515405496-7-2-2019-13-CC-MAVS-BEDTJQ-20190724144640

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 515405496
Report Date: 07/02/2019
Date Signed: 07/02/2019 04:37:35 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
04/26/2019 and conducted by Evaluator Kirk Marks

PUBLIC

COMPLAINT CONTROL NUMBER: 13-CC-20190426142821

FACILITY NAME:	FUSION PRESCHOOL ACADEMY II		FACILITY NUMBER:	515405496
ADMINISTRATOR:	EVERETT, KELLI		FACILITY TYPE:	850
ADDRESS:	1191 LIVE OAK BLVD.		TELEPHONE:	(530) 674-7595
CITY:	YUBA CITY	STATE: CA	ZIP CODE:	95991
CAPACITY:	54	CENSUS:	DATE:	07/02/2019
		UNANNOUNCED	TIME BEGAN:	03:30 PM
MET WITH:	Kelli Everett, Director		TIME COMPLETED:	04:45 PM

ALLEGATION(S):

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Facility staff inappropriately restrained day care child.
Facility staff refused to allow day care child to use the bathroom.
Facility staff left day care child in soiled clothing for an extended period.

INVESTIGATION FINDINGS:

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A follow-up unannounced complaint investigation visit was made to the facility by Licensing Program Analyst (LPA) Kirk Marks. It has been alleged that facility staff inappropriately restrained a child during nap time, by sitting on the child. It was also alleged that the staff did not allow a child to use the bathroom while the child was outside with the other children and staff. It was alleged that the child then urinated in their clothes and remained outside with soiled clothing until being picked up by a parent. An unannounced complaint investigation visit was made to the facility on 5/03/2019 and two staff members were interviewed at 1:00pm. A third staff member was interviewed by phone on 6/19/2019 at 10:30am. Interviews revealed that staff would drape legs over the child’s legs, but not touching the child to keep the child from kicking during nap time. It was determined this is a form of a restraint by restricting the child from moving freely.

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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Megan Aviles	TELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Kirk Marks	TELEPHONE: (530) 895-5045
LICENSING EVALUATOR SIGNATURE:	DATE: 07/02/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/02/2019

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-20190426142821

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: FUSION PRESCHOOL ACADEMY II	FACILITY NUMBER: 515405496
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 07/02/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 07/09/2019 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	Personal rights include the right to be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.	1 2 3 4 5 6 7	The facility agrees to shorten outside play time and allow children to have more restroom breaks while playing outside.
	8 9 10 11 12 13 14	This requirement was not met as evidence by: Based on staff statements, the Licensee failed to address the needs of a child who had soiled clothes for approximately 20-30 minutes.	8 9 10 11 12 13 14
Type B 07/09/2019 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	The licensee shall ensure that each child is accorded the right to be free from actions of a punitive nature including interference with functions of daily living including toileting or aids to physical functioning.	1 2 3 4 5 6 7	The facility agrees to shorten outside play time and allow children to have more restroom breaks while playing outside. A plan was made to separate children who kick others and notify
	8 9 10 11 12 13 14	This requirement was not met as evidenced by: Based on staff statements the Licensee failed to ensure child was not accorded personal rights of toileting needs and free movement during nap time	8 9 10 11 12 13 14	parents to pick up child if the action continues.

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: Kirk Marks	TELEPHONE: (530) 895-5045
LICENSING EVALUATOR SIGNATURE:	DATE: 07/02/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/02/2019

LIC9099 (FAS) - (06/04)

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Control Number 13-CC-20190426142821

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: FUSION PRESCHOOL ACADEMY II	FACILITY NUMBER: 515405496
	VISIT DATE: 07/02/2019

NARRATIVE

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It was also stated during the interviews that the staff are not always able to bring children in from outside to use the restroom due to there not being enough staff available to keep in ratio requirements. In order to allow a child in to use the bathroom, the staff would need to bring up to twelve children in at a time since there was no other staff member available to watch children inside while using the bathroom. The staff stated they would ask children to wait before more staff was available or until all the children could go in at the same time. The child in question had urinated in their clothing but the staff member could not recall if the child had asked to go inside to use the bathroom. It was determined through interviews that the child remained in soiled clothing outside for approximately 20 – 30 minutes. It was determined that because children are often asked to wait to use the restroom and because this child did not get to the bathroom on time, this is a violation of their personal rights. Based on the consistent staff interviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. This report was reviewed and discussed with the director. All licensing reports are public information and must be made available upon request for at least three years.
Notice of Site Visit shall be posted for 30 days from today's visit.
The following violation(s) of the California Code of Regulations, Title 22; Division 12, were cited: see LIC 9099D. Appeal Rights were provided.

SUPERVISOR'S NAME: Megan Aviles	TELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Kirk Marks	TELEPHONE: (530) 895-5045
LICENSING EVALUATOR SIGNATURE:	DATE: 07/02/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/02/2019

LIC9099 (FAS) - (06/04)

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