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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 198020452
Report Date: 12/05/2024
Date Signed: 12/05/2024 05:18:26 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 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
10/16/2024 and conducted by Evaluator Lilli Babcock
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20241016133826
FACILITY NAME:MULBERRY TREE PRESCHOOLFACILITY NUMBER:
198020452
ADMINISTRATOR:MICHELLE BENITEZFACILITY TYPE:
840
ADDRESS:13841 CHRISTINE DR.TELEPHONE:
(562) 696-5114
CITY:WHITTIERSTATE: CAZIP CODE:
90605
CAPACITY:12CENSUS: 9DATE:
12/05/2024
UNANNOUNCEDTIME BEGAN:
03:00 PM
MET WITH:Director, Michelle BenitezTIME COMPLETED:
05:30 PM
ALLEGATION(S):
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Staff does not ensure food is properly labeled.
Staff does not ensure food is handled in a sanitary way.
INVESTIGATION FINDINGS:
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On 12/5/24, Licensing Program Analyst (LPA) Lilli Babcock conducted an unannounced follow-up complaint inspection to deliver findings on the above allegations. A COVID risk assessment was conducted. LPA arrived at the facility at 1:45 pm. Director was picking up the school-age children from elementary school.

LPA met with Lead Teacher, Dulce Salinas-Alvaro to whom the reason for the visit was explained. LPA went on a self-guided tour of the facility. LPA observed fifteen (15) children with two (2) staff in the Twigs and Branches classroom, ten (10) napping children with one (1) staff in the Butterfly (middle) classroom, and eleven (11) children with one (1) staff in the Caterpillar classroom. Director, Michelle Benitez, arrived at the facility at 3:00 pm with nine (9) school-age children.

Page 1 of 2
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:

DATE: 12/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024
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-20241016133826
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: MULBERRY TREE PRESCHOOL
FACILITY NUMBER: 198020452
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/05/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
12/05/2024
Section Cited
CCR
101227(a)(1)
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101227 Food Services(a)In child care centers providing meals to children, the following shall apply: (1) All food shall be safe...All food shall be selected, stored, prepared and served in a safe and healthful manner. This requirement was not met as evidenced by:
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Director stated the facility will provide LPA with a facility procedure for managing food in the refrigerator and freezer including ensuring expired and unlabeled food is not kept in the refrigerator or freezer at any time. Director stated she will also have a
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Based on LPA observation, the licensee did not comply with the section cited above as LPA observed expired and unlabeled food in the facility freezer, which poses/posed a potential health, safety or personal rights risk to persons in care.
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meeting with staff to go over the procedure and staff will sign that they have attended the training and understand the procedure.
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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: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:

DATE: 12/05/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 33-CC-20241016133826
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: MULBERRY TREE PRESCHOOL
FACILITY NUMBER: 198020452
VISIT DATE: 12/05/2024
NARRATIVE
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During this investigation LPA Babcock conducted interviews with eight (8) staff including the facility director, seven (7) school-age children, and three (3) daycare parents. LPA Babcock also obtained several documents related to complaint allegations, including but not limited to, a copy of the Facility Roster (LIC 9040), Personnel Report (LIC 500), and a Fire and Disaster Drill Log for 2023 and 2024.

Allegation: Staff does not ensure food is handled in a sanitary way.

According to the allegation, food in the facility refrigerator is rotten at times, and food is not handled in a sanitary way. During the facility complaint inspection by LPA on 10/22/24, at 2:52 pm, LPA Babcock observed the following expired food in the facility freezer: a bag of frozen berries with an expiration date of 9/10/22, a bag of edamame with an expiration date of 9/13/20, two cardboard boxes of frozen strawberry Squishers, with “Butterfly” written in marker on the boxes, with an expiration date of 10/16/24, as well as frozen “Pepperoni Pizza Singles” with an expiration date of 5/31/24. Director stated some of the expired food was for the pets and at 3:14 pm, LPA observed Director had put a sign on the outside of the freezer door which read “Animal Freezer Only”.

Allegation: Staff does not ensure food is properly labeled.

According to the allegation, food is not labeled properly in the refrigerator/freezer. During the facility complaint inspection by LPA on 10/22/24, at 2:56 pm, LPA Babcock observed in the facility freezer a frozen unlabeled substance in disposable cups. LPA also observed at 2:57 pm in the freezer a bowl of unknown food that was not labeled and covered in saran wrap.

