<meta name="robots" content="noindex">
Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 198019281
Report Date: 02/10/2025
Date Signed: 02/10/2025 03:08:56 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
11/14/2024 and conducted by Evaluator Saul Valenzuela
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20241114150221
FACILITY NAME:HAPPY BIRCH PRESCHOOL- TAMARINDFACILITY NUMBER:
198019281
ADMINISTRATOR:SOLEDAD GUEVARAFACILITY TYPE:
850
ADDRESS:1429 TAMARIND AVETELEPHONE:
(323) 380-7311
CITY:LOS ANGELESSTATE: CAZIP CODE:
90028
CAPACITY:46CENSUS: 25DATE:
02/10/2025
UNANNOUNCEDTIME BEGAN:
09:15 AM
MET WITH:Mali Rand, Facility RepresentativeTIME COMPLETED:
02:00 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Facility staff are not providing safe napping environment for children in care
Facility staff roughly handling children in care
Facilty staff yell at children in care
Facility staff are taking children to another facility's licensed areas
Director yells at staff in front of children
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
Licensing Program Analyst (LPA) Saul Valenzuela conducted an unannounced subsequent complaint inspection to deliver findings on the above allegations. LPA met with facility representative, Mali Rand to whom the reason for the visit was explained. Mali Rand guided LPA on a tour of the facility. LPA observed 25 children, and 8 staff present at the facility during this inspection.

During this investigation LPA conducted interviews with Reporting Party (RP), six (6) Staff, and three (3) Parents. LPA also obtained documents related to complaint allegation, including but not limited to, a copy of the Children’s Roster (LIC 9040), Personnel Report (LIC 500), Declaration Statements (LIC 855), and Photographs.


----------------------------------------------------------- P.g. 1 out of 4 ------------------------------------------------------------------
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Saul Valenzuela
LICENSING EVALUATOR SIGNATURE:

DATE: 02/10/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2025
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 6
Control Number 33-CC-20241114150221
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: HAPPY BIRCH PRESCHOOL- TAMARIND
FACILITY NUMBER: 198019281
VISIT DATE: 02/10/2025
NARRATIVE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
According to the allegations, Staff are not providing safe napping environment for children in care.

During Staff interviews, Staff #2 (S2), Staff #3 (S3), Staff #4 (S4), and Staff #6 (S6) disclosed that during nap time sleeping mats are used as “barriers/dividers” to prevent children from “disturbing” other children. According to staff that the practice of using of sleeping mats as barriers / dividers have been used prior to their employment. Staff #3 disclosed that they have witnessed children trip over the sleeping mats when leaving their nap area, and have had bowel movement accidents during nap time. .

On 11/21/2024 at 2:23 p.m., LPA Valenzuela conducted a tour of the facility during nap time and observed two children that were surrounded by sleeping mats. LPA requested Mali Rand to remove the sleeping mats that are surrounding the children as they are a tripping hazard for children in the classroom. LPA obtained photographs of sleeping mats being used as dividers/barriers.

According to the allegations, Staff roughly handling children in care.

During Staff interviews, S3 disclosed that they have observed Staff #7 hold the children “physically” and isolate them from other children. Per Staff #3 they have witnessed Staff #7 force Child #1 (C1) without any bottoms on a chair in front of the class while C1 is crying due to child having toileting accidents. S3 provided photograph evidence of child sitting on chair without any bottoms to LPA. Staff #4 disclosed that they have observed Staff #6 (S6) grab C1 abruptly by the right arm due to the child not “listening” to S6. Staff #4 corroborated that S6 would “would move them (children) aggressively to another area”. S4 stated that they have witnessed a child being put in a restroom by S6 while the child was crying. According to S4, facility representative, Mali Rand, was made aware of the incidents regarding S6 and S7.

On 11/14/2024, an Unusual Incident was self-reported to the department that staff disclosed that same staff were involved in the incidents. Facility was cited for a Type A deficiency for Personal Rights violation on 11/14/2024.


------------------------------------------------------------ P.g. 2 out of 4 --------------------------------------------------------------
SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Saul Valenzuela
LICENSING EVALUATOR SIGNATURE:

DATE: 02/10/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 33-CC-20241114150221
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: HAPPY BIRCH PRESCHOOL- TAMARIND
FACILITY NUMBER: 198019281
VISIT DATE: 02/10/2025
NARRATIVE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
According to the allegations, Staff yell at children in care.

During Staff interviews, S2, S3, and S4 disclosed that they have observed S6 and S7 yell at children. According to S2, they stated that “it feels like that their role is to discipline”, and that “if it does not go their way, then they start yelling that they are not listening to them”. Staff disclosed that they have not received an employee handbook outlining the procedures for discipline within the school. S4 disclosed that there would "be a lot of yelling" from staff. S3 stated that S7 would be yelling and screaming at children during nap time causing the children to cry.

While conducting staff interviews, LPA overheard S6 raised their voice on multiple occasion on 11/21/2024 towards children while they were playing outdoors.

According to the allegations, Staff are taking children to another facility's licensed areas.

