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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 293622663
Report Date: 02/14/2024
Date Signed: 02/14/2024 12:00:12 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827
This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/08/2024 and conducted by Evaluator Matthew Gallo
COMPLAINT CONTROL NUMBER: 03-CC-20240208161044
FACILITY NAME:IRON AND PINE PRESCHOOLFACILITY NUMBER:
293622663
ADMINISTRATOR:DIVINE, JESSICAFACILITY TYPE:
850
ADDRESS:215 WASHINGTON STTELEPHONE:
(530) 955-5214
CITY:NEVADA CITYSTATE: CAZIP CODE:
95959
CAPACITY:24CENSUS: 10DATE:
02/14/2024
UNANNOUNCEDTIME BEGAN:
09:20 AM
MET WITH:Jessica DivineTIME COMPLETED:
12:10 PM
ALLEGATION(S):
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Facility is operating out of ratio
Unqualified staff member on the premises
INVESTIGATION FINDINGS:
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At 9:20am on 2/14/2024, Licensing Program Analysts (LPAs) Matthew Gallo and Lea Habtom arrived at the facility for the purpose of opening and closing a complaint regarding the above allegations. Upon arrival, LPAs observed a census of 7 preschool children supervised by 2 aides. An additional 3 children arrived during LPAs' visit, followed by director Jessica Divine at 9:45am.

Throughout the investigation, LPA conducted observation, record review, and interviews related to the following allegations:

(1) It was alleged that the facility is operating out of ratio. Upon their arrival at 9:20am, LPAs observed a total of 2 staff members at the facility providing care for 7 children. Through interviews with the 2 staff members, LPA learned that they were aides without the necessary qualifications to be teachers counted in ratio, and this fact was confirmed through record review. Until director Jessica Divine's arrival at 9:45am, there were no qualified teachers present at the facility to satisfy teacher-child ratio requirements. The preponderance of evidence standard has been met. Therefore, this allegation is SUBSTANTIATED.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Keven Peters
LICENSING EVALUATOR NAME: Matthew Gallo
LICENSING EVALUATOR SIGNATURE:

DATE: 02/14/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/14/2024
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 3
Control Number 03-CC-20240208161044
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827
FACILITY NAME: IRON AND PINE PRESCHOOL
FACILITY NUMBER: 293622663
VISIT DATE: 02/14/2024
NARRATIVE
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(2) It was alleged that unqualified staff members are on the premises. Upon arrival at 9:20am, LPA observed a total of 2 staff members at the facility providing supervision to 7 children. Through interviews with the 2 staff members, LPA learned that neither had completed the necessary units in early childhood education to qualify as teachers, and this fact was confirmed during record review. As such, these staff members were not qualified to provide supervision to children without the presence of a qualified teacher. The preponderance of evidence standard has been met. Therefore, this allegation is SUBSTANTIATED.

Title 22 deficiencies are cited on the subsequent pages of this report.

Licensee acknowledges, that FOR TYPE A DEFICIENCIES ONLY upon receipt, licensee shall post LIC 9099D with Type A deficiencies for 30 days and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. LIC 9224 must be signed by parents/guardians and kept with the children's forms as a receipt whenever any Type A documents are provided by the licensee. LIC 9224 and Appeal Rights were provided.

One of following citations includes a Type A citation for not adhering to 101216.1(b)(1) of Title 22 regulations, which establishes educational qualification requirements for teachers in child care centers. A review of facility compliance history revealed that a previous deficiency for the same regulation was cited on 7/13/2023. Due to that date falling within the previous 12 months of today's deficiency, a civil penalty of $250 will be assessed for a repeat violation, accruing $100 per day until the deficiency is corrected.



Exit interview conducted and report was reviewed with director Jessica Divine. A notice of site visit was given and must remain posted for 30 days.
SUPERVISORS NAME: Keven Peters
LICENSING EVALUATOR NAME: Matthew Gallo
LICENSING EVALUATOR SIGNATURE:

DATE: 02/14/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/14/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 03-CC-20240208161044
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827

FACILITY NAME: IRON AND PINE PRESCHOOL
FACILITY NUMBER: 293622663
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/14/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
02/15/2024
Section Cited
CCR
101216.3(a)
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(a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below.

This requirement was not met as evidenced by:
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Director states that they will adjust staff schedules to ensure a qualified teacher is always present to satisfy ratio requirements, and will provide schedule to LPA. LPA will conduct return visit to ensure compliance.
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Based on interview and record review, LPA determined that from 9:20am to 9:45am, 10 children were left under the supervision by 2 aides, neither of whom had ECE units, and who were therefore unqualified to count as teachers in ratio. This poses an immediate health, safety, or personal rights risk to persons in care.
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Type A
02/15/2024
Section Cited
CCR
101216.1(b)(1)
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(1) A teacher shall have completed...at least six postsecondary semester or equivalent quarter units of the education requirement specified in (c)(1) below...

This requirement was not as evidenced by:
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Director states that they will adjust staff schedules to ensure that aides are not in positions where they are required to act as teacher, and will provide schedule to LPA. LPA will conduct return visit to ensure compliance.
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Based on interview and record review, LPA determined that 10 children were left under the supervision by 2 staff members that had not completed the necessary ECE units to qualify as teachers, and consequently were not qualified to be left alone with children. This poses an immediate health, safety, or personal rights risk to persons in care.
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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: Keven Peters
LICENSING EVALUATOR NAME: Matthew Gallo
LICENSING EVALUATOR SIGNATURE:

DATE: 02/14/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/14/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 3