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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 343623896
Report Date: 04/03/2025
Date Signed: 04/03/2025 01:33:14 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
02/03/2025 and conducted by Evaluator Dao Vang
COMPLAINT CONTROL NUMBER: 03-CC-20250203100903
FACILITY NAME:DISCOVERY TREE SCHOOL - CAPITAL CITYFACILITY NUMBER:
343623896
ADMINISTRATOR:ABIGAIL NEWBERRYFACILITY TYPE:
850
ADDRESS:744 P STREETTELEPHONE:
(916) 965-3661
CITY:SACRAMENTOSTATE: CAZIP CODE:
95814
CAPACITY:58CENSUS: 31DATE:
04/03/2025
UNANNOUNCEDTIME BEGAN:
11:00 AM
MET WITH:Abigail NewberryTIME COMPLETED:
02:00 PM
ALLEGATION(S):
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Staff communicate in a rude or belittling manner to children in care.
Staff handle day care children in a rough manner.
INVESTIGATION FINDINGS:
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On 4/3/2025 at 11:15 AM, License Program Analyst (LPA) Pa Dao Vang conducted a complaint investigation inspection made to the regional office on 2/3/2025. LPA met with the Director Abigail Newberry regarding the above allegations of staff communicating in a rude or belittling manner to children in care and handling day care children in a rough manner. LPA obverred 31 children in care supervised by 4 staff.

On 2/4/2025, 3/11/2025, 3/27/2025, and 4/3/2025, LPA conducted interviews, made observations, and gathered documentations. During these days, LPA also observed staff changing children’s diapers, waking children up from nap, directing activities, serving snacks, and transitioning children to outdoor activities. In a staff’s interview, LPA asked what they meant by the teacher getting frustrated with the children. S3 responded, “Well, if a child doesn’t listen 3 to 4 times…said, “I told you to sit down!” This tone gets loud then louder. You can hear…in a different room.” S3 also explained that it’s uncomfortable and it’s loud.

Continue report on LIC9099-C...
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Seychelle De Luca
LICENSING EVALUATOR NAME: Dao Vang
LICENSING EVALUATOR SIGNATURE:

DATE: 04/03/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/03/2025
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-20250203100903
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: DISCOVERY TREE SCHOOL - CAPITAL CITY
FACILITY NUMBER: 343623896
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/03/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
04/04/2025
Section Cited
CCR
101223(a)
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101223 Personal Rights
(a) The Licensee shall ensure that each child is acccorded to the following personal rights...
This requirement is not met as evidenced by:
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Director will meet with all the staff tomorrow and train them on verbal communication and appropriate handing of children in care. Director will email signed agenda to LPA Vang by POC due date.
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Based on the interviews, facility did not comply with the above regulation as LPA learned staff yelled and get aggressive with daycare children by sitting them down by holding their biceps. This posed an immediate health and safety risk to the children 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: Seychelle De Luca
LICENSING EVALUATOR NAME: Dao Vang
LICENSING EVALUATOR SIGNATURE:

DATE: 04/03/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/03/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 03-CC-20250203100903
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: DISCOVERY TREE SCHOOL - CAPITAL CITY
FACILITY NUMBER: 343623896
VISIT DATE: 04/03/2025
NARRATIVE
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When LPA asked about how this staff displays their body ques when they are using a loud tone of voice with children. S3 responded, “…get tense and may sit one down a little too aggressive…" S3 further explained that when they're in the room with this staff, this staff "gets angry and says sit down and why don’t you listen.” LPA further asked how this staff sits a child down, when they get tense. S3 stated, “If a child hits another with a toy and… hold them by the biceps and sits them down aggressively. But this is just my opinion.” In a parent interview, LPA asked about how’s the interactions between teachers and children with behavioral issues. According to P6, there was a situation where a previous staff yelled at their daughter while P6 was in the classroom. The staff “seems to be frustrated” with their work.

Based on LPA’s observations and interviews which were conducted and record reviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. A Title 22 deficiency is being cited on the subsequent pages of this report on LIC809-D page.

Director Abigail Newberry acknowledges, that FOR TYPE A DEFICIENCIES ONLY upon receipt, licensee shall post LIC 809-D page with Type A deficiency 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. Director's signature on this report acknowledges receipt of these rights.

SUPERVISORS NAME: Seychelle De Luca
LICENSING EVALUATOR NAME: Dao Vang
LICENSING EVALUATOR SIGNATURE:

DATE: 04/03/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/03/2025
LIC9099 (FAS) - (06/04)
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