198021117-1-25-2024-33-CC-ACHO-D2GN7Z-20240215091334

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198021117
Report Date: 01/05/2024
Date Signed: 01/25/2024 11:43:15 AM

Unsubstantiated

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
11/16/2023 and conducted by Evaluator Veronica Martinez-Garza

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20231116120139

FACILITY NAME:	MODERN SCHOOLHOUSE, THE		FACILITY NUMBER:	198021117
ADMINISTRATOR:	ATHWAL, SUKHJIT		FACILITY TYPE:	850
ADDRESS:	5117 EAGLE ROCK BLVD		TELEPHONE:	(323) 474-6220
CITY:	LOS ANGELES	STATE: CA	ZIP CODE:	90041
CAPACITY:	48	CENSUS: 40	DATE:	01/05/2024
		UNANNOUNCED	TIME BEGAN:	08:55 AM
MET WITH:	Owner/Director Sukhjit Athwal		TIME COMPLETED:	10:25 AM

ALLEGATION(S):

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Staff did not ensure that daycare child was properly supervised

INVESTIGATION FINDINGS:

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***This is an amended report to reflect the change of the complaint finding from Substantiated to Unsubstantiated. LPA met with Owner/Director Sukhjit Athwal***

On 01/05/24 at 08:55 a.m., Licensing Program Analyst (LPA) Veronica Martinez Garza conducted an unannounced complaint investigation to the above allegation. Upon arrival LPA met with Lead Teacher Carmen Mendez who guided LPA on a tour of the facility. Per Lead Teacher, Owner/Director is not available due to an appointment with a parent for a walkthrough at the San Gabriel location. This is a preschool program with a toddler program. LPA observed classroom #1: 11 toddlers with 03 staff, classroom #2:10 preschool children with 02 staff, classroom #3: 09 toddlers with 02 staff, and classroom #4: 10 preschool children with 02 staff.

According to the Reporting Party (RP), “Staff did not ensure that daycare child was properly supervised.”
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Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Veronica Martinez-Garza
LICENSING EVALUATOR SIGNATURE:	DATE: 01/25/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/25/2024

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-20231116120139

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: MODERN SCHOOLHOUSE, THE	FACILITY NUMBER: 198021117
	VISIT DATE: 01/05/2024

NARRATIVE

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During the course of the investigation, LPA interviewed Director, Staff 2 (S2 thru S6), and reviewed file of Child 1 (C1). LPA also obtained a copy of the parent handbook, a copy of the children’s roster, captured conversations between staff and RP and video/picture footage submitted by both RP and staff.

Allegation regarding- Staff did not ensure that daycare child was properly supervised which resulted on child ingesting sand. According to interviews with the director, S4, and S6, C1 was not observed ingesting sand on 11/14/23 but had been observed eating sand on other occasions. Per Director, C1 made several daily attempts to be at the sand area, however, staff denies that C1 ate sand every day. Director also stated that observations were made at the beginning of C1s attendance where C1 was seen eating sand, rocks, and hair ties. According to the documentation provided, LPA observed several conversations between the director and parents of C1 discussing observations made that were a cause for concern, however, there was no documented plan set in place to ensure that C1 did not have access sand. Director made multiple attempts for C1s parents to seek assistance for C1. LPA observed that C1 was assigned a speech therapist. Director, S4, and S6 stated that C1 was supervised as C1 would be immediately removed once C1 was observed eating sand and was redirected to another activity. LPA also interviewed S5 who acknowledged that they have seen C1 gravitate to the sand and has seen C1 eat sand at least once. According to interviews, C1 had a propensity to go to the sand box area and observed C1 put sand in their mouth. S5 corroborated that C1 is immediately removed and redirected to another activity when C1 has been observed eating sand. Per S6, every time C1 is removed and redirected, C1 would run back to the sand area. LPA also conducted interviews with S2 and S3, who made no disclosures. S2 stated that the last time S2 was made aware of C1 eating sand was the first month of C1s attendance. Per S2, C1 was not observed eating sand on 11/14/23.

