198008923-9-1-2023-33-CC-ACHO-CVTQ28-20230919114644

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198008923
Report Date: 09/01/2023
Date Signed: 09/01/2023 05:13:12 PM

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
08/17/2023 and conducted by Evaluator Carolyn Tuba

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20230817162931

FACILITY NAME:	KIDDIE ACADEMY CHILD CARE LEARNING CENTER		FACILITY NUMBER:	198008923
ADMINISTRATOR:	CARMEN MILLNER		FACILITY TYPE:	850
ADDRESS:	663 E. FOOTHILL BLVD.		TELEPHONE:	(909) 621-5112
CITY:	CLAREMONT	STATE: CA	ZIP CODE:	91711
CAPACITY:	118	CENSUS: 70	DATE:	09/01/2023
		UNANNOUNCED	TIME BEGAN:	01:55 PM
MET WITH:	Carmen Millner		TIME COMPLETED:	05:00 PM

ALLEGATION(S):

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Staff restrain daycare child

INVESTIGATION FINDINGS:

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On 09/01/2023, Licensing Program Analyst (LPA) Carolyn Tuba conducted an unannounced complaint inspection to deliver findings of the above allegation. A Covid risk assessment was conducted when entering the facility. LPA met with Director, Carmen Millner, and took a census of 70 children present with 10 staff.
Complainant alleged that Staff restrain daycare child. LPA interviewed the Director, Staff #1 (S1) #2 (S2). LPA was unable to interview Staff #3 (S3) and Reporting Party. LPA was unable to interview Child #1 (C1) due to being too young. Director disclosed that the toddler chair has straps and LPA took photos of said chair. Director stated that the Toddler chair has been used to sit C1 and is strapped in due to hitting other children, that C1 is small in size and lose their balance. Director also stated that C1 has been placed on their own away from other children during activities or lunch time. S1 disclosed that while tending to other children, such as diaper changing and if they are alone in the class without other staff, the Toddler chair with straps has been used to sit C1, due to misbehaviors such as hitting other children.

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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Ana Chico	TELEPHONE: (323) 981-3374
LICENSING EVALUATOR NAME: Carolyn Tuba	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 09/01/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2023

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-20230817162931

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: KIDDIE ACADEMY CHILD CARE LEARNING CENTER	FACILITY NUMBER: 198008923
	VISIT DATE: 09/01/2023

NARRATIVE

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Director, S1 and S2 disclosed that C1 is very active in the classroom. While the toddler chair is age-appropriate (18 months to 3 years), it is meant for purposes of eating, activities and not meant to restrain children when they are displaying misbehavior's. LPA made their own personal observations and saw C1 sitting in a regular child size chair, and demonstrated to have the ability to sit without losing their balance.
On 09/01/2023, LPA Carolyn Tuba clarified California Code Title 22 section 101223.2(a), which states that, any form of discipline or punishment that violates a child's personal rights as specified in Section 101223 shall not be permitted regardless of authorized representative consent or authorization. Based on interviews conducted and records reviewed, and personal observances the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated.

The following deficiency listed on the attached LIC 809 (deficiency page) are being cited in accordance with California Code of Regulations Title 22. Deficiency that are being cited need to be cleared to protect the children’s health & safety.
One (1) Type A - 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). The Acknowledgement form must be maintained in each child’s file immediately upon receipt from parent. Director was provided with a copy of the parent Acknowledgement of Receipt of Licensing Reports Form during this visit.
LPA provided Director with a copy of information on Personal Rights of Children in Child Care and the following website:https://ccld.childcarevideos.org/child-care-center-operators/childrens-personal-rights-in-child-care/
which is found on the Child Care Licensing Department’s website for a Training for Children's Personal Rights in Child Care.

A notice of site visit was given to Director and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days.

Exit interview conducted and report was reviewed with the Director, Carmen Millner

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SUPERVISOR'S NAME: Ana Chico	TELEPHONE: (323) 981-3374
LICENSING EVALUATOR NAME: Carolyn Tuba	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 09/01/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2023

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20230817162931

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: KIDDIE ACADEMY CHILD CARE LEARNING CENTER	FACILITY NUMBER: 198008923
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/01/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 09/08/2023 Section Cited CCR 101223.2(a)	1 2 3 4 5 6 7	Any form of discipline or punishment that violates a child's personal rights as specified in Section 101223 shall not be permitted regardless of authorized representative consent or authorization. This requirement is not met as evidenced by: based on interviews with Director and staff that	1 2 3 4 5 6 7	Director and LPA agree to have all staff watch a training video that discusses Children's Personal Rights for Child Care that is on the Care Care Licensing website and have them sign off that they completed the training. Director will remove the Toddler chair from the classroom immediately.
	8 9 10 11 12 13 14	Toddler chiar with straps was being used with C1 to restrain them from misbehaving and hitting other children, which goes against Personal Rights of children. This poses an immediate Health and Safety risk to children in care.	8 9 10 11 12 13 14	Director will discuss with staff how appropriate forms of discipline with children in their next staff meeting. Director will provide via email the signed forms.
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	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.

SUPERVISOR'S NAME: Ana Chico	TELEPHONE: (323) 981-3374
LICENSING EVALUATOR NAME: Carolyn Tuba	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 09/01/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2023

LIC9099 (FAS) - (06/04)

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