Based on LPA observations, 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), is 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.
Exit interview conducted and report was reviewed with Director, Michelle Benitez.
Page 2 of 2
SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:

DATE: 12/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 6
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 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
10/16/2024 and conducted by Evaluator Lilli Babcock
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20241016133826

FACILITY NAME:MULBERRY TREE PRESCHOOLFACILITY NUMBER:
198020452
ADMINISTRATOR:MICHELLE BENITEZFACILITY TYPE:
840
ADDRESS:13841 CHRISTINE DR.TELEPHONE:
(562) 696-5114
CITY:WHITTIERSTATE: CAZIP CODE:
90605
CAPACITY:12CENSUS: DATE:
12/05/2024
UNANNOUNCEDTIME BEGAN:
03:00 PM
MET WITH:TIME COMPLETED:
05:30 PM
ALLEGATION(S):
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Staff does not ensure facility is free of hazards.
Staff does not ensure cleaning products are out of reach of day care children.
Staff are not keeping kitchen free from insects.
Staff are not ensuring safety drills are being performed.
INVESTIGATION FINDINGS:
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On 12/5/24, Licensing Program Analyst (LPA) Lilli Babcock conducted an unannounced follow-up complaint inspection to deliver findings on the above allegations. A COVID risk assessment was conducted. LPA arrived at the facility at 1:45 pm. Director was picking up the school-age children from elementary school. LPA met with Lead Teacher, Dulce Salinas-Alvaro to whom the reason for the visit was explained. LPA went on a self-guided tour of the facility. LPA observed fifteen (15) children with two (2) staff in the Twigs and Branches classroom, ten (10) napping children with one (1) staff in the Butterfly (middle) classroom, and eleven (11) children with one (1) staff in the Caterpillar classroom. Director, Michelle Benitez, arrived at the facility at 3:00 pm with nine (9) school-age children.

During this investigation LPA Babcock conducted interviews with eight (8) staff including the facility director, seven (7) school-age children, and three (3) daycare parents. LPA Babcock also obtained
Page 1 of 3

Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:

DATE: 12/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 33-CC-20241016133826
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: MULBERRY TREE PRESCHOOL
FACILITY NUMBER: 198020452
VISIT DATE: 12/05/2024
NARRATIVE
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several documents related to complaint allegations, including but not limited to, a copy of the Facility Roster (LIC 9040), Personnel Report (LIC 500), and a Fire and Disaster Drill Log for 2023 and 2024.

Allegation: Staff does not ensure facility is free of hazards.

According to the allegation, the front garden is constantly covered in animal feces, exposed wood is falling apart creating sharp edges, the garden contains exposed nails, and sometimes broken glass. LPA inspected the front garden during complaint investigation visits on 10/22/24, 10/24/24, 10/28/24, 12/5/24 and did not observe any animal feces or broken glass but did observe four exposed nails as well as wood with sharp points. During interviews conducted by LPA, all staff stated the animal feces is from the pig and tortoise that live in the front garden. All staff stated the children have not gone to the front garden since the pig and tortoise arrived a few months prior. Director stated the front garden is being renovated and “Since we were using wood and stuff, they were asked not to use the garden until it was finished”. The complaint also alleges there are cracks in the floor of the facility. During complaint investigation visits by LPA, LPA observed some cracks in the asphalt of the Butterfly outdoor area, but the cracks did not appear to be a hazard at this time. The complaint alleges the fire extinguisher in the facility is expired. LPA Babcock observed during the complaint investigation visit on 10/22/24 that the fire extinguisher in the kitchen area had a service date of 1/9/24 as indicated on the service tag. Per regulations, the fire extinguisher is within the one-year service or replacement timeframe. The complaint alleges the kitchen has a lack of safety locks and sharp objects are inside of cabinets and drawers that are accessible to children in care. The kitchen is an off-limits area to children in care.



Allegation: Staff does not ensure cleaning products are out of reach of day care children.

According to the allegation, cleaning products have been observed to be accessible to children in care. All staff interviewed stated they have never observed cleaning products left out and within the reach of children. LPA inspected the facility during complaint investigation visits on 10/22/24, 10/24/24, 10/28/24, 12/5/24 and did not observe any cleaning products accessible to children in care. Cleaning products were observed by LPA to be located in the staff restroom with a child-proof doorknob.



Page 2 of 3
SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:

DATE: 12/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 33-CC-20241016133826
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: MULBERRY TREE PRESCHOOL
FACILITY NUMBER: 198020452
VISIT DATE: 12/05/2024
NARRATIVE
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Allegation: Staff are not keeping kitchen free from insects.

According to the allegation, cockroaches have been observed in the facility kitchen. All staff interviewed stated they have never observed any cockroaches at the facility. LPA inspected the facility during complaint investigation visits on 10/22/24, 10/24/24, 10/28/24, 12/5/24 and did not observe any evidence of cockroaches at the facility.

Allegation: Staff are not ensuring safety drills are being performed.

According to the allegation, safety drills do not take place in a timely manner, are not documented, and the last earthquake drill was documented on 10/19/23. Director, Michelle Benitez provided LPA with a fire and disaster drill log. The log for 2024 states Fire Drills were conducted on 1/12/24, 5/14/24, and 9/18/24 and earthquake drills were conducted on 2/29/24 and 10/17/24. During interviews conducted, staff made conflicting statements regarding the regularity of fire and disaster drills.



Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated.

There were no deficiencies cited on the above-mentioned allegation per California Code of Regulations Title 22.

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.
Exit interview conducted and report was reviewed with Director, Michelle Benitez.

Page 3 of 3
SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:

DATE: 12/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 6