483009497-12-1-2021-01-CC-LLEI-C9GQ4F-20211207105012

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 483009497
Report Date: 12/01/2021
Date Signed: 12/01/2021 11:26:37 AM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office,
, CA

This is an official report of an unannounced visit/investigation of a complaint received in our office on
09/17/2021 and conducted by Evaluator Kevin O'Connell

COMPLAINT CONTROL NUMBER: 01-CC-20210917112150

FACILITY NAME:	GROWING HEARTS CHILDCARE CENTER-INFANT		FACILITY NUMBER:	483009497
ADMINISTRATOR:	BOWERS, PENNY		FACILITY TYPE:	830
ADDRESS:	1955 WEST TEXAS ST., STE 17		TELEPHONE:	(707) 399-8112
CITY:	FAIRFIELD	STATE: CA	ZIP CODE:	94533
CAPACITY:	20	CENSUS: 11	DATE:	12/01/2021
		UNANNOUNCED	TIME BEGAN:	10:15 AM
MET WITH:	Penny Bowers, Director		TIME COMPLETED:	11:40 AM

ALLEGATION(S):

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Staff did not prevent day care child from swallowing hazardous objects.

INVESTIGATION FINDINGS:

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Licensing Program Analyst, (LPA), Kevin O’Connell made a subsequent complaint investigation visit on 12/1/21 and met with Director, Penny Bowers (S1), to deliver the finding regarding the allegation mentioned above. LPA previously met with S1 on 9/24/21 to initiate the investigation by discussing the purpose of the visit, taking statements, conducting interviews, and making observations. It was alleged that staff did not prevent day care child from swallowing hazardous objects, specifically that a child ingested “water pearls”.
On 9/24/21 at 10:50 a.m., Center Director (S1) agreed with the allegation confirming that yes, it did happen.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Kevin O'Connell	TELEPHONE: (707) 588-5026
LICENSING EVALUATOR SIGNATURE:	DATE: 12/01/2021

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/01/2021

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20210917112150

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office,
, CA

FACILITY NAME: GROWING HEARTS CHILDCARE CENTER-INFANT	FACILITY NUMBER: 483009497
	VISIT DATE: 12/01/2021

NARRATIVE

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S1 explained that some Orbeez (water beads) were brought out to the infant play yard for children to play with and some must have been ingested. S1 also stated that staff had observed children place some in their mouths.

The investigation consisted of interviews with the Director (S1) and two staff (S2, S3) from the child’s classroom, an internet search and review of the product, and evidence showing that multiple Orbeez (water beads) had passed through child’s (C1) system. On 9/24/21, S2 stated that she observed two children put Orbeez in their mouths upon which S2 quickly removed. When interviewed on 9/24/21, S3 stated that she did see children knock some Orbeez onto the floor of which she quickly removed but did not observe any children ingest them. According to a search of this product on multiple internet sites, it is indicated that this product is not recommended for children under five. This facility provides services to children up to two years of age.
Based on statements from interviews and review of evidence, the preponderance of evidence standard has been met; therefore, the above allegation is found to be substantiated. California Code of Regulations, Title 22, is being cited on the attached LIC 9099-D. Appeal rights were provided. An exit interview was conducted, and this report as well as the deficiencies page was read and discussed with the Director, S1. The Notice of Site Visit shall be posted for 30 days.

Reports citing Type A violations are to be provided to parents/guardians of children currently enrolled and to parents/guardians of children newly enrolled at the facility during the next twelve months. Parents/guardians must sign form LIC9224 to be kept in each child’s file.

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Kevin O'Connell	TELEPHONE: (707) 588-5026
LICENSING EVALUATOR SIGNATURE:	DATE: 12/01/2021

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/01/2021

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20210917112150

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office,
, CA

FACILITY NAME: GROWING HEARTS CHILDCARE CENTER-INFANT	FACILITY NUMBER: 483009497
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/01/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 12/02/2021 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	101223 Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights:	1 2 3 4 5 6 7	Licensee states that she will hold a training with staff and review the Personal Rights Regulation 101223 and have
	8 9 10 11 12 13 14	(2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement is not met as evidenced by: Based on interviews, records obtained, S1's admission, S2's observation of C1 putting Orbeez into their mouth, evidence shows that C1's rights were violated. This posed an immediate health, safety and personal rights risk to that child in care.	8 9 10 11 12 13 14	staff sign a statement that they have reviewed and understand the regulation and will send it to CCL by 12/2/2021. kevin.oconnell@dss.ca.gov
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
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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 Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Kevin O'Connell	TELEPHONE: (707) 588-5026
LICENSING EVALUATOR SIGNATURE:	DATE: 12/01/2021

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/01/2021

LIC9099 (FAS) - (06/04)

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