191593520-12-15-2023-33-CC-ACHO-CYYVPX-20231229153729

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 191593520
Report Date: 12/13/2023
Date Signed: 12/15/2023 08:37:28 AM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/17/2023 and conducted by Evaluator Monique Jessica Ayala

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20231117092536

FACILITY NAME:	OPTIONS HEAD START - NEW TEMPLE		FACILITY NUMBER:	191593520
ADMINISTRATOR:	ARACELI MIRANDA		FACILITY TYPE:	850
ADDRESS:	11033 E. CENTRAL AVENUE		TELEPHONE:	(626) 442-7576
CITY:	SOUTH EL MONTE	STATE: CA	ZIP CODE:	91733
CAPACITY:	44	CENSUS: 0	DATE:	12/13/2023
		UNANNOUNCED	TIME BEGAN:	02:00 PM
MET WITH:	Stacey Greener, Senior Education Manager		TIME COMPLETED:	03:39 PM

ALLEGATION(S):

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Personal Rights- Staff used a calming sticker on the child without child’s authorized representative's consent therefore violating childs personal rights.

INVESTIGATION FINDINGS:

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**This an Amended report to the origianl report that was provided on 12/13/2023**
On December 13, 2023, Licensing Program Analysts (LPAs) Monique Ayala and Kruz Long and Licensing Program Manager (LPM) Ana Chico conducted a subsequent complaint investigation. A COVID-19 risk assessment was assessed prior to entering the facility. LPAs and LPM met with Stacey Greener, Senior Education Manager and Ruby Sevilla Director of Early Learning. LPAs did not observe any children present at the facility.

Reporting Party (RP) alleged: Staff used a calming sticker on the child without child’s authorized representative's consent therefore violating child’s personal rights. RP stated that a calming sticker was found on Child #1’s (C1’s) clothing. Per RP, the sticker had a strong/weird odor. LPAs interviewed Staff #1 (S1) thru Staff #7 (S7). Interviews conducted found corroborating statements that on 11/15/2023 one or more staff handed out Zen Patch calming stickers for children. According to staff interviewed, scratch and sniff stickers were given to children to reinforce good behavior. However, on this day, as S3 was getting ready to pass out the usual stickers, S7 interjected and informed S3 that they would be handing out a new box of stickers.

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Monique Jessica Ayala
LICENSING EVALUATOR SIGNATURE:	DATE: 12/15/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/15/2023

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 33-CC-20231117092536

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: OPTIONS HEAD START - NEW TEMPLE	FACILITY NUMBER: 191593520
	VISIT DATE: 12/13/2023

NARRATIVE

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Per S3, S7 provided a sheet of stickers. According to S7 stickers were brought for staff use. S3 acknowledged that the animal face stickers smelled like lavender but denied knowing that the stickers handed were used to calm or alter children’s mood or behavior. LPAs interviewed S6 who denied passing out stickers but witnessed S7 call children over to give them stickers. S6 stated that children were given stickers on that day only and that stickers were placed on children’s shirts. All staff interviewed also stated that the stickers were passed out on 11/15/23, adding that it was reported that some of the children removed the stickers off themselves due to the smell the stickers had. According to S1 she arrived after, S7 had left for the day and was initially unaware that Zen Patch stickers were handed out. S1 stated that at some point during the afternoon, S6 received a text from S7 directing staff to remove the stickers off the children due to a parent concern. S1, S3, S5 and S6 all stated that S7 brought the calming stickers into the facility. S2 and S4 only heard of the incident after the fact. LPAs interviewed children and showed them an image of the stickers. Children interviewed disclosed that they had seen the sticker and confirmed that stickers were placed on them by S3 and S7. LPAs also interviewed Parents #1 (P1) thru Parent #7 (P7).

All parents interviewed disclosed that they had never observed the calming stickers on their child prior to the complaint allegation. Even though there were some statements that children were observed to exhibit changes in behavior prior to 11/15/23. LPAs were unable to obtain evidence or corroborating statements that Zen Patch stickers were given on more than one occasion. Per P1 to P7 the facility did not obtain parental consent to administer the calming stickers to children in care. While some parents stated that they had their child medically evaluated, there is no evidence that any child received emergency lifesaving treatment.

Based on interviews conducted, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Monique Jessica Ayala
LICENSING EVALUATOR SIGNATURE:	DATE: 12/13/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/13/2023

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20231117092536

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: OPTIONS HEAD START - NEW TEMPLE	FACILITY NUMBER: 191593520
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/13/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 12/20/2023 Section Cited CCR 101223(a)(8)	1 2 3 4 5 6 7	Personal Rights: The licensee shall ensure that each child is accorded the following personal rights: To receive or reject medical care, or health-related services, except for minors for whom a guardian, conservator or other legal authority	1 2 3 4 5 6 7	The facility staff has been trained on administering medication, S7 was terminated, disciplinary memos were sent to additional staff involved, a health memo was sent to all staff and there was a mandatory health and safety training for all early learning staff. In additon a supervisor risk mangement training
	8 9 10 11 12 13 14	has been appointed. This requirement was not be as evidence by: Based on interviews conducted S3 and S7 handed out Zen Calming sticker to children in care without parental/guardian consent. This poses an immediate health and safety risk to children in care.	8 9 10 11 12 13 14	took place on 12/12/2023. Attendance sheets will be provided to LPAs confirming attendace for involved staff members by POC date (12/20/2023).
	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.

SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Monique Jessica Ayala
LICENSING EVALUATOR SIGNATURE:	DATE: 12/13/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/13/2023

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20231117092536

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: OPTIONS HEAD START - NEW TEMPLE	FACILITY NUMBER: 191593520
	VISIT DATE: 12/13/2023

NARRATIVE

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The facility is being cited a Type A deficiency in accordance with California Code of Regulations, Title 22, Division 12, Chapter 1, Article 01, Section 101223(a)(8) Definitions is being cited on the attached LIC 9099D. A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled children for the next 12 months (1 year). Acknowledgement of Receipt (LIC 9224 form) must be maintained in each child’s file immediately upon receipt from parent.

An exit interview was conducted and a copy of this report was provided to Stacey Greener along with Appeal Rights. A Notice of Site Visit was provided, Notice of Site Visit must be posted for 30 days.

SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Monique Jessica Ayala
LICENSING EVALUATOR SIGNATURE:	DATE: 12/13/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/13/2023

LIC9099 (FAS) - (06/04)

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