511306435-12-1-2021-13-CC-MAVS-C9JUHK-20211209143603

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 511306435
Report Date: 11/17/2021
Date Signed: 12/01/2021 03:09:56 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926

This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/06/2021 and conducted by Evaluator Laura Chavez

PUBLIC

COMPLAINT CONTROL NUMBER: 13-CC-20211006082321

FACILITY NAME:	LIVE OAK CHILD CARE CENTER		FACILITY NUMBER:	511306435
ADMINISTRATOR:	GRANGER, SHANNON		FACILITY TYPE:	850
ADDRESS:	1990 ARCHER AVENUE		TELEPHONE:	(530) 695-2372
CITY:	LIVE OAK	STATE: CA	ZIP CODE:	95953
CAPACITY:	56	CENSUS: 36	DATE:	11/17/2021
		UNANNOUNCED	TIME BEGAN:	09:55 AM
MET WITH:	Shannon Granger		TIME COMPLETED:	11:35 AM

ALLEGATION(S):

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Staff hit a child in care.

Staff spoke to day-care child in an aggressive manner.

INVESTIGATION FINDINGS:

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On 11/17/2021 at 9:55am, Licensing Program Analyst (LPA) Laura Chavez conducted an unannounced follow up complaint inspection to the facility to deliver complaint findings. LPA met with Executive Director Shannon Granger. It was alleged that a staff hit a child in care, specifically that on 10/5/2021, Staff #1 spanked her own child (Child #1) who is also a child in care. It was also alleged that staff spoke to a day-care child in an aggressive manner, specifically that on 10/5/2021, Staff #1 aggressively spoke to Child #2 after the child became disruptive in class. Executive Director stated that she was notified after hours of the incidents on the day they occurred. Executive Director said she was on a field trip with other children in care at the time the incidents took place. Executive Director stated Staff #1 was immediately suspended pending an internal investigation. On 10/5/2021 at 6:49pm, Executive Director self-reported the incident via email to Community Care Licensing. On 10/6/2021 Executive Director followed up with a phone call to Community Care Licensing stating that the internal investigation confirmed that Staff #1 spanked Child #1 and spoke to Child #2 in an aggressive manner. On 10/6/2021, Staff #1 voluntarily resigned from her teaching position.

Report continued: See LIC9099-C

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Megan Aviles	TELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Laura Chavez	TELEPHONE: (530) 895-5914
LICENSING EVALUATOR SIGNATURE:	DATE: 11/17/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/17/2021

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 13-CC-20211006082321

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926

FACILITY NAME: LIVE OAK CHILD CARE CENTER	FACILITY NUMBER: 511306435
	VISIT DATE: 11/17/2021

NARRATIVE

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Interviews made on 10/12/2021 and 11/4/2021 with Staff #2, #3 and #4 corroborate that although staff did not observe Staff #1 spank Child #1, they could undoubtedly hear Child #1 being spanked. Staff #2 and #3 stated that the remaining children in care became quiet and noticeably upset as they heard Child #1 being spanked. Staff #2, #3 and #4 stated that after Staff #1 returned to the classroom, Staff #1 saw Child #2 running and throwing down plants made by children and in an aggressive manner Staff #1 took Child #2 by her arm, sat her down and told her to stop. Staff #2, #3, and #4 admitted they did not intervene with Staff #1 spanking Child #1 since Child #1 is Staff #1’s own child. Staff #2 and #3 also stated if they had left the classroom to intervene, the required teacher child ratios would not have been maintained.

On 11/4/2021 during a phone interview with Staff #1, staff admitted to spanking her son, Child #1 for not listening, misbehaving and throwing a tantrum in class. Staff #1 denied speaking to Child #2 in an aggressive manner, however, admitted to speaking to Child #2 in a firm manner after child would not stop running or throwing down projects made by children in care. Staff #1 stated that she was unaware it was against licensing rules to spank your own child.

Based on interviews conducted and available information obtained, the preponderance of evidence standard has been met, and the allegations are therefore substantiated. An exit interview was conducted with Executive Director Shannon Granger, a plan of correction was discussed, Notice of Operation in Violation of Law and appeal rights were provided. Notice of Site Visit shall be posted for 30 days from today's visit.

The following Type A violation of the California Code of Regulations, Title 22; Division 12, was cited: see LIC 9099D.

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 and are to be kept in each child's file.

SUPERVISOR'S NAME: Megan Aviles	TELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Laura Chavez	TELEPHONE: (530) 895-5914
LICENSING EVALUATOR SIGNATURE:	DATE: 11/17/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/17/2021

LIC9099 (FAS) - (06/04)

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Control Number 13-CC-20211006082321

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926

FACILITY NAME: LIVE OAK CHILD CARE CENTER	FACILITY NUMBER: 511306435
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 11/17/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 11/18/2021 Section Cited CCR 101223(3)	1 2 3 4 5 6 7	Personal Rights: The licensee shall ensure that each child is accorded the following 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.	1 2 3 4 5 6 7	Executive Director agrees to provide training to staff on ensuring the personal rights of children in care. Executive Director also agrees to provide a written statement on how staff will ensure children's personal rights will be met.
	8 9 10 11 12 13 14	This requirement was not met as evidenced by; staff failing to intervene to prevent Staff #1 from spanking Child #1 and speaking to Child #2 in an aggressive manner.	8 9 10 11 12 13 14	The plan of correction shall be submitted to CCLD on or by 11/18/2021.
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Megan Aviles	TELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Laura Chavez	TELEPHONE: (530) 895-5914
LICENSING EVALUATOR SIGNATURE:	DATE: 11/17/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/17/2021

LIC9099 (FAS) - (06/04)

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