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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 515405496
Report Date: 09/30/2019
Date Signed: 10/01/2019 03:08:22 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
06/14/2019 and conducted by Evaluator Laura Chavez
PUBLIC
COMPLAINT CONTROL NUMBER: 13-CC-20190614084539
FACILITY NAME:FUSION PRESCHOOL ACADEMY IIFACILITY NUMBER:
515405496
ADMINISTRATOR:EVERETT, KELLIFACILITY TYPE:
850
ADDRESS:1191 LIVE OAK BLVD.TELEPHONE:
(530) 674-7595
CITY:YUBA CITYSTATE: CAZIP CODE:
95991
CAPACITY:54CENSUS: 23DATE:
09/30/2019
UNANNOUNCEDTIME BEGAN:
12:51 PM
MET WITH:Dante WaltersTIME COMPLETED:
03:15 PM
ALLEGATION(S):
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1. Facility is infested with insects.
2. Staff do not sanitize diaper changing area.
3. Staff do not wash their hands after changing diapers or prior to serving food.
4. Staff failed to provide children with appropriate accommodations.
5. Children in diapers not changed in a timely manner.
6. Children not taken to the bathroom as needed.
7. Facility operating out of ratio.


INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Laura Chavez conducted an unannounced follow-up complaint inspection, and met with current facility Director Dante Walters.

It was alleged that the facility is infested with insects, specifically with fleas and cockroaches. Interviews conducted on 6/19/2019 with previous facility Director Kelli Everett, previous Director of Operations Micheyl Walker and two staff corroborated that the facility has a flea and cockroach infestation. The flea infestation resulted in children and staff to be bitten by fleas.

It was alleged that staff do not sanitize the diaper changing area, specifically, that the pad on the changing table is not sanitized between each diaper change. It was also alleged that staff do not wash their hands after changing diapers or prior to serving food. Information provide through staff interviews corroborated that the pad on the changing table is not always sanitized between each diaper change. Staff also corroborated that hand washing is not always done after changing diapers or prior to serving food.

Report continued: See LIC 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Megan AvilesTELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Laura ChavezTELEPHONE: (530) 895-5914
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2019
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 13-CC-20190614084539
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: 09/30/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
10/30/2019
Section Cited
CCR
101223(a)(3)
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Personal Rights: The licensee shall ensure that each child is accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs and to be free from interference with functions of daily living including toileting.

This requirement is not met as evidenced by:
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Facility Director agrees to provide a written statement on how children in diapers will be changed in a timely manner and how the facility will ensure children are taken to the bathroom when needed.

The plan of correction shall be submitted to CCLD on or before 10/30/2019.
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Staff interviewed admitting to not changing children in diapers in a timely manner or taking children to the bathroom as needed. This poses a potential health and safety risk to the children in care.
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Type B
10/30/2019
Section Cited
CCR
101216.3(a)(f)
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Teacher-Child Ratio: There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance. During nap periods teacher-child ratio of one teacher supervising 24 napping children. This requirement is not met as evidenced by: staff admitting to taking child(ren) playing in the outdoor play inside to use the bathroom leaving
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Facility Director agrees to provide a written statement on how the facility will ensure teacher:child ratios at all times

The plan of correction shall be submitted to CCLD on or before 10/30/2019.
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one staff person outside alone with more than 12 children. Also, during nap time, staff are made to clean the outdoor play area while leaving one staff person alone inside the facility with more than 24 napping children.

This poses a potential health and safety risk to the children in care.
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Facility Director agreed that POC's shall include staff training on topics on deficiencies cited.



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 AvilesTELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Laura ChavezTELEPHONE: (530) 895-5914
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2019
LIC9099 (FAS) - (06/04)
Page: 4 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, 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
06/14/2019 and conducted by Evaluator Laura Chavez
PUBLIC
COMPLAINT CONTROL NUMBER: 13-CC-20190614084539

FACILITY NAME:FUSION PRESCHOOL ACADEMY IIFACILITY NUMBER:
515405496
ADMINISTRATOR:EVERETT, KELLIFACILITY TYPE:
850
ADDRESS:1191 LIVE OAK BLVD.TELEPHONE:
(530) 674-7595
CITY:YUBA CITYSTATE: CAZIP CODE:
95991
CAPACITY:54CENSUS: 23DATE:
09/30/2019
UNANNOUNCEDTIME BEGAN:
12:51 PM
MET WITH:Dante WaltersTIME COMPLETED:
03:15 PM
ALLEGATION(S):
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9
Staff handled children in a rough manner
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Laura Chavez conducted an unannounced follow-up complaint inspection, and met with current facility Director Dante Walters. It was alleged that staff handle children in a rough manner, specifically, that children are grabbed by their upper biceps and forcefully moved. Previous facility Director Kelli Everett was interviewed on 6/19/2019 and denied the allegation and stated that a child may be gently grabbed either under their arms or by their biceps to quickly move them from a situation such as jumping off a climbing structure and preventing an injury. During the investigation, staff, parent and children interviews were conducted on 6/19/2019, 8/12/2019, and 8/16/2019.

