490111657-5-14-2021-01-CC-AHON-C34LLW-20210517085147

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 490111657
Report Date: 05/14/2021
Date Signed: 05/14/2021 11:32:28 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
04/01/2021 and conducted by Evaluator Amy Strother

PUBLIC

COMPLAINT CONTROL NUMBER: 01-CC-20210401160630

FACILITY NAME:	BRUSH CREEK MONTESSORI SCHOOL		FACILITY NUMBER:	490111657
ADMINISTRATOR:	BURCHETT, JED		FACILITY TYPE:	850
ADDRESS:	1569 BRUSH CREEK ROAD		TELEPHONE:	(707) 539-7980
CITY:	SANTA ROSA	STATE: CA	ZIP CODE:	95404
CAPACITY:	78	CENSUS: 24	DATE:	05/14/2021
		UNANNOUNCED	TIME BEGAN:	09:52 AM
MET WITH:	Candace Mackey		TIME COMPLETED:	11:11 AM

ALLEGATION(S):

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Facility is operating out of ratio
Unqualified staff left alone with daycare children

INVESTIGATION FINDINGS:

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A follow-up complaint investigation tele-visit was made today by Licensing Program Analyst (LPA) Amy Strother to deliver complaint investigation findings. Due to the COVID-19 pandemic, a tele-visit was conducted in place of an in-person, site-visit. Previously, a tele-visit investigation was conducted by LPA with center Director Candace Mackey (D1) on 04/07/21. It was alleged that the facility is operating out of ratio and that unqualified staff are left alone with daycare children, specifically that when one teacher, Staff 2 (S2) goes home, the other staff person, Staff 1 (S1) is left with 11 children and is not qualified to work with children alone.

During the complaint investigation staff transcripts and form LIC501, provided by D1, were reviewed and used to determine staff qualifications. Interviews were conducted with five facility staff (S1-S5) on 05/05/21. A record review of S1’s college transcripts indicate that S1 is currently qualified to work as an aide under the direct supervision of a teacher and is not qualified to be scheduled to work as a teacher alone with the children, with the exception of supervising napping children provided that the qualified teachers necessary to meet the overall ratio are immediately available at the center.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Alexis Hollon	TELEPHONE: (707) 588-5036
LICENSING EVALUATOR NAME: Amy Strother	TELEPHONE: (707) 588-5077
LICENSING EVALUATOR SIGNATURE:	DATE: 05/14/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/14/2021

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-20210401160630

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: BRUSH CREEK MONTESSORI SCHOOL	FACILITY NUMBER: 490111657
	VISIT DATE: 05/14/2021

NARRATIVE

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S2-S5’s college transcripts indicate that S2-S5 are all fully qualified teachers. LPA’s observations on 04/07/21 and interviews conducted, confirm that S1 worked and was scheduled to work, in the capacity of a teacher without the required qualifications on more than one occasion. While interviews did not confirm that the facility is operating out of ratio in connection to the specifics of the complaint allegation, based on interviews conducted on 05/05/21 the facility on more than one occasion has operated out of ratio, when two staff have had more than 12 children and one staff has left to use the bathroom or prepare classroom materials, leaving 1 teacher to supervise 13 or 14 children for a brief period of time.

Based on evidence obtained, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. The following violations(s) of the California Code of Regulations, Title 22: Division 12, were observed: See LIC9099D. Appeal Rights were provided.

SUPERVISOR'S NAME: Alexis Hollon	TELEPHONE: (707) 588-5036
LICENSING EVALUATOR NAME: Amy Strother	TELEPHONE: (707) 588-5077
LICENSING EVALUATOR SIGNATURE:	DATE: 05/14/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/14/2021

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20210401160630

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: BRUSH CREEK MONTESSORI SCHOOL	FACILITY NUMBER: 490111657
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 05/14/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 05/14/2021 Section Cited CCR 101216.1(b)(1)(A)	1 2 3 4 5 6 7	101216.1 Teacher Qualifications...(b) Prior to employment,...(1) A teacher shall have completed,...at least six...semester...units of the education requirement...(A) After employment, a teacher hired under (b) above shall complete...at least two units each semester...until the education requirement...is met. The requirement has not been met as evidenced by:	1 2 3 4 5 6 7	D1 stated that since 04/07/21 when it was brought to her attention that S1 was not qualified to be the closing teacher left alone with the children, she has been working in the classroom along with S1 until the last child goes home. D1 stated that S1 plans to enroll in the additional units needed to qualify as a teacher, and until then, will always have a qualified teacher present with S1.
	8 9 10 11 12 13 14	Based on observation, interview and record review the licensee did not ensure that S1 met the qualifications required to work in the capacity of a teacher. Record review indicates that S1 is currently qualified to work as an aide under the direct supervision of a teacher. Based on observation and interview S1 was working for a portion of the day without direct supervision of a qualified teacher, which poses a potential risk to the children in care.	8 9 10 11 12 13 14
Type B 05/18/2021 Section Cited CCR 101216.3(a)	1 2 3 4 5 6 7	101216.3 Teacher-Child Ratio (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance… The requirement has not been met as evidenced by:	1 2 3 4 5 6 7	D1 stated that she will hold a staff meeting on 05/17/21 to cover the topic of ratio requirements and supervision with the staff. D1 will strategize with staff on how to cover bathroom breaks and material preparation, making sure there are never more than 12 children left in the care of one teacher at any time. D1 will submit meeting minutes with staff signatures to LPA's email by 05/18/21.
	8 9 10 11 12 13 14	Based on interviews the facility was out of ratio on more than one occasion when 13 or 14 children were present under the supervision of one staff for a brief period of time while the second staff used the restroom or prepared materials, which poses a potential risk to the children in care.	8 9 10 11 12 13 14

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: Alexis Hollon	TELEPHONE: (707) 588-5036
LICENSING EVALUATOR NAME: Amy Strother	TELEPHONE: (707) 588-5077
LICENSING EVALUATOR SIGNATURE:	DATE: 05/14/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/14/2021

LIC9099 (FAS) - (06/04)

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