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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 045407981
Report Date: 09/22/2022
Date Signed: 09/22/2022 01:39:05 PM

Unsubstantiated


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
08/01/2022 and conducted by Evaluator Bianca Mendez
PUBLIC
COMPLAINT CONTROL NUMBER: 13-CC-20220801094013
FACILITY NAME:CREATIVE SCHOLARS ACADEMY INFANT CENTERFACILITY NUMBER:
045407981
ADMINISTRATOR:RAY, NICOLEFACILITY TYPE:
830
ADDRESS:120 YELLOWSTONE DR.TELEPHONE:
(530) 809-2468
CITY:CHICOSTATE: CAZIP CODE:
95973
CAPACITY:16CENSUS: 10DATE:
09/22/2022
UNANNOUNCEDTIME BEGAN:
01:08 PM
MET WITH:Nicole RayTIME COMPLETED:
01:40 PM
ALLEGATION(S):
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Licensee is operating out of ratio
INVESTIGATION FINDINGS:
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On 9/22/22 at 1:08pm Licensing Program Analyst (LPA) Mendez and Licensing Program Manager (LPM) Aviles conducted a subsequent complaint investigation inspection to the facility for the purpose of delivering complaint findings. It was alleged that licensee is operating over ratio.
The facility director was interviewed on 8/02/22 at 10:25am. Facility director stated that they have enough qualified staff to meet their ratio requirements and denied being out of ratio.
The facility owner was interviewed on 8/03/22 at 2:10pm. Facility owner stated that they have been within ratio and children from infant room have transitioned into the toddler classroom and stated that they currently have 5 teachers in the infant room and the director has been on top of the numbers.

Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Megan AvilesTELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Bianca MendezTELEPHONE: (530) 895-4357
LICENSING EVALUATOR SIGNATURE:

DATE: 09/22/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2022
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 7
Control Number 13-CC-20220801094013
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: CREATIVE SCHOLARS ACADEMY INFANT CENTER
FACILITY NUMBER: 045407981
VISIT DATE: 09/22/2022
NARRATIVE
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LPA Mendez interviewed eight staff (S1-S8) on 8/2/22, 8/5/22, 8/8/22 and 8/11/22. LPA Mendez asked staff if the facility had been operating out of ratio, 2 out 8 staff stated confirmed the facility has occasional operated out of ratio. 6 out of 8 staff interviews denied witnessing the facility operating out of ratio and stated staff to child ratios are in accordance with the regulation.

LPA Mendez interviewed eleven parent witnesses (P1-P11) on 8/1/22, 8/8/22, 9/8/22 and 9/19/22. LPA Mendez asked parents if they had witnessed facility operating out of ratio, 3 out of 11 interviews confirmed witnessing the facility operating out of ratio. 8 of the 11 interviews denied observing the facility operating out of ratio.
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.
SUPERVISOR'S NAME: Megan AvilesTELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Bianca MendezTELEPHONE: (530) 895-4357
LICENSING EVALUATOR SIGNATURE:

DATE: 09/22/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2022
LIC9099 (FAS) - (06/04)
Page: 7 of 7
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
08/01/2022 and conducted by Evaluator Bianca Mendez
PUBLIC
COMPLAINT CONTROL NUMBER: 13-CC-20220801094013

FACILITY NAME:CREATIVE SCHOLARS ACADEMY INFANT CENTERFACILITY NUMBER:
045407981
ADMINISTRATOR:RAY, NICOLEFACILITY TYPE:
830
ADDRESS:120 YELLOWSTONE DR.TELEPHONE:
(530) 809-2468
CITY:CHICOSTATE: CAZIP CODE:
95973
CAPACITY:16CENSUS: 10DATE:
09/22/2022
UNANNOUNCEDTIME BEGAN:
01:08 PM
MET WITH:Nicole RayTIME COMPLETED:
01:40 PM
ALLEGATION(S):
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9
Staff left child in a swing for an extended period of time, specifically while sleeping.
INVESTIGATION FINDINGS:
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On 9/22/22 at 1:23 pm Licensing Program Analyst (LPA) Mendez and Licensing Program Manager (LPM) Aviles conducted a subsequent complaint investigation inspection to the facility for the purpose of delivering complaint findings. It was alleged staff left child in a swing for an extended period of time, specifically while sleeping.
The facility director was interviewed on 8/02/22 at 10:25am. LPA Mendez asked facility director if staff are leaving infants to sleep in the swing and if staff were familiar with safe sleep regulations. Facility director stated that if a child is in a swing and as soon as a child falls asleep, they pick them up and place them on the crib and that facility is familiar with safe sleep regulations.

The facility owner was interviewed on 8/03/22 at 2:10pm. LPA Mendez addressed the allegation with facility owner of staff leaving child in a swing for an extended period of time specifically while sleeping.. Facility owner stated that she has spoken with her staff about leaving children to sleep in swings and suggested eliminating the swings in the facility to prevent any children from sleeping in the swings.


Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Megan AvilesTELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Bianca MendezTELEPHONE: (530) 895-4357
LICENSING EVALUATOR SIGNATURE:

DATE: 09/22/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2022
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 7
Control Number 13-CC-20220801094013
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: CREATIVE SCHOLARS ACADEMY INFANT CENTER
FACILITY NUMBER: 045407981
VISIT DATE: 09/22/2022
NARRATIVE
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LPA Mendez interviewed eight staff (S1-S8) on 8/2/22, 8/5/22, 8/8/22 and 8/11/22. LPA Mendez asked staff if children have been left in the swings while they are sleeping. 3 out of 8 staff confirmed witnessing infants asleep in a swing for an extended period of time.

LPA Mendez interviewed eleven parents (P1-P11) on 8/1/22, 8/8/22, 9/8/22 and 9/19/22. LPA Mendez had asked parents if they had witnessed infants sleeping in swings at the facility, six out of eleven parents have witnessed infants sleeping in the swings for an extended period of time.

During today’s visit facility was toured. LPA observed 10 infants in care and observed no infants sleeping in swings.

Based on the evidence obtained, 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 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: Bianca MendezTELEPHONE: (530) 895-4357
LICENSING EVALUATOR SIGNATURE:

DATE: 09/22/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 13-CC-20220801094013
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: CREATIVE SCHOLARS ACADEMY INFANT CENTER
FACILITY NUMBER: 045407981
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/22/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/22/2022
Section Cited
CCR
102425(i)(j)
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i) If an infant falls asleep before being placed in a crib or play yard, the povider shall move the infant to a crib or play yard as soon as possible.
(j) The provider shall supervise infants while they are sleeping and adhere to the following
requirements:
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LPM will provide licensee with safe sleep training links. Licensee will have meeting/training and staff to go gover the safe sleep regulations. Licensee will submit to LPA an agenda for safe sleep training by 9/22/22.
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This requirement was met not as evidenced based on staff and parent interviews. Staff did not ensure infants were provided safe sleep equipmenent by allowing them to sleep in swings.
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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: Megan AvilesTELEPHONE: (530) 895-5984
LICENSING EVALUATOR NAME: Bianca MendezTELEPHONE: (530) 895-4357
LICENSING EVALUATOR SIGNATURE:

DATE: 09/22/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2022
LIC9099 (FAS) - (06/04)
Page: 6 of 7