During interviews, S3 and S4 confirmed that there have been multiple occasions that children were taken next door to their other licensed facility, Happy Birch Preschool #198020251. S3 stated the children were taken to Mali’s office located in Happy Birch Preschool. S4 corroborated that S6 brought children Mali Rand office when a child is being loud and not listening to the staff. LPA observed Staff #8 on 12/18/2024 at 1:41 p.m., guiding three children from Happy Birch Preschool - Tamarind to Happy Birch Preschool via a gate located in the playground area. Per S8, that they needed to grab an item from the staff lounge and did not want to leave the children unattended. Per Mali and S8, that this is the first time this has happened and that it will not happen again.

According to the allegations, Director yells at staff in front of children.

During Staff interviews, S2 disclosed that staff and Mali Rand “yell at each other” and S2 heard Mali Rand “used a bad word” while children were present. S3 and S4 corroborated that Mali and another staff would yell at each other in front of the children. According to S4, on 11/21/2024, Mali and S6 “were saying things that were not appropriate at the time”, and that S4 was with children next door overhearing the conversation. S4 stated that they have been yelled at by S6 and Mali in front of the children. Per S6 that S7 "had a habit about yelling and fighting with people" in front of children.
--------------------------------------------------------------P.g. 3 out of 4 ----------------------------------------------------------------
SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Saul Valenzuela
LICENSING EVALUATOR SIGNATURE:

DATE: 02/10/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 33-CC-20241114150221
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: HAPPY BIRCH PRESCHOOL- TAMARIND
FACILITY NUMBER: 198019281
VISIT DATE: 02/10/2025
NARRATIVE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Based on interviews conducted by the LPA and the staffs’ own statements, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 & chapter 1), are being cited on the attached LIC 9099D.

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

Failure to comply with posting requirements shall result in an immediate civil penalty of
$100.

An exit interview conducted, and the report was reviewed with Facility Representative, Mali Rand.

--------------------------------------------------------------P.g. 4 out of 4 --------------------------------------------------------------
SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Saul Valenzuela
LICENSING EVALUATOR SIGNATURE:

DATE: 02/10/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2025
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 33-CC-20241114150221
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: HAPPY BIRCH PRESCHOOL- TAMARIND
FACILITY NUMBER: 198019281
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/10/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
03/10/2025
Section Cited
CCR
101223(a)(1)
1
2
3
4
5
6
7
101223 Personal RIghts
(a) The licensee shall ensure that each child is accorded the following personal rights:(1) To be accorded dignity in his/her personal relationships with staff and other persons. This requirement was not met was evidence by:
1
2
3
4
5
6
7
Per Owner, they will review children personal rights video. In staff meetings we will discuss the appropriate material, and to discuss personal matters after school and when children are gone home. I will update the employee handbook and give teachers training who needed additional training.
8
9
10
11
12
13
14
Based on observation and interview, facility did not sure that children were accorded dignity, as staff would yell at children . This is a potential risk to the health, safety, and personal rights of children in care.
8
9
10
11
12
13
14
Type B
03/10/2025
Section Cited
CCR
101161(a)
1
2
3
4
5
6
7
101161 Limitations on Capacity
(a) A licensee shall not operate a child care center beyond the conditions and limitations specified on the license, including the capacity limitation.
This requirement was not met was evidence by:
1
2
3
4
5
6
7
Per Owner, they will remind staff not to bring children from one licensed facility to the other facility. Per S8 that they will submit a waiver to allow children from Happy Birch - Tamarind to Mali's office located next door for isolation purposes when a child is sick.
8
9
10
11
12
13
14
Based on observation and interview, staff would bring children from one licensed facility to the other licensed facility. This is a potential risk to the health, safety, and personal rights of children in care.
8
9
10
11
12
13
14
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: Brandi VanOosten
LICENSING EVALUATOR NAME: Saul Valenzuela
LICENSING EVALUATOR SIGNATURE:

DATE: 02/10/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 33-CC-20241114150221
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: HAPPY BIRCH PRESCHOOL- TAMARIND
FACILITY NUMBER: 198019281
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/10/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
03/31/2025
Section Cited
CCR
101238(a)
1
2
3
4
5
6
7
101238 Buildings and Grounds
(c) All outdoor and indoor passageways, stairways, inclines, ramps, open porches and other areas of potential hazard shall be kept free of obstruction. This requirement was not met was evidence by:
1
2
3
4
5
6
7
Per Licensee, will create a napping map for teachers and children to have a clearance to safely exit. Licensee will ensure not to use the mats that can cause undue injury to staff and children. Licensee will send a copy of the napping map via email.
8
9
10
11
12
13
14
Based on observation and interviews, facility did not sure that napping areas were kept free of obstruction while children are napping; This is a potential risk to the health, safety, and personal rights of children 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: Brandi VanOosten
LICENSING EVALUATOR NAME: Saul Valenzuela
LICENSING EVALUATOR SIGNATURE:

DATE: 02/10/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2025
LIC9099 (FAS) - (06/04)
Page: 6 of 6