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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 334812642
Report Date: 05/28/2024
Date Signed: 05/28/2024 04:07:37 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE CC RO, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/21/2024 and conducted by Evaluator Elyse Jones
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20240521161605
FACILITY NAME:MAGNOLIA PRESCHOOL & KINDERGARTENFACILITY NUMBER:
334812642
ADMINISTRATOR:RUTH GUTIERREZFACILITY TYPE:
830
ADDRESS:13130 MAGNOLIA AVENUETELEPHONE:
(951) 272-0977
CITY:CORONASTATE: CAZIP CODE:
92879
CAPACITY:20CENSUS: 14DATE:
05/28/2024
UNANNOUNCEDTIME BEGAN:
08:36 AM
MET WITH:Alicia Flores, Area CoordinatorTIME COMPLETED:
04:20 PM
ALLEGATION(S):
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Facility operating out of ratio
Facility utilizing inappropriate napping equipment
Unsafe infant feeding practices
Facility does not have a Director
INVESTIGATION FINDINGS:
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On May 28, 2024 Licensing Program Analyst (LPA) Elyse Jones arrived at the facility to initiate and conclude the investigation regarding the above allegations. During the investigation, LPA toured the facility and took census. Records were collected and interviews were conducted.

On May 21, 2024, a complaint was received alleging the facility is operating out of ratio, utilizing inappropriate napping equipment, using unsafe feeding practices, and the facility does not have a Director. It was noted that while at the facility the infant room was observed to have one teacher with five infants. It was also noted there was one infant sleeping in a Boppy and one infant who had a bottle propped up due to him/her not being able to hold it on their own bottle. It was also reported that the facility has not had a Director for weeks. Upon arrival at the facility LPA observed one fully qualified teacher with four Aides supervising 14 children.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Elyse Jones
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
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 7
Control Number 09-CC-20240521161605
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE CC RO, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: MAGNOLIA PRESCHOOL & KINDERGARTEN
FACILITY NUMBER: 334812642
VISIT DATE: 05/28/2024
NARRATIVE
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During interviews it was disclosed the Staff have been out of ratio on more than one occasion from one to 30 minutes. It was reported that when the facility is out of ratio it is during transition time for school pickups and staff breaks.

LPA did observe an infant in a swing and two infants in a Boppy, all infants were awake. However, during interviews it was disclosed that when infants fall asleep in the Boppy or swing, they are left there for about five minutes until they get into a “deep sleep” before they are transitioned into their crib. LPA also observed staff feeding children and giving bottles, however, during interviews it was disclosed that infant bottles are being propped up with various soft items in the classroom so other tasks can be completed.

Lastly, it was disclosed that the facility has not had a Director for more than 30 days. There are two staff covering the duties of the Director, however, after file review and due to the Director being away from the facility for a consecutive 30 days the staff are no longer qualify to act as substitute Directors. The Area Coordinator has place an advertisement and is currently canvassing to fill the vacancy.

Based on LPAs observations, interviews conducted and staff's own admission. It was confirmed that the facility was out of compliance. Therefore, the preponderance of evidence standard has been met, the above allegations are found to be SUBSTANTIATED. California Code of Regulations, (Title 22, divisions & chapter number are being cited on the attached LIC 9099D.)

LPA informed Director, that this report dated 5-28-2024 documents three Type A citations. Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the safety of children in care. Also, LPA informed the Director, to provide an Acknowledgement of Receipt of Licensing Report (LIC 9224), that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed LIC 9224 must be placed in the child's file for verification.

A notice of site visit was given and must remain posted on, or immediately adjacent to, the interior side of the main door 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 Alicia Flores, Are Coordinator.
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Elyse Jones
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 7
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE CC RO, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/21/2024 and conducted by Evaluator Elyse Jones
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20240521161605

FACILITY NAME:MAGNOLIA PRESCHOOL & KINDERGARTENFACILITY NUMBER:
334812642
ADMINISTRATOR:RUTH GUTIERREZFACILITY TYPE:
830
ADDRESS:13130 MAGNOLIA AVENUETELEPHONE:
(951) 272-0977
CITY:CORONASTATE: CAZIP CODE:
92879
CAPACITY:20CENSUS: 14DATE:
05/28/2024
UNANNOUNCEDTIME BEGAN:
08:36 AM
MET WITH:Alicia Flores, Area CoordinatorTIME COMPLETED:
04:20 PM
ALLEGATION(S):
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Facility unable to meet child's needs
INVESTIGATION FINDINGS:
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On May 28, 2024 Licensing Program Analyst (LPA) Elyse Jones arrived at the facility to initiate and conclude the investigation regarding the above allegation. During the investigation, LPA toured the facility and took census. Records were collected and interviews were conducted.