This investigation found that there are conflicting statements regarding C1 trying to consume dirt/sand at home and at the facility. Though parents deny child ever having issues of ingesting non-consumable items/things at home, LPA received copies of conversations between the RP and the Director dated 09/11/23 where the RP acknowledges that C1 had stopped trying to put things in their mouth like dirt and lotion at home in the presence of the RP. According to the RP, C1 consumed an excessive amount of sand while at the facility and became lethargic, vomited, and passed the sand consumed right after dinner. LPA received pictures of C1s stool and regurgitated sand. RP stated that C1 was not taken to the hospital, but an over the phone consultation with C1s pediatrician was done on 11/15/23.
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SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Veronica Martinez-Garza
LICENSING EVALUATOR SIGNATURE:	DATE: 01/25/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/25/2024

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 33-CC-20231116120139

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: MODERN SCHOOLHOUSE, THE	FACILITY NUMBER: 198021117
	VISIT DATE: 01/05/2024

NARRATIVE

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RP opted to not take C1 to the ER, however, ensured that C1 had enough electrolytes. RP stated that an attempt would be made to obtain a doctor’s note confirming the over the phone consultation, however, an after summary report or documentation regarding the consultation was not received. While parent stated that they had a medical evaluation, there is no evidence that the child received emergency lifesaving treatment. RP confirmed that during pick up from the facility on 11/14/23, C1 did not show any signs of illness. Interviews with Director and S2 thru S6, corroborate with RP that on 11/14/23, C1 did not show any signs of illness while at the facility.

LPA received a short video of C1 playing in the play yard. LPA did not observe C1 near the sand area, however, the video was short and did not capture the whole day, LPA could not conclude or confirm if C1 ate sand from the video provided. The director stated that the sand area was not barricaded to make it inaccessible to children since they couldn’t fixate anything around it without having children tossing it down and further deny that there was an overall issue regarding supervision. LPA conducted interviews with Parent 1 (P1 thru 3), who made no disclosures regarding supervision.

LPA spoke with Lead Teacher Carmen Mendez regarding the TSP program, process of TSP, and explained that it is voluntary. LPA provided a TSP brochure.

This agency has investigated the complaint alleging “Staff did not ensure that daycare child was properly supervised.” Interviews conducted found that LPA could not confirm or deny that C1 was not properly supervised. Conflicting statements could not confirm that C1 only consumed dirt/sand while at the child care center. LPA was also unable to obtain a report from a medical professional that concludes dangerous amounts of sand being ingested by C1. Based on the information obtained, the complaint is deemed to be UNSUBSTANTIATED. Meaning that, although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred.

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

Exit interview conducted and report was reviewed with Owner/Director Sukhjit Athwal.
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SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Veronica Martinez-Garza
LICENSING EVALUATOR SIGNATURE:	DATE: 01/25/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/25/2024

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 33-CC-20231116120139

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: MODERN SCHOOLHOUSE, THE	FACILITY NUMBER: 198021117
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/05/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Deficiency Dismissed Type A 01/08/2024 Section Cited CCR 101229(a)(1)	1 2 3 4 5 6 7	101229 Responsibility for Providing Care and Supervision : (a) The licensee shall provide care and supervision as necessary to meet the children's needs. (1) No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation.	1 2 3 4 5 6 7	Per Lead Teacher, Owner/Director placed wood panels where children are allowed to step on it and play, however, children are not able to access the sand. Staff suggested to plant a flower garden on the exposed gaps. LPA observe that though the panels make the sand inacessible there are some gaps that make the sand accessible.
	8 9 10 11 12 13 14	Licensee and staff were aware that C1 had a propensity to go to the sand box area and put sand in their mouth. Staff would remove C1 after consuming sand. Sand box area was not made inacessible and staff did not supervise C1 to prevent any further incidents.	8 9 10 11 12 13 14	LPA also observed that the gate dividing the next door neighbors yard, exposes sand available to children in care. LPA will receive proof of correction by POC due date.
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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: Ana Chico
LICENSING EVALUATOR NAME: Veronica Martinez-Garza
LICENSING EVALUATOR SIGNATURE:	DATE: 01/05/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/05/2024

LIC9099 (FAS) - (06/04)

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