191802184-1-14-2025-33-CC-ACHO-DCZ3H7-20250116171529

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 191802184
Report Date: 01/14/2025
Date Signed: 01/14/2025 12:22:59 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MONTEREY PARK CC RO, 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
10/21/2024 and conducted by Evaluator Veronica Martinez-Garza

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20241021140700

FACILITY NAME:	WESTMINSTER CHILD CENTER		FACILITY NUMBER:	191802184
ADMINISTRATOR:	KANISHIA LONG		FACILITY TYPE:	850
ADDRESS:	4848 EAGLE ROCK BLVD		TELEPHONE:	(323) 256-8086
CITY:	LOS ANGELES	STATE: CA	ZIP CODE:	90041
CAPACITY:	100	CENSUS: 23	DATE:	01/14/2025
		UNANNOUNCED	TIME BEGAN:	09:10 AM
MET WITH:	Kanishia "Kay" Long		TIME COMPLETED:	10:30 AM

ALLEGATION(S):

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Licensee did not ensure that the facility materials and surfaces accessible to children was free of toxic substances

INVESTIGATION FINDINGS:

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On 01/14/2025 at 09:10 a.m., Licensing Program Analyst (LPA) Veronica Martinez Garza conducted an unannounced complaint investigation to deliver findings to the abve allegation. LPA met with director Kanishia Long, who guided LPA on a tour of the facility. There was a total of 23 children present with 04 staff.

According to the Reporting Party (RP), “Licensee did not ensure that the facility materials and surfaces accessible to children was free of toxic substances.”

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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Veronica Martinez-Garza
LICENSING EVALUATOR SIGNATURE:	DATE: 01/14/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/14/2025

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-20241021140700

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

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

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
	VISIT DATE: 01/14/2025

NARRATIVE

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LPA conducted interviews with staff 1 (S1) thru 7, child 1 (C1) thru 3, and parent 1 (P1) thru 4. LPA also obtained a copy of the facility roster. LPA received copies of the lead and asbestos reports dated 09/10/24, 10/08/24, and 10/24/24. LPA also received a copy of the Procedure-5 Asbestos Abatement Work Plan dated 10/28/24.

Allegation regarding- Licensee did not ensure that the facility materials and surfaces accessible to children was free of toxic substances. According to the RP, on 09/30/24, removal of the roof began and observed debris floating into the air as roofing materials were thrown from the rooftop into an open truck bed, making the parking lot and church compound dusty. RP stated that they didn’t know if the roof materials were tested prior to removal. Per RP, a message sent via the app Lillio stated: "Inside the preschool area had very little dust, but it has been swept, washed down" and "the children are using the side playground to play." RP also disclosed that the sign in sheets had a layer of dust. Picture of the sign in sheet was provided and reviewed by LPA. RP also stated that their child was covered in dust; however, no picture or other form of corroborating evidence was available. On 10/18/24, the RP received a message through the Lillio parent communication app which notified parents that the facility tested positive for lead and asbestos in the building where construction was taking place. According to the RP, the message lacked detailed information of when the facility first conducted the lead and asbestos test, when the results were received, the abatement plan to properly remove the contaminated items, and who the licensed contractor is. Children were moved to another licensed area on campus on 09/27/24 and used the “small” playground for outdoor play.

The following reports were provided to LPA for review:
Lead report dated 09/10/24 states that the second-floor room 5 (floor) tested positive for lead.
Asbestos report dated 09/10/24 states that the second-floor room 1, 2, 4 and 5 floors tested positive for asbestos.
According to the reports mentioned above, the initial testing was done on the second floor of the Eave Building. The report includes recommendations and disposal requirements the facility must follow and should consider “If additional suspect materials are found at the property and will be impacted by demolition, renovation, or reconstruction activities, they must be assumed positive for asbestos or tested prior to disturbance.”

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SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Veronica Martinez-Garza
LICENSING EVALUATOR SIGNATURE:	DATE: 01/14/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/14/2025

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20241021140700

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

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

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
	VISIT DATE: 01/14/2025

NARRATIVE

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Interviews with S6 revealed that the facility began construction on 09/30/24. This was approximately two weeks after the facility had received written documentation as to the positive results and recommendations that followed. Interviews found that a member of the church board was designated as the “contractor.” Per S6, the church board member is not experienced and does not know what procedures should’ve been taken prior to removal of the roof. Also, S6 stated that it was assumed that the roof did not need to be tested prior to removal since the roof was last repaired in 2000. S6 couldn’t confirm where this information was received; however, S6 also disclosed that the church board was under the impression that the roofing company had to conduct proper testing since they obtained a city permit. On 10/04/24 the facility tested the first- floor of the Eave Building which was utilized by children prior to moving to an adjacent building on campus. The report dated 10/08/24 reflects that the first-floor restroom 1 wall, restroom 2 lower wall, and restroom 3 lower wall tested positive for lead. Asbestos report dated 10/08/24 stated that the first-floor rooms 1, 2, and 5 (floors) tested positive for asbestos.