During today’s visit the facility was toured. LPA observed two staff supervising 23 napping children.

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 findings are unsubstantiated. An exit interview was conducted. The Notice of Site Visit must be posted for 30 days.
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Megan AvilesTELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Laura ChavezTELEPHONE: (530) 895-5914
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2019
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 5 of 5
Control Number 13-CC-20190614084539
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: 09/30/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
10/30/2019
Section Cited
CCR
101238(a)(1)
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Buildings and Grounds: The licensee shall take measures to keep the center free of flies, other insects, and rodents. This requirement is not met as evidenced by: staff interviews corroborating to a flea and cockroach infestation resulting in children and staff to be bitten by fleas. This poses a potential health and safety risk to the children in care.
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Facility Director agrees to provide proof of pest control being provided at the facility on a monthly basis.

The plan of correction shall be submitted to CCLD on or before 10/30/2019.
Type B
10/30/2019
Section Cited
CCR
101638.1(e)(4)
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General Sanitation: The diaper-changing area shall be disinfected after each diaper change. This requirement is not met as evidenced by: staff admitting that the pad on the diaper changing table is not always sanitized between each diaper change. This poses a potential health and safety risk to the children in care.
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Facility Director agrees to provide a written statement on how the diaper changing area will be maintained sanitized as required.

The plan of correction shall be submitted to CCLD on or before 10/30/2019.
Type B
10/30/2019
Section Cited
CCR
101638.1(c)(1)(2)
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General Sanitation: Staff an children shall wash their hands at appropriate times, including but not limited to before and after eating or handling food and after toileting or changing diapers. This requirement is not met as evidenced by: staff admitting to not always washing their hands prior to serving food or after changing diapers.
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The facility Director agrees to provide a written statement on how staff will ensure hand washing is done before and after eating or handling food and after toileting or changing diapers.

The plan of correction shall be submitted to CCLD on or before 10/30/2019.
Type B
10/30/2019
Section Cited
CCR
101223(a)(2)
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Personal Rights: The licensee shall ensure that each child is accorded safe, healthful and comfortable accommodations to meet his/her needs. This requirement is not met as evidenced by: Child #1 being allowed to eat off the floor. This poses a potential health and safety risk to the children in care.
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The facility Director agrees to provide a written statement on how the facility will ensure children will be accorded safe, healthful and comfortable accommodations, including but not limited to never allowing any child to eat off the floor.
The plan of correction shall be submitted to CCLD on or before 10/30/2019.
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 AvilesTELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Laura ChavezTELEPHONE: (530) 895-5914
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2019
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 13-CC-20190614084539
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: 09/30/2019
NARRATIVE
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It was alleged that staff failed to provide children with appropriate accommodations, specifically, that a child is allowed to eat off the floor. Previous facility Director Kelli Everett interviewed on 6/19/2019 admitted to allowing Child #1 to eat off the floor. Previous facility Director Kelli Everett said Child#1 refuses to eat off the plate and felt it was better for the child to eat off the floor than to not eat at all.

It was alleged that children in diapers are not changed in a timely manner and that children are not taken to the bathroom as needed. Information provided through staff interviews revealed that a lack of additional staff prevents them from changing children in diapers in a timely manner and from taking children to the bathroom as needed.

It was alleged that the facility is operating out-of-ratio. Staff interviewed admitted to taking children playing in the outdoor play area inside the facility to use the bathroom leaving one staff person alone with more than 12 children in the outdoor play area. Also, during nap time, staff are made to clean the outdoor play area while leaving one staff person alone inside the facility with more than 24 napping children.

Based on the evidence obtained, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. California Code of Regulations, (Title 22), is being cited on the attached LIC 9099D. Appeal rights were provided and exit interview conducted. The Notice of Site Visit must be posted for 30 days.
SUPERVISOR'S NAME: Megan AvilesTELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Laura ChavezTELEPHONE: (530) 895-5914
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2019
LIC9099 (FAS) - (06/04)
Page: 2 of 5