304270907-7-29-2021-06-CC-RLOZ-C6BU4Q-20210828151529

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304270907
Report Date: 07/29/2021
Date Signed: 07/29/2021 12:04:54 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/21/2021 and conducted by Evaluator Mahnaz Malek

COMPLAINT CONTROL NUMBER: 06-CC-20210721114717

FACILITY NAME:	HILLSBOROUGH PRIVATE SCHOOL		FACILITY NUMBER:	304270907
ADMINISTRATOR:	ROWE, AMBER		FACILITY TYPE:	850
ADDRESS:	4757 VALLEY VIEW		TELEPHONE:	(714) 572-5696
CITY:	YORBA LINDA	STATE: CA	ZIP CODE:	92886
CAPACITY:	97	CENSUS: 38	DATE:	07/29/2021
		UNANNOUNCED	TIME BEGAN:	08:45 AM
MET WITH:	Director		TIME COMPLETED:	12:00 PM

ALLEGATION(S):

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Children are not required to wear masks.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted an investigation regarding the above allegation of " Children are not required to wear masks." LPA met with director, Tracy Hernandez. The Covid-19 Emergency Response questionnaire was reviewed and answered by the director before entering the facility. LPA toured the facility with the director. Census was taken. There were a total of 38 preschool children with 6 staff in four different rooms. There were 14 children with 2 staff in Green Room, 9 children with one staff in the Blue Room, 12 children with 2 staff in Red Room, and 5 children with one staff in Yellow room. A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions. Our office has received an anonymous complaint regarding the allegation of " Children are not required to wear masks. According to complaint report, this facility states that they are not requiring it. The report states that it is the understanding of the reporting party that all children over the age of 2 years should be required to wear masks due to the COVID 19 virus.
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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 07/29/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/29/2021

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 06-CC-20210721114717

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: HILLSBOROUGH PRIVATE SCHOOL	FACILITY NUMBER: 304270907
	VISIT DATE: 07/29/2021

NARRATIVE

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Today LPA discussed the allegation with director. The director stated they are not requiring mask on children at the facility. LPA asked the director if she was receiving Provider Information Notices (PINs) and quarterly updates from our Department. She stated she signed up on the Department's website last week. LPA asked the director if it would be all right to interview the staff in the classrooms or in the office. The director suggested that she would cover the classroom for each staff for few minutes so LPA could interview staff privately regarding the complaint allegation. LPA interviewed 6 available staff in the office individually. The staff stated they would not require wearing masks on children. In rare situations, parents send children with masks but children take them off. LPA was able to interview 6 parents at drop off time who stated children are not required to wear masks at the facility. LPA observed no children were wearing masks in the four classrooms. Staff were wearing masks but not children.
LPA informed the director that she would interview some older children regarding masks. She said the older children are outside on the playground. LPA got a chance to interview 12 older children on the playground while playing around 9:40 am. Children stated they don't wear masks at school. Around 10:00 am LPA was informed by the owner of the facility over the phone that children will go on a field trip at 10:30 am. The director informed LPA that a small group of children will go on a field trip for ice cream and she had to go with children per her owner's instruction. The director stated staff, Megan Maple will be in charge and will sign the report. LPA started preparing the reports outside the facility. LPA observed director, one staff and 5 parents and 8 children left the facility for a walking field trip around 10:50 am. They came back at 11:30 am. LPA reviewed the final report with the director.
During inspection, LPA observed children over 2 years old were not wearing masks.
The facility did not make any efforts to encourage the children to wear mask. This requirement was sent to all the childcare providers by different Provider Information Notices (PINs) from the Department. The Orange County Childcare ordinance stated masks were required for children over 2 years old who attend the childcare facilities. LPA found out that the facility had not enforced this requirement among children. It was found out the facility did not inform the parents of this requirement.
The Guidance for Childcare Industry Covid-19 update guidance: Child care Programs and providers July 17, 2020 stated: children aged 2 years and older should wear face coverings, especially when indoors or when 6 foot physical distance from others cannot be maintained.
Guidance for the use of face coverings took effect on June 15, 2021 and superseded all prior face guidance.
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SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 07/29/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/29/2021

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20210721114717

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: HILLSBOROUGH PRIVATE SCHOOL	FACILITY NUMBER: 304270907
	VISIT DATE: 07/29/2021

NARRATIVE

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It stated: The following individuals are exempt from wearing masks at all times: persons younger than 2 years old, persons with medical conditions. On 7/29/21, the facility did not ensure the personal rights of persons in care to safe and healthful accommodations. In this facility children did not wear face coverings while in the facility as required by the CA Dept. of Public Health Guidance on the use of face coverings on children issued June 18,2020 and updated November 16, 2020 and an individual mask exception did not apply.
Statewide Face Covering guidance, CDHP Guidance for Facial Coverings – (Updated June 4th, 2021) Federal Guidance on Face Masks: CDC Facial Covering Guidance:
This guidance supersedes prior COVID-19 guidance in the COVID-19 Update Guidance: Child Care Program and Providers dated July 17, 2020.
Licensees and other child care providers should continue to follow COVID-19 requirements and guidance in all applicable California Department of Social Services (CDSS) and Community Care Licensing (CCL) Provider Information Notices (PIN), in addition to guidance or requirements from California Department of Public Health (CDPH), California Department of Industrial Relations Division of Occupational Safety & Health (Cal/OSHA), and local public health departments, as applicable to the particular facility.
If there are differing requirements between the most current CDPH, CCL, Cal/OSHA, and local health department guidance or health orders, licensees and providers should follow the strictest requirements. Implementation of this guidance should be adapted for the setting in which you provide care and may require training and support for staff and adequate consideration of children and family needs.
Follow the guidance for the childcare industry to minimize the spread of COVID-19.
Based on LPA's interviews which were conducted with a total of 7 staff (including the director), 6 parents at drop off time, 12 qualified preschool children, and LPA's observation today, the preponderance of evidence standard has been met, therefore the allegation of “Children are not required to wear masks” is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter 12, Section 101223(a)(2) is being cited on the attached LIC 9099D.

Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted with director who came back from field trip around 11:30 am.

This report ends here.

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 07/29/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/29/2021

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20210721114717

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: HILLSBOROUGH PRIVATE SCHOOL	FACILITY NUMBER: 304270907
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 07/29/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 08/02/2021 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	Personal Rights- Section 101223(a)(2) The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. Today the facility did not ensure the personal rights of persons in care to safe and healthful accommodations. In this	1 2 3 4 5 6 7	The director stated she would inform all the parents of this requirements. She would send a copy of the letter which will be sent to parents to LPA's email at: Mahnaz.malek@dss.ca.gov
	8 9 10 11 12 13 14	facility children did not wear face coverings while in the facility as required by the CA Dept. of Public Health Guidance on the use of face coverings on children issued June 18,2020 and updated November 16, 2020 and an individual mask exception did not apply. This is a potential risk to the health and safety of children in care.	8 9 10 11 12 13 14
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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.

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 07/29/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/29/2021

LIC9099 (FAS) - (06/04)

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