On May 21, 2024, a complaint was received alleging the facility is unable to meet the child’s needs. It was noted while at the facility an infant was observed to be crying the “entire time”. During interviews it was disclosed that babies do cry, however, all of babies are fed, changed, and played with on a regular basis. Staff stated they have a lot of babies who are teething right now and although the babies are comforted they do cry when staff put them down while other tasks are being completed such as changing a diaper, putting bottles away to go home, getting a child ready for pickup. Staff stated there has never been a time when a baby is left crying for an extended amount of time and all babies needs are being met.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Elyse Jones
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 09-CC-20240521161605
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE CC RO, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: MAGNOLIA PRESCHOOL & KINDERGARTEN
FACILITY NUMBER: 334812642
VISIT DATE: 05/28/2024
NARRATIVE
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This agency has investigated the complaint regarding the above allegation. Based on the interviews conducted the Department is unable to determine the amount of time the infant was crying and the allegations are UNSUBSTANTIATED. A finding of unsubstantiated means, although the allegations may have happened, or are valid, there is not a preponderance of the evidence to prove the allegations occurred.
No deficiencies cited during this inspection.

A notice of site visit was given and must remain posted on, or immediately adjacent to, the interior side of the main door 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 Alicia Flores, Area Coordinator.
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Elyse Jones
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 7
Control Number 09-CC-20240521161605
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE CC RO, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: MAGNOLIA PRESCHOOL & KINDERGARTEN
FACILITY NUMBER: 334812642
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/28/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/29/2024
Section Cited
CCR
101416.5(a)(1)(A)
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 (a)... notwithstanding Sections 101216.3, (a), (b), (d) and (f), the following shall apply:(1) An aide may be substituted for a teacher when all of the following conditions are met: (A) There is a fully qualified teacher directly
supervising no more than 12 infants. This requirement was not met as evidenced by:
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ratio on more than one occasion.
Area Coordinator understands one full qualified teacher cannot supervisor more than 12 infants even with an aide present. Area Coordinator will forward report to Licensee. Licensee must submit a statement of understanding and a plan to ensure the
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Based on the observation and interview, the Licensee did not meet the above regulation which poses an immediate safety risk to the children in care. During facility tour LPA observed 14 infants with one teacher and three aides. During interviews it was disclosed that staff have been out of >>>>
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facility will remian in compliance. The statement is due on or by close of business 5/29/24.
Type A
05/29/2024
Section Cited
CCR
101427(h)
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101427 Infant Care Food Service
(h) Infants who are unable to hold a bottle shall be held by a staff person or other adult for bottle feeding. At no time shall a bottle be propped for an infant... This requirement was not met as evidenced by:
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Area Coordinator understands at no time shall a bottle be propped for an infant. Area Coordinator will forward report to Licensee. Licensee must submit a statement of understanding and a plan that will keep the facility in compliance. The statement is due on or by close of business 5/29/24.
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Based on the interview, the Licensee did not meet the above regulation which poses an immediate risk to the safety risk to the children in care. During interviews it was disclosed that on several occasions babies bottles are propped up while other tasks are being completed.
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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: Aaron Ross
LICENSING EVALUATOR NAME: Elyse Jones
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 09-CC-20240521161605
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE CC RO, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: MAGNOLIA PRESCHOOL & KINDERGARTEN
FACILITY NUMBER: 334812642
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/28/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/29/2024
Section Cited
CCR
101430(a)(3)(E)
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(a) Notwithstanding Section 101230, the following shall apply: (3) All infants shall be given the opportunity to sleep without distraction or disturbance from other activities at the center whenever the infant desires.
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it was disclosed babies are left sleeping in the Boppy pillows for at least five minutes until the child falls into a deep sleep.
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 (E) If an infant falls asleep before being placed in a crib, staff shall move the infant to a crib as soon as possible. This requirement was not met as evidenced by: Based on the interviews, the Licensee did not meet the above regulation which an immediate safety risk to the children in care. During interviews
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Area Coordinator understands babies shall be placed in their crib. Area Coordinator will forward report to Licensee. Licensee must submit a statement of understanding and a plan that will keep the facility in compliance. The statement is due on or by close of business 5/29/24.
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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: Aaron Ross
LICENSING EVALUATOR NAME: Elyse Jones
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 09-CC-20240521161605
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE CC RO, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: MAGNOLIA PRESCHOOL & KINDERGARTEN
FACILITY NUMBER: 334812642
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/28/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
06/14/2024
Section Cited
CCR
101415(d)(3)
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(d) When the director of an infant care center or the director of a combination center is temporarily away from the center, the director has the authority to delegate his/her responsibilities as specified below: (3) If the absence is for more than 30 consecutive calendar days, the substitute director shall
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Director. S1 and S2 have been covering the roles, however, due to the Director being away from the facility for more than 30 days S1 and S2 no longer qualify.
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 meet the qualifications of a director. This requirement was not as evidenced by: Based on the interview and record review, the Licensee did not meet the above regulation which poses a potential safety risk to the children in care. During interviews it was disclosed that the facility does not have a
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Area Coordinator understands a facility must have a full time Director on site. Area Coordinator will forward report to Licensee. Licensee must submit a statement of understanding and a plan that will keep the facility in compliance. The statement is due on or by close of business 6/15/2024.
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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: Aaron Ross
LICENSING EVALUATOR NAME: Elyse Jones
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
LIC9099 (FAS) - (06/04)
Page: 7 of 7