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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 336300003
Report Date: 02/14/2022
Date Signed: 02/14/2022 12:42:05 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, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/08/2022 and conducted by Evaluator Nasha King
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20220208163611
FACILITY NAME:FIRST SCHOOL-PALM DESERTFACILITY NUMBER:
336300003
ADMINISTRATOR:THERESA BRODYFACILITY TYPE:
850
ADDRESS:73-247 HOVELY LANE WESTTELEPHONE:
(760) 568-1889
CITY:PALM DESERTSTATE: CAZIP CODE:
92260
CAPACITY:74CENSUS: 39DATE:
02/14/2022
UNANNOUNCEDTIME BEGAN:
09:35 AM
MET WITH:Theresa Brody, DirectorTIME COMPLETED:
12:45 PM
ALLEGATION(S):
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Personal Rights- Facility does not follow COVID-19 protocol.
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs) Nasha King and Sumayya Habeebulla arrived at the facility to conduct an inspection for the purpose of initiating a complaint investigation regarding the above-referenced allegation. LPAs were greeted by Candida Aleman-Lenk, Assistant Director, and LPAs conducted COVID-19 screening questions upon entering the facility with Ms. Aleman-Lenk. During this visit, LPAs toured the facility, took census, and conducted interviews with staff pertinent to the investigation.

It is alleged that the facility does not follow COVID-19 protocol. Ms. Aleman-Lenk conducted the facility tour with LPAs, and it was observed that in Room #1, there were seven students and one staff member. Of the seven children in the classroom, none of the children were wearing a mask. Room #2 was closed and did not have any staff or children. Room #3 was a two-year-old classroom that had ten children and two staff members, of which only the staff was wearing a mask. In Room #4, there were nine children and one staff member, in which only the staff member was wearing a mask.
See LIC 9099C for a continuation of this report.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Carlos Martinez
LICENSING EVALUATOR NAME: Nasha King
LICENSING EVALUATOR SIGNATURE:

DATE: 02/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/14/2022
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 10-CC-20220208163611
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501
FACILITY NAME: FIRST SCHOOL-PALM DESERT
FACILITY NUMBER: 336300003
VISIT DATE: 02/14/2022
NARRATIVE
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In Room #5, there were five children and one staff member, in which only the staff member was wearing a mask. There were ten children outside playing and two staff members supervising the children. The staff members were wearing a mask. After the facility tour concluded, LPAs began conducting interviews with staff, and at approximately 10:35 AM, LPAs met with the Director, Theresa Brody.

Based on LPAs observations and confidential interviews conducted on 02/14/2022, the Licensee did not ensure the personal rights of persons in care, to safe and healthful accommodations, in that the children in care, were observed not wearing face coverings or not encouraged to wear face coverings, as required by the CA Department of Public Health Guidance on the Use of Face Coverings issued on July 28, 2021, and an individual mask exception did not apply.

The preponderance of evidence standard has been met, therefore the above allegation facility does not follow COVID-19 protocol is found to be SUBSTANTIATED. This poses a potential risk to the health and safety of the children in care.

See LIC 9099D for deficiencies cited.

An exit interview was conducted, and appeal rights were discussed. A copy of this report was discussed and provided to the Director, Theresa Brody on this date.

A NOTICE OF SITE VISIT WAS ISSUED AND LPAs VERIFIED THAT IT WAS POSTED IN A PROMINENT LOCATION AT THE FACILITY BEFORE LEAVING. THE LICENSEE UNDERSTANDS THAT IT MUST REMAIN POSTED FOR THE NEXT 30 DAYS.
SUPERVISORS NAME: Carlos Martinez
LICENSING EVALUATOR NAME: Nasha King
LICENSING EVALUATOR SIGNATURE:

DATE: 02/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/14/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 10-CC-20220208163611
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501

FACILITY NAME: FIRST SCHOOL-PALM DESERT
FACILITY NUMBER: 336300003
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/14/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
02/28/2022
Section Cited
CCR
101223(a)(2)
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Personal Rights - (a) The licensee shall ensure that each child is accorded the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidenced by
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Ms. Brody (Director) agrees to stay in compliance with requirements set forth by the California Department of Public Health and provide a letter to staff and parents, parents currently enrolled and future enrollees, that informs them of the facility’s approach to masking of staff and children in accordance with CDPH.
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Based on interviews and observations conducted on 02/14/22, LPAs observed a total of 29 children who were indoors and was not wearing a mask inside the classrooms.
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The Director will retrain staff on Personal Rights and will provide to the Department the training sign-in sheet, along with a copy of the training agenda and training contents. This information is to be provided to LPA King via email on or before the POC due date of 02/28/2022.
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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: Carlos Martinez
LICENSING EVALUATOR NAME: Nasha King
LICENSING EVALUATOR SIGNATURE:

DATE: 02/14/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/14/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 3