According to S6, parent concerns of observed dust clouds prompted a halt on the construction and additional testing was requested of the roof. Asbestos report dated 10/23/24 reflects that the Eave roof tested positive for asbestos. Vert Environmental was hired for lead and asbestos testing after the removal of the roof had already taken place. Interviews with S6 and S7 revealed conflicting statements since neither staff could provide or confirm any information regarding the construction or lead and asbestos test dates/results.
Interviews with all staff revealed that they observed dust on 09/30/24 in the facility parking lot upon arrival to the facility. Per S6, the roofing company was going to place the dumpster on the Laverna St away from the facility; however, the homeowner where the dumpster would be placed stated they didn’t give permission to place the dumpster on their property. According to S6, the church board and staff were not aware of the dumpster location changed since this occurred before the business hours of the facility. Per S6, parents were notified to bring their children after 9am due to the dust. Staff interviews revealed that children were outdoors while there was dust. Staff and children went indoors after elevating their concern of dust to S7. Staff interviewed denied seeing dust or debris in the preschool classrooms, small playground, or on children. According to S6 and S7, the hallway area where the sign in/out sheets where full of dust; however, the area was cleaned and swept. Interviews conducted with children did not reveal disclosures regarding the dust or debris. Interviews with parents revealed that there are no concerns regarding the construction or the lead and asbestos results.

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SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Veronica Martinez-Garza
LICENSING EVALUATOR SIGNATURE:	DATE: 01/14/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/14/2025

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20241021140700

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

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

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
	VISIT DATE: 01/14/2025

NARRATIVE

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The facility did not contact the department on 09/10/24 regarding positive results for lead and asbestos received prior to construction of the second floor and did not provide copies of these reports. The department was made aware of the asbestos results for the restrooms until 10/21/24; however, results were dated 10/08/24. Parents were notified of the lead and asbestos results from 10/08/24 until 10/18/24 via the Lillio app. Results for the eave of the roof that overhangs the exterior siding were received on 10/24/24.
The facility held a parent meeting on 10/22/24 along with a KB environmental consultant who was present to answer any questions. According to S6, the consultant clarified that it was the licensee’s responsibility to test the roof before removal.

According to S6, the facility went through the proper channels to obtain clearance and proceeded with the removal of lead and asbestos. S6 also stated that the facility followed the recommendations observed on the reports; however, LPA did not receive such reports. During a follow-up interview with S6 on 12/19/24, S6 stated that clearance letters were received and did not know that the LPA needed these letters. On 12/20/24, LPA received (2) limited post asbestos removal visual assessments dated 11/26/24 and 12/19/24 via email.
Upon review of these assessments, LPA observed that report advised that additional asbestos may be present in …” structure/property that was/were outside the scope of this investigation and/or accessible at the time of investigation.” The report concluded that ““Based upon the laboratory analytical results and CA Environmental visual inspection, the asbestos abatement company’s/contractor’s scope of work appears to be complete and the asbestos removal successful…” However, these assessments were only for the eave/roof building.

Facility is currently working with the Southern California Air Quality Management District (AQMD), who could not confirm or deny that there were any exposures; however, the inspector stated that the facility should have conducted an asbestos survey prior to work being done. At this moment, the investigation with AQMD is ongoing. According to S7, the Department of Health was contacted to notify them of the lead and asbestos positive results. Per S7, the Department of Health stated that it was not reportable due to no confirmed cases of exposure.

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SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Veronica Martinez-Garza
LICENSING EVALUATOR SIGNATURE:	DATE: 01/14/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/14/2025

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20241021140700

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

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

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
	VISIT DATE: 01/14/2025

NARRATIVE

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This investigation has found that the facility representative moved forward with plans of construction without ensuring that all precautionary measures were taken to ensure the health and safety of children in care. This finding is based on interviews and environmental report which concluded that, on 09/10/24, asbestos and lead were found on the second floor of the building not being used by children and advised that additional disturbed areas should be considered positive. Though children were moved to an adjacent building on 09/27/24, removal of the roof began on 09/30/2024 which resulted in debris and dust children were exposed to on the playground and general areas near the construction zone. On 10/04/24 asbestos testing was done, and results were confirmed to be positive. The investigation concludes that additional testing should have been done prior and construction plans should have ceased. By doing so, the licensee would have taken measures to limit possible exposure.

Based on interviews and records reviewed, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1, the following deficiencies are being cited (see attached 9099D).

A notice of site visit was given and must remain posted for 30 days.

Exit interview conducted and report was reviewed with director Kanishia “Kay” Long.

Type A citation.

LPA Veronica MartinezGarza informed director Kanishia “Kay” Long that this report dated 01/14/25 document(s) 1 Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA Veronica MartinezGarza informed the director Kanishia “Kay” Long to provide a copy of this licensing report dated 01/14/25 that documents any Type A citation(s) 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.

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SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Veronica Martinez-Garza
LICENSING EVALUATOR SIGNATURE:	DATE: 01/14/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/14/2025

LIC9099 (FAS) - (06/04)

Page: 5 of 6

Control Number 33-CC-20241021140700

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

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

FACILITY NAME: WESTMINSTER CHILD CENTER	FACILITY NUMBER: 191802184
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/14/2025

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Request Denied Type A 01/21/2025 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	101223 Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Per director, a written plan on how the facility will move forward with the construction and proof that all recommendations were followed will be submitted to LPA by POC due date.
	8 9 10 11 12 13 14	Facility began construction of the roof on 09/30/24 though the second floor had tested positive for lead and asbestos on 09/10/24. Facility did not provide proof that the removal of lead and asbestos was done based on the recommendations from Vert environmental which poses an immediate health, safety or personal rights risk to persons in care.	8 9 10 11 12 13 14
	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: Veronica Martinez-Garza
LICENSING EVALUATOR SIGNATURE:	DATE: 01/14/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/14/2025

LIC9099 (FAS) - (06/04)

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