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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 054500737
Report Date: 08/15/2023
Date Signed: 08/15/2023 05:04:07 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/10/2023 and conducted by Evaluator Tobias Lake
PUBLIC
COMPLAINT CONTROL NUMBER: 53-CC-20230810145220
FACILITY NAME:SARAH KELLY'S CHILD CARE & LEARNING CENTERFACILITY NUMBER:
054500737
ADMINISTRATOR:SAMANTHA ARTIAGAFACILITY TYPE:
830
ADDRESS:4423 SIX MILE ROADTELEPHONE:
(209) 263-2295
CITY:ANGELS CAMPSTATE: CAZIP CODE:
95222
CAPACITY:20CENSUS: 16DATE:
08/15/2023
UNANNOUNCEDTIME BEGAN:
10:30 AM
MET WITH:Owner, Sarah KellyTIME COMPLETED:
05:20 PM
ALLEGATION(S):
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Staff are operating out of ratio.
Staff do no provide an appropriate place for infants to sleep.
Staff do not ensure milk is properly stored.
INVESTIGATION FINDINGS:
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On 08/15/2023 at 10:30 AM, LPA Tobias Lake arrived at the facility for the purpose of opening a complaint investigation and to deliver findings based on observations made during the visit. LPA was greeted by the Director, Samantha Artiaga, in the front playground. LPA informed the Director of the purpose of the visit. LPA observed the Director and 16 children on the playground. LPA was allowed into the facility to tour the classrooms. The facility has an infant room, a toddler room, two preschool classrooms, and a school age classroom. LPA entered the infant room and saw two staff and nine infants which is over the required maximum ratio of one teacher to four infants. LPA also observed an infant sleeping in a baby swing. LPA asked the teacher if they were aware that they had an infant sleeping in the swing and teacher stated that the infant had just fallen asleep prior to LPA entering the room and they were going to move the infant after they finished feeding the other infants.

CONTINUED ON LIC9099C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Karyn Guerra
LICENSING EVALUATOR NAME: Tobias Lake
LICENSING EVALUATOR SIGNATURE:

DATE: 08/15/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2023
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 4
Control Number 53-CC-20230810145220
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827
FACILITY NAME: SARAH KELLY'S CHILD CARE & LEARNING CENTER
FACILITY NUMBER: 054500737
VISIT DATE: 08/15/2023
NARRATIVE
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LPA observed one unoccupied crib in the infant room. LPA asked where do other infants sleep and the teacher stated that they put infants on mats on the ground and that they are not currently using the multiple cribs in the office due to supervision requirements. Around this time the Licensee, Sarah Kelly, joined LPA Lake during the remainder of the site visit. LPA discussed with Licensee the requirement that infants have to be put in cribs for napping unless they can climb out of a crib.
LPA observed multiple half full bottles on the counter behind the sink and saw that they did not have names or dates labeled on them. The teacher in the room stated that they were used bottles that have yet to be emptied. LPA asked how they normally store milk and the teacher stated they prepare each bottle as needed. LPA asked Licensee to see where milk brought by parents is stored, Licensee showed a freezer with multiple bags of milk that had names and dates on them, but not prepared as required by Title 22 Regulations. LPA also toured the toddler room and observed one teacher with seven toddlers which is also over the maximum ratio.
Throughout the course of the investigation, LPA conducted interviews, record review, and made observations. It was alleged that the facility is operating out of ratio. Based on observations made by LPA during the visit, the preponderance of evidence standard has been met, therefore the allegation is found to be SUBSTANTIATED.
It was alleged that the facility does not provide an appropriate place for infants to sleep. Based on observations made by LPA during the visit, the preponderance of evidence standard has been met, therefore the allegation is found to be SUBSTANTIATED.
It was alleged that the facility does not ensure milk is properly stored. Based on observations made by LPA during the visit, the preponderance of evidence standard has been met, therefore the allegation is found to be SUBSTANTIATED.
Title 22 regulations are being cited on the attached 9099-D page. An exit interview was conducted with Licensee, Sarah Kelly, and Appeal Rights were provided. A Notice of Site Visit was posted by LPA and this shall be posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
LPA Lake informed the Facility Representative they must provide a copy of this licensing report dated 08/15/23 that documents any Type A citations to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.
SUPERVISORS NAME: Karyn Guerra
LICENSING EVALUATOR NAME: Tobias Lake
LICENSING EVALUATOR SIGNATURE:

DATE: 08/15/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 4
Control Number 53-CC-20230810145220
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827

FACILITY NAME: SARAH KELLY'S CHILD CARE & LEARNING CENTER
FACILITY NUMBER: 054500737
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/15/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/30/2023
Section Cited
CCR
101416.5(b)
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101416.5(b) Staff-Infant Ratio
(b) There shall be a ratio of one teacher for every four infants in attendance.


This requirement was not met as evidenced by:
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Licensee has two new staff starting on 08/23/23 which will help with the staffing issue. Licensee will have all staff including the new ones conduct trainings using CDSS materials on supervision for Child Care Centers and provide LPA a signed attendance sheet by 08/30/23.
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Based on LPA observations at the facility, it was determined that the facility was operating out of the required ratio by having one teacher with nine infants which poses an immediate Health, Safety, or Personal Rights risk to persons in care.
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Type A
08/30/2023
Section Cited
CCR
101439.1(b)
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101439.1(b) Infant Care Center Sleeping Equipment
(b) A crib or portable-crib... shall be provided for each infant who is unable to climb out of a crib.
This requirement was not met as evidenced by:
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Licensee states this occured due to staffing/supervision issues preventing usage of the cribs and when new staff start on 08/23/23, the cribs will be used for infant napping. Licensee will have infant care staff do trainings on safe sleep and provide proof of attendance to LPA by 08/30/23
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Based on LPA observations at the facility and interview with Licensee, it was determined that the facility is using mats, not cribs, for infants as required which poses an immediate Health, Safety, or Personal Rights risk to persons in care.
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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.
SUPERVISORS NAME: Karyn Guerra
LICENSING EVALUATOR NAME: Tobias Lake
LICENSING EVALUATOR SIGNATURE:

DATE: 08/15/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 53-CC-20230810145220
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827

FACILITY NAME: SARAH KELLY'S CHILD CARE & LEARNING CENTER
FACILITY NUMBER: 054500737
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/15/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/30/2023
Section Cited
CCR
101427(e)(1)
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101427(e)(1) Infant Care Food Service
(e) The infant's authorized representative may provide formula or breast/mother's milk.
(1) Such formula or milk shall be bottled before being accepted by the center.
This requirement was not met as evidenced by:
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Licensee will communicate the requirement to have milk bottled prior to coming to the facility with the parents. Licensee will send parental signed forms acknowledging bottling requirements to LPA by 08/30/23.
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Based on LPA observations at the facility and interview with Licensee, it was determined that the facility is not storing milk in accordance with regulations by using bags instead of bottles which poses a potential Health, Safety, or Personal Rights risk to persons in care.
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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.
SUPERVISORS NAME: Karyn Guerra
LICENSING EVALUATOR NAME: Tobias Lake
LICENSING EVALUATOR SIGNATURE:

DATE: 08/15/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 4