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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 364801076
Report Date: 07/27/2023
Date Signed: 07/27/2023 03:02:48 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
PALMDALE CHILD CARE, 39115 TRADE CENTER DR STE. 201
PALMDALE, CA 93551
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/04/2023 and conducted by Evaluator Kendal Zirbes
PUBLIC
COMPLAINT CONTROL NUMBER: 12-CC-20230504095038
FACILITY NAME:LA PETITE ACADEMYFACILITY NUMBER:
364801076
ADMINISTRATOR:TAMMY ESQUIVELFACILITY TYPE:
840
ADDRESS:14040 BEAR VALLEY ROADTELEPHONE:
(760) 241-4748
CITY:VICTORVILLESTATE: CAZIP CODE:
92392
CAPACITY:42CENSUS: 26DATE:
07/27/2023
UNANNOUNCEDTIME BEGAN:
01:01 PM
MET WITH:Facility Representative Kecia Loving TIME COMPLETED:
01:30 PM
ALLEGATION(S):
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Staff failed to adhere to food allergy for a Child
Staff yells at daycare children
INVESTIGATION FINDINGS:
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On July 27, 2023, at 1:01 p.m., Licensing Program Analyst (LPA) Kendal Zirbes conducted an unannounced follow-up complaint inspection and met with facility representative Kecia Loving. LPA disclosed the purpose of the inspection and was granted entry into the facility. 26 school-age children and two teachers and two additional staff were present in the facility during this inspection.
On May 4, 2023, the Department received two allegations alleging that on an unknown date, Child 1 (C1) was provided food to which C1 is allergic, and on an unknown date(s) staff 1 (S1) yells at the children in care. Over the course of the investigation, LPA reviewed facility records and conducted confidential interviews with staff, parents, and children.
Regarding the allegation involving C1 being provided with food C1 is allergic to. Interviews with staff confirmed that in April 2023, C1 was observed eating food that C1 is allergic to. Per staff, meals and snacks are served “family style”, meaning the food is placed in the center of the table for the children to serve themselves. During the meal/snack time, C1 was served an alternative food item, however, the food item C1 was allergic to was placed at the table C1 was sitting at, therefore the food item was accessible to C1. C1 obtained access to the food item and ingested the food C1 was allergic to. Report continued on page two
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:

DATE: 07/27/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/27/2023
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 6
Control Number 12-CC-20230504095038
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
PALMDALE CHILD CARE, 39115 TRADE CENTER DR STE. 201
PALMDALE, CA 93551
FACILITY NAME: LA PETITE ACADEMY
FACILITY NUMBER: 364801076
VISIT DATE: 07/27/2023
NARRATIVE
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Report continued from page one

Interviews confirmed staff were aware of C1's allergies and verbally reminded C1 to not eat the food item. Confidential child interviews confirmed C1 ingested food C1 was allergic to. A doctor's note dated 12/1/22 was reviewed. The doctor's note listed the food items which C1 should not be fed. Facility records documented C1 was offered these food items on 7/17/23, 6/8/23, 5/11/23, 4/26/23, 3/29/23.

Regarding the allegation involving S1 yelling at the children in care. Confidential interviews confirmed S1 yells at the children in care. Interviewees described S1 interactions as “screams”, “yelling”, “loud”. Interviewees expressed S1s interactions made them feel “sad” and “upset”. S1 confirmed a raised voice is utilized in the classroom as a way of grabbing the children's attention.

Based on confidential interviews and record review, the above allegations are valid because the preponderance of the evidence has been met, therefore, the above allegations are found to be substantiated. California Code of Regulations, Title 22, Division 12, Chapter 1, regulation 101223 (a)(2) Personal Rights and 101223 (a) (1) are being cited on the attached LIC 9099D.
LPA Kendal Zirbes informed facility representative Kecia Loving that this report dated July 27, 2023 documents one Type A citation which shall be posted for 30 consecutive days as there is immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Kendal Zirbes informed the facility representative to provide a copy of this licensing report dated July 27, 2023 that documents any Type A citation 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 Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. An exit interview was conducted, and the report was reviewed with facility representative Kecia Loving.

