283009825-3-30-2023-01-CC-AHON-CQMQYS-20230406123535

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 283009825
Report Date: 03/30/2023
Date Signed: 03/30/2023 07:05:40 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, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

This is an official report of an unannounced visit/investigation of a complaint received in our office on
01/12/2023 and conducted by Evaluator Yang Yang

PUBLIC

COMPLAINT CONTROL NUMBER: 01-CC-20230112080517

FACILITY NAME:	NAPA VALLEY COLLEGE CHILD & FAMILY P/S BY NCOE		FACILITY NUMBER:	283009825
ADMINISTRATOR:	DE LA CRUZ, MAYRA		FACILITY TYPE:	850
ADDRESS:	2277 NAPA VALLEJO HWY BLD 3000		TELEPHONE:	(707) 256-7040
CITY:	NAPA	STATE: CA	ZIP CODE:	94558
CAPACITY:	68	CENSUS: 17	DATE:	03/30/2023
		UNANNOUNCED	TIME BEGAN:	12:22 PM
MET WITH:	Mayra De La Cruz		TIME COMPLETED:	01:08 PM

ALLEGATION(S):

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Staff yelled at daycare child

INVESTIGATION FINDINGS:

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An unannounced follow-up complaint investigation visit to the facility was made today by Licensing Program Analysts (LPA), Y. Yang and M. Mohr to deliver complaint investigation findings. Previously, an investigation visit was made to the facility by LPA E. Hernandez Torres on 01/19/23 and on 02/07/23 and 02/14/23 by LPA Yang. It has been alleged that a staff member yelled at a daycare child. Specifically, it was alleged that on a specific date, staff S2 yelled at child C1 after the child accidently bumped into her while riding a tricycle on the play yard.
The LPA met with the facility’s Center Director, Mayra De La Cruz today to discuss the investigation findings. During the LPA’s visit on 02/07/23, the LPA interviewed Center Director De La Cruz (staff S1) regarding the allegation. The Center Director stated that she was not aware of the incident described in the allegation and only learned about it during the LPA’s complaint investigation visit on 02/07/23. The Center Director stated that since learning about this incident, she has provided S2 with additional support in the classroom. The Center Director stated that it was brought to her attention by another staff member (S5) that S2 was feeling stressed working in the preschool classroom. The Center Director stated that she has had regular “check ins” with S2 to discuss any concerns and provide guidance to S2. (Continued on LIC9099-C)

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Yang Yang
LICENSING EVALUATOR SIGNATURE:	DATE: 03/30/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/30/2023

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 01-CC-20230112080517

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: NAPA VALLEY COLLEGE CHILD & FAMILY P/S BY NCOE	FACILITY NUMBER: 283009825
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 03/30/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 03/31/2023 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	Personal rights. The licensee shall ensure that each child is accorded the following personal rights: To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	This deficiency was cleared during today's follow-up visit. The Center Director conducted an all staff training on 02/15/23 to cover the topics of personal rights, behavior management and communication, and mental health and wellness resources available for staff. The Center Director provided the LPA with a sign in sheet of staff members that attended, table of contents, and a print out of the topics covered during this training.
	8 9 10 11 12 13 14	Based on corroborating information from staff members interviewed and staff S2's own admission on 02/14/23, S2 violated C1's personal rights by speaking to C1 inappropriately and yelling at the child . This poses a potential health and safety risk for the children in care.	8 9 10 11 12 13 14
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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.

SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Yang Yang
LICENSING EVALUATOR SIGNATURE:	DATE: 03/30/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/30/2023

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20230112080517

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: NAPA VALLEY COLLEGE CHILD & FAMILY P/S BY NCOE	FACILITY NUMBER: 283009825
	VISIT DATE: 03/30/2023

NARRATIVE

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The Center Director stated that the center also restructured S2’s classroom to make it more easily manageable for S2. The Center Director stated that she also increased her monitoring of S2 while in the classroom and provided direction when needed.

The Center Director stated that she has not heard any staff members yelling at a child. The Center Director stated that the center does not permit any staff member to yell at children or violate a child’s personal rights. The Center Director stated that staff are permitted to speak to children in a firm tone of voice, however.

In a 02/14/23 interview with staff S2, S2 acknowledged that the incident mentioned in the complaint allegation was true and did occur. S2 stated that she raised her voice at C1, which caused C1 to cry and become upset. S2 admitted that her reaction was inappropriate for the situation. S2 stated that she told C1 to get off the tricycle because she believed that C1 was intentionally bumping into people. S2 stated that she then picked up C1’s tricycle and moved it away from C1. S2 stated that she then went to speak with C1 and reassure the child that they were not in trouble. S2 stated that the child eventually stopped crying and resumed riding their tricycle. S2 stated that she never picked up the child or moved the child. S2 stated that she does not believe this incident was not brought to the Center Director’s attention. S2 stated that there were other teachers (S3 and S4) on the play yard that may have observed the incident. The LPA interviewed S3 and S4 during the investigation. Both staff members stated that they observed the incident and did not believe that S2’s reaction was appropriate.

Based on available information, the information obtained from staff members, and staff S2’s own admission, the preponderance of evidence standard has been met; therefore, the allegation is found to be substantiated. California Code of Regulations, Title 22, is being cited on the attached LIC 9099-D. An exit interview was conducted, and this report was read and discussed with the facility’s Center Director, Mayra De La Cruz. Appeal rights were provided. The Notice of Site Visit shall be posted for 30 days.

SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Yang Yang
LICENSING EVALUATOR SIGNATURE:	DATE: 03/30/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/30/2023

LIC9099 (FAS) - (06/04)

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