343608219-3-11-2024-53-CC-KGUA-D2J2GN-20240216162326

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 343608219
Report Date: 02/15/2024
Date Signed: 03/11/2024 10:24:28 AM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. 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
11/20/2023 and conducted by Evaluator Katy Velazquez

PUBLIC

COMPLAINT CONTROL NUMBER: 53-CC-20231120125419

FACILITY NAME:	MERRYHILL SCHOOL - HARBOUR POINT		FACILITY NUMBER:	343608219
ADMINISTRATOR:	STEPHANIE GILL		FACILITY TYPE:	850
ADDRESS:	9561 HARBOUR POINT DRIVE		TELEPHONE:	(916) 683-3244
CITY:	ELK GROVE	STATE: CA	ZIP CODE:	95758
CAPACITY:	120	CENSUS: 97	DATE:	02/15/2024
		UNANNOUNCED	TIME BEGAN:	01:30 PM
MET WITH:	Amanda Tamanaha		TIME COMPLETED:	04:30 PM

ALLEGATION(S):

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Staff rough with day care children
Staff did not use appropriate forms of discipline

INVESTIGATION FINDINGS:

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This is an amended version of the original report created on 02/15/2024.
On 02/15/2024, Licensing Program Analyst Katy Velazquez (LPA) conducted an unannounced complaint investigation to deliver the findings for the above allegations. LPA met with Assistant Director Amanda Tamanaha (D1). Throughout the course of the investigation, LPA conducted physical plant inspections, on-site observations, and interviews. LPA reviewed and collected documentation pertaining to the allegations.

It was alleged that a staff member, T1, was rough with day-care children. Interviews and records revealed that on 08/09/2023, T1 dug her nails into a day-care child’s arms which resulted in marks and redness. Based on interviews and file reviews conducted, the preponderance of evidence standard has been met, therefore, the above allegation is found to be SUBSTANTIATED. A Type-A deficiency was cited on a subsequent 9099-D page.

CONTINUED ON 9099-C

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Karyn Guerra	TELEPHONE: (916) 216-7790
LICENSING EVALUATOR NAME: Katy Velazquez	TELEPHONE: 916-926-9100
LICENSING EVALUATOR SIGNATURE:	DATE: 02/15/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/15/2024

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 53-CC-20231120125419

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827

FACILITY NAME: MERRYHILL SCHOOL - HARBOUR POINT	FACILITY NUMBER: 343608219
	VISIT DATE: 02/15/2024

NARRATIVE

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It was alleged that staff did not use appropriate forms of discipline. Interviews reveal that children were left unsupervised in a preschool bathroom for “time-outs” by a staff member, T2. Additionally, interviews revealed that children have been grabbed, pushed, pinched, and yelled at as forms of discipline. Based on interviews conducted, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. A Type-A deficiency was cited on a subsequent 9099-D page.

D1 acknowledges, that FOR TYPE A DEFICIENCIES ONLY upon receipt, licensee shall post LIC 9099-D with Type A deficiencies for 30 days and provide copies of this licensing report to parents/guardians of children enrolled 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. An exit interview was conducted, and the report was reviewed with Assistant Director Tamanaha. LPA provided Licensee Appeal Rights to D1. A Notice of Site visit was posted by LPA 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.

SUPERVISOR'S NAME: Karyn Guerra	TELEPHONE: (916) 216-7790
LICENSING EVALUATOR NAME: Katy Velazquez	TELEPHONE: 916-926-9100
LICENSING EVALUATOR SIGNATURE:	DATE: 02/15/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/15/2024

LIC9099 (FAS) - (06/04)

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Control Number 53-CC-20231120125419

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827

FACILITY NAME: MERRYHILL SCHOOL - HARBOUR POINT	FACILITY NUMBER: 343608219
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/15/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 02/16/2024 Section Cited CCR 101223	1 2 3 4 5 6 7	Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights: (1) To be accorded dignity in his/her personal relationships with staff and other persons…(3) To be free from corporal or unusual punishment, infliction of pain, humiliation,	1 2 3 4 5 6 7	All staff members will receive training on children's Personal Rights which will include the CCLD Video “Children’s Personal Rights in Child Care.” D1 will email the signed staff attendance to LPA by 7 pm on 02/16/2024.
	8 9 10 11 12 13 14	intimidation, ridicule, coercion, threat, mental abuse or other actions... This requirement was not met as evidenced by T1 digging her nails into a day-care child on 08/09/2023. Thisposes/posed an immediate Health, Safety, or Personal Rights risk to person(s) in care.	8 9 10 11 12 13 14
Type A 02/16/2024 Section Cited CCR 101223.2	1 2 3 4 5 6 7	Discipline (a) Any form of discipline or punishment that violates a child's personal rights as specified in Section 101223 shall not be permitted regardless of authorized representative consent or authorization.	1 2 3 4 5 6 7	All staff members will receive training on appropriate Discipline which will include a review of Merryhill's Prohibited Actions: Student Guidance and Discipline. D1 will email the signed staff attendance to LPA by 7 pm on 02/16/2024.
	8 9 10 11 12 13 14	This requirement was not met as evidenced by T2 and staff members using inappropriate forms of discipline such as pinching, grabbing, pushing, and time-outs in the bathroom. This poses/posed an immediate Health, Safety, or Personal Rights risk to person(s) in care.	8 9 10 11 12 13 14

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: Karyn Guerra	TELEPHONE: (916) 216-7790
LICENSING EVALUATOR NAME: Katy Velazquez	TELEPHONE: 916-926-9100
LICENSING EVALUATOR SIGNATURE:	DATE: 02/15/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/15/2024

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 53-CC-20231120125419

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827

FACILITY NAME: MERRYHILL SCHOOL - HARBOUR POINT	FACILITY NUMBER: 343608219
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/15/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Deficiency Dismissed Type B 02/22/2024 Section Cited CCR 101161	1 2 3 4 5 6 7	Limitations on Capacity (a) A licensee shall not operate a childcare center beyond the conditions and limitations specified on the license, including the capacity limitation.	1 2 3 4 5 6 7	Director Gill will email a signed statment to LPA aknowledging that she will not co-mingle school age nor infants with preschool aged children or in preschool classrooms.
	8 9 10 11 12 13 14	This requirement was not met as evidenced by school age children being enrolled into the facility under the preschool license and co-mingled into preschool classroom(s). This poses/posed an immediate Health, Safety, or Personal Rights risk to person(s) in care.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	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.

SUPERVISOR'S NAME: Karyn Guerra	TELEPHONE: (916) 216-7790
LICENSING EVALUATOR NAME: Katy Velazquez	TELEPHONE: 916-926-9100
LICENSING EVALUATOR SIGNATURE:	DATE: 02/15/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/15/2024

LIC9099 (FAS) - (06/04)

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