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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 483007744
Report Date: 05/03/2021
Date Signed: 05/03/2021 11:41:19 AM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928
This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/25/2021 and conducted by Evaluator Elpidia Hernandez Torres
COMPLAINT CONTROL NUMBER: 01-CC-20210225155709
FACILITY NAME:LINNEAR, GLORIA FCCHFACILITY NUMBER:
483007744
ADMINISTRATOR:LINNEAR, GLORIAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(707) 422-2075
CITY:FAIRFIELDSTATE: CAZIP CODE:
94533
CAPACITY:14CENSUS: 2DATE:
05/03/2021
ANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Gloria LinnearTIME COMPLETED:
10:45 AM
ALLEGATION(S):
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Facility staff hit day care child resulting in injury
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs), Elpida Hernandez Torres, Melchisedeck Augustin conducted a subsequent complaint investigation inspection on 05/03/2021 at 09:00AM for the purpose of delivering the findings regarding the above allegation. LPAs met with Licensee, Gloria Linnear, via a tele-inspection due to the COVID-19 pandemic. LPA Hernandez Torres previously met with Licensee on 03/01/21 to discuss the purpose of the visit and request personnel records and children roster. This complaint was investigated by Investigation Branch (IB) Investigator, Sonia Boyal. It was alleged that a staff member hit a day care child resulting in an injury, specifically that the facility staff member (S1) threw an electronic tablet at a child (C1) causing a serious eye injury. S1 denied the allegation stating that it was an accident and that the tablet was handed to C1.

During the course of the investigation, interviews were conducted with two daycare staff, six children, four parents, medical staff, and law enforcement on 03/01/21, 03/02/21, 03/17/21, 03/23/21, 03/24/21, and 03/25/21. Medical records and law enforcement reports were reviewed. On 02/25/2021, S1 took the involved child in for medical treatment due to a swollen, black left eye with a laceration just below the left eye. According to interviews, S1 became upset and threw the electronic tablet at C1. The tablet hit C1, who was a few feet away, causing the symptoms to C1’s left eye which required medical attention.

Continued on 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 05/03/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/03/2021
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 5
Control Number 01-CC-20210225155709
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928
FACILITY NAME: LINNEAR, GLORIA FCCH
FACILITY NUMBER: 483007744
VISIT DATE: 05/03/2021
NARRATIVE
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Based on the medical records and interviews, S1 exercised poor judgment and lack of care when giving the tablet to C1 resulting in a serious eye injury. Therefore, the preponderance of evidence standard has been met and the above allegation is found to be substantiated. The California Code of Regulations, Title 22, Division 12 & Chapter 1, section 102423(a)(4) is being cited on attached LIC 9099D and civil penalty of $500 issued for violation of regulation resulting in an injury to the child in care. This report was reviewed with the Licensee and an exit interview was conducted. Licensee’s signature was not recorded on this Complaint Investigation Report (CIR), however; a copy was provided and Licensee’s confirmation of read receipt is on file. Notice of Site Visit shall be posted for 30 days. Appeal Rights were provided.

Reports citing Type A violations are to be provided to parents/guardians of children currently in enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC9224 to be kept in each child's file.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 05/03/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/03/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 01-CC-20210225155709
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928

FACILITY NAME: LINNEAR, GLORIA FCCH
FACILITY NUMBER: 483007744
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/03/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/04/2021
Section Cited
CCR
102423(a)(4)
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102423(a)(4) Personal Rights: To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature… This requirement is not met as evidenced by:
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Licensee, Gloria agreed to submit a written and signed statment with comprehensive plan of Correction, with completed form LIC 9098 to the deparment by 05/04/2021.

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Medical records and interviews confirmed S1 inflicted pain when causing C1’s serious eye injury when giving the electronic tablet to C1. This poses an immediate health and safety risk to children in care. Civil penalty of $500 assessed for violation of reg resulting in injury.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 05/03/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/03/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928
This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/25/2021 and conducted by Evaluator Elpidia Hernandez Torres
COMPLAINT CONTROL NUMBER: 01-CC-20210225155709

FACILITY NAME:LINNEAR, GLORIA FCCHFACILITY NUMBER:
483007744
ADMINISTRATOR:LINNEAR, GLORIAFACILITY TYPE:
810
ADDRESS:1659 SAN DIEGOTELEPHONE:
(707) 422-2075
CITY:FAIRFIELDSTATE: CAZIP CODE:
94533
CAPACITY:14CENSUS: DATE:
05/03/2021
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Gloria LinnearTIME COMPLETED:
10:45 AM
ALLEGATION(S):
1
2
3
4
5
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7
8
9
Facility staff physically abused day care child resulting in injury
INVESTIGATION FINDINGS:
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3
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13
Licensing Program Analysts (LPAs), Elpida Hernandez Torres and Melchisedeck Augustin conducted a subsequent complaint investigation inspection on 05/03/2021 at 09:00AM for the purpose of delivering the finding regarding the above allegation. LPAs met with Licensee, Gloria Linnear, via a tele-inspection due to the COVID-19 pandemic. LPA Hernandez Torres previously met with Licensee on 03/01/21 to discuss the purpose of the visit and request personnel records and children roster. This complaint was investigated by Investigation Branch (IB) Investigator, Sonia Boyal. It was alleged that a facility staff member physically abused a day care child resulting in injury, specifically that the staff member (S1) threw an electronic tablet at a child causing a serious eye injury. S1 denied the allegation stating that it was an accident, that he did not throw the tablet at the child (C1), and that there was no malicious intent when handing the tablet to C1.

During the course of the investigation, interviews were conducted with two daycare staff, six children, four parents, medical staff, and law enforcement on 03/01/21, 03/02/21, 03/17/21, 03/23/21, 03/24/21, and 03/25/21. Medical records and law enforcement reports were reviewed. On 02/25/2021, facility staff member (S1) took the involved child in for medical treatment due to a swollen, black left eye with a laceration just below the left eye. According to interviews, S1 became upset and threw the electronic tablet at C1. The tablet hit the C1, who was a few feet away, causing the symptoms to C1’s left eye which required medical attention. There were no witnesses to the incident.

Continued on 9099-C
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 05/03/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/03/2021
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 01-CC-20210225155709
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928
FACILITY NAME: LINNEAR, GLORIA FCCH
FACILITY NUMBER: 483007744
VISIT DATE: 05/03/2021
NARRATIVE
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Based on the medical records and interviews, although S1 exercised poor judgment and lack of care when giving the tablet to C1 which resulted in the C1’s serious eye injury, it is unclear if S1 threw the electronic tablet at C1 with any intent to cause physical harm or abuse to C1. Therefore, although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred, and the finding is unsubstantiated.

This report was reviewed with the Licensee and an exit interview was conducted. Licensee’s signature was not recorded on this Complaint Investigation Report (CIR), however; a copy was provided and Licensee’s confirmation of read receipt is on file. The Notice of Site Visit must be posted for 30 days.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 05/03/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/03/2021
LIC9099 (FAS) - (06/04)
Page: 5 of 5