SUPERVISORS NAME: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:

DATE: 07/27/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/27/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 12-CC-20230504095038
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
PALMDALE CHILD CARE, 39115 TRADE CENTER DR STE. 201
PALMDALE, CA 93551

FACILITY NAME: LA PETITE ACADEMY
FACILITY NUMBER: 364801076
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/27/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
07/28/2023
Section Cited
CCR
101223(a)(2)
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101223 (a)(2) Personal Rights: 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 is not met as evidenced by:
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Per facility representative, the food C1 is allergic to will be removed from the menus going forward while the child is enrolled in care. A copy of the facility menu will be provided to the Department for the next three weeks.
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Based on interviews and record review, a safe and healthful environment was not provided when food C1 is allergic to was accessible to C1 resulting in C1 ingesting food to which C1 is allergic to, which poses a immediate Health, Safety, and Personal Rights risk to persons in care.
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CCR
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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: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:

DATE: 07/27/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/27/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 6
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
PALMDALE CHILD CARE, 39115 TRADE CENTER DR STE. 201
PALMDALE, CA 93551
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/04/2023 and conducted by Evaluator Kendal Zirbes
PUBLIC
COMPLAINT CONTROL NUMBER: 12-CC-20230504095038

FACILITY NAME:LA PETITE ACADEMYFACILITY NUMBER:
364801076
ADMINISTRATOR:TAMMY ESQUIVELFACILITY TYPE:
840
ADDRESS:14040 BEAR VALLEY ROADTELEPHONE:
(760) 241-4748
CITY:VICTORVILLESTATE: CAZIP CODE:
92392
CAPACITY:42CENSUS: 26DATE:
07/27/2023
UNANNOUNCEDTIME BEGAN:
01:01 PM
MET WITH:Facility Representative Kecia Loving TIME COMPLETED:
01:30 PM
ALLEGATION(S):
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Staff handle day care children in a rough manner.
Staff use inappropriate forms of discipline with day care children.
Staff speak inappropriately to day care children.
INVESTIGATION FINDINGS:
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On July 27, 2023, at 1:01 p.m., Licensing Program Analyst (LPA) Kendal Zirbes conducted an unannounced follow-up complaint inspection and met with facility representative Kecia Loving. LPA disclosed the purpose of the inspection and was granted entry into the facility. 26 school age children two teachers and two additional staff were present in the facility during this inspection.
On May 4, 2023, the Department received three allegations. The first allegation, alleged that in April 2023, staff 1 (S1) grabbed child 1 (C1) by the arm while directing C1 to sit at a table. The second allegation alleged that S1 had C1 “sit out” for an extended period and spanked an unknown child. The third allegation alleged S1 threatens the children in care by saying if they blink, move or do anything while on “sit out” they will have to “sit out” longer. Furthermore S1, told the children that they should not attend child care if they do not want to participate in the activities.
Over the course of the investigation, LPA reviewed facility records and conducted confidential interviews with staff, parents, and children. Confidential interviews provided inconsistent information regarding the above allegations. Report continued on page two
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:

DATE: 07/27/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/27/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 12-CC-20230504095038
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
PALMDALE CHILD CARE, 39115 TRADE CENTER DR STE. 201
PALMDALE, CA 93551
FACILITY NAME: LA PETITE ACADEMY
FACILITY NUMBER: 364801076
VISIT DATE: 07/27/2023
NARRATIVE
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Report continued from page one

Furthermore, there were zero witnesses that could corroborate the allegations occurred. S1 denied all allegations.

Based on the information obtained during interviews, it is determined that the S1 may or may not have handled C1 in a rough manner, S1 may or may not have used inappropriate forms of discipline and S1 may or may not have spoken inappropriately to the day care children. Although the allegations may have happened or are valid, there is not a preponderance of the evidence to prove that the alleged violations occurred.

A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. An exit interview was conducted, and the report was reviewed with facility representative Kecia Loving.
SUPERVISORS NAME: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:

DATE: 07/27/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/27/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 12-CC-20230504095038
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
PALMDALE CHILD CARE, 39115 TRADE CENTER DR STE. 201
PALMDALE, CA 93551

FACILITY NAME: LA PETITE ACADEMY
FACILITY NUMBER: 364801076
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/27/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/10/2023
Section Cited
CCR
101223(a)(1)
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101223 (a)(1) 101223 (a)(1) Personal Rights: 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. This requirement is not met as evidenced by:
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Per facility representative, the staff will be provided with refresher training. A copy of the training will be provided to the Department.
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Based on confidential interviews, the licensee did not ensure the children were accorded dignity in their relationships with staff when S1 yelled at the children in care, which poses a potential Personal Rights risk to persons 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: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:

DATE: 07/27/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/27/2023
LIC9099 (FAS) - (06/04)
Page: 6 of 6