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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 364808410
Report Date: 05/04/2023
Date Signed: 05/08/2023 12:44:15 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 ST., SUITE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/17/2023 and conducted by Evaluator Justin Giese
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20230417104419
FACILITY NAME:SAN BERNARDINO CITY SCHOOL DIST. ALLREDFACILITY NUMBER:
364808410
ADMINISTRATOR:KELLY, LATASHIAFACILITY TYPE:
830
ADDRESS:303 S. K STREETTELEPHONE:
(909) 386-2508
CITY:SAN BERNARDINOSTATE: CAZIP CODE:
92410
CAPACITY:38CENSUS: 14DATE:
05/04/2023
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Deborah JohnsonTIME COMPLETED:
11:30 AM
ALLEGATION(S):
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Staff did not properly supervise daycare child
INVESTIGATION FINDINGS:
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On 05/04/2023, at time listed above, Licensing Program Analyst (LPA) Justin Giese made an unannounced visit to the facility for the purpose of concluding a complaint investigation. Allegations of this complaint were received by Licensing on 04/12/2023. LPA was granted entry to the facility and met with Facility Site Supervisor, Deborah Johnson.

The following was alleged: Staff did not properly supervise daycare child. It was alleged, on 04/11/2023, approximately 4:00pm, a child was observed alone and unsupervised, on the ramp outside of the infant/toddler classroom.

On 04/17/2023, LPA made an unannounced visit to the facility for the purpose of initiating this complaint investigation. LPA met with Facility Site Supervisor, collected/reviewed documents, toured the entire facility, and interviewed staff associated with the supervision of children in the infant/toddler program.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Justin Giese
LICENSING EVALUATOR SIGNATURE:

DATE: 05/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/04/2023
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 09-CC-20230417104419
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 ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: SAN BERNARDINO CITY SCHOOL DIST. ALLRED
FACILITY NUMBER: 364808410
VISIT DATE: 05/04/2023
NARRATIVE
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LPA was provided the infant/toddler room staffing roster as well as staff sign-in/sign-out sheet for the week of 04/10/2023 to 04/14/2023. According to the staff sign-in/sign-out sheet, LPA observed seven staff members present the date of alleged incident. LPA conducted interviews with seven staff members and recorded the following information:

Staff stated the 4:00pm hour is a busy time for children to be picked up from the facility. During this time, children’s diapers will be checked and changed accordingly, to assure they are dry and comfortable, prior to being picked up. It was stated children are typically on the playground during this time. A staff member will be present within the classroom conducting diaper changes, while remaining staff will be with the children outside. It was stated after a child’s diaper is changed, staff will escort the child out of the classroom, and either walk them halfway down the ramp leading to the playground or allow the child to walk the entire distance alone.

Staff stated this practice occurs due to the necessity of staying within the classroom and assuring the door does not remain open for a long period of time. Staff stated when a child is released, they will call out to staff on the playground, and announce a child is on their way. Due to the distance of the classroom to staff located on the playground, it was stated staff often do not hear the announcement and are unaware a child is being released, leaving the child to walk alone to join the rest of the children. On the date of the alleged incident, staff stated they announced a child was being released and walked the child halfway down the ramp before returning to the classroom. Staff attending to the children on the playground stated they did not hear the announcement and the child was left unattended on the ramp area to walk down on their own.

As part of this investigation, LPA toured the entire facility, took measurements, and made direct observations of the infant toddler classroom. LPA noted the Infant/toddler classroom is located within its own gated playground. The classroom sits elevated “1 ffoot” from the ground with a “22 foot” ramp leading to the entrance door. The end of the ramp is “10.5 feet” from the padded surface of the playground. Statements recorded by staff corroborate that children are allowed to walk down the ramp leading to the playground unsupervised.

Therefore, based on LPAs direct observations and interviews conducted, the preponderance of evidence standard has been met, the above allegation, staff did not properly supervise daycare child, are found to be SUBSTANTIATED. Please see attached LIC9099D for Type A deficiency cited.

SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Justin Giese
LICENSING EVALUATOR SIGNATURE:

DATE: 05/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/04/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 09-CC-20230417104419
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 ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: SAN BERNARDINO CITY SCHOOL DIST. ALLRED
FACILITY NUMBER: 364808410
VISIT DATE: 05/04/2023
NARRATIVE
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An exit interview was conducted, A copy of this report and appeal rights were given to the Facility Site Supervisor during this inspection on 05/04/2023.

LPA issued a Notice of Site Visit and verified it was posted in a prominent location at the facility. Licensee understands that the Notice of Site Visit must remain posted for the next 30 days along with a copy of all Type A deficiencies cited during this inspection.

A copy of all Type A deficiencies cited during this inspection must also be immediately (within 24 hours of child’s next day in care) given to the parents of all children enrolled in the childcare facility and any children enrolled into the childcare facility over the next 12 months (at the time of enrollment). Licensees are required to have all parents sign and date the Acknowledgement of Receipt of Licensing Reports (LIC9224) and maintain a copy in each child’s file. A copy of this report, LIC9224 and Appeal Rights (LIC9058) were provided during this inspection.

SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Justin Giese
LICENSING EVALUATOR SIGNATURE:

DATE: 05/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/04/2023
LIC9099 (FAS) - (06/04)
Page: 6 of 6
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 ST., SUITE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/17/2023 and conducted by Evaluator Justin Giese
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20230417104419

FACILITY NAME:SAN BERNARDINO CITY SCHOOL DIST. ALLREDFACILITY NUMBER:
364808410
ADMINISTRATOR:KELLY, LATASHIAFACILITY TYPE:
830
ADDRESS:303 S. K STREETTELEPHONE:
(909) 386-2508
CITY:SAN BERNARDINOSTATE: CAZIP CODE:
92410
CAPACITY:38CENSUS: DATE:
05/04/2023
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Deborah JohnsonTIME COMPLETED:
11:30 AM
ALLEGATION(S):
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Staff handled daycare child in a rough manner
Staff inappropriately spoke to daycare child
INVESTIGATION FINDINGS:
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On 05/04/2023, at time listed above, Licensing Program Analyst (LPA) Justin Giese made an unannounced visit to the facility for the purpose of concluding a complaint investigation. Allegations of this complaint were received by Licensing on 04/12/2023. LPA was granted entry to the facility and met with Facility Site Supervisor, Deborah Johnson.

The following was alleged: Staff handled daycare child in a rough manner and staff inappropriately spoke to daycare child. It was alleged, on 04/11/2023 around 4:00pm, a staff member was observed pulling or tugging a child outside of the classroom door by their arm, berating them for crying. It was alleged staff told the child, “You can cry out here.”

On 04/17/2023, LPA made an unannounced visit to the facility for the purpose of initiating this complaint investigation. LPA met with Facility Site Supervisor, collected/reviewed documents, and interviewed staff associated with the supervision of children in the infant/toddler program.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Justin Giese
LICENSING EVALUATOR SIGNATURE:

DATE: 05/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/04/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 09-CC-20230417104419
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 ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: SAN BERNARDINO CITY SCHOOL DIST. ALLRED
FACILITY NUMBER: 364808410
VISIT DATE: 05/04/2023
NARRATIVE
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LPA was provided the infant/toddler room staffing roster as well as staff sign-in/sign-out sheet for the week of 04/10/2023 to 04/14/2023. According to the staff sign-in/sign-out sheet, LPA observed seven staff members present the date of alleged incident.

LPA conducted interviews with the seven staff members and recorded the following information:

All staff interviewed deny the allegations. Staff stated they have never witnessed children handled in a rough manner nor spoken to inappropriately. Staff stated children are often guided by holding hands with staff or by a gentle open palm, placed on the middle of their back. Staff stated children are treated with dignity and respect and spoken to in a soft, clear, and calming tone. Staff stated if a child is crying, or having a difficult day, they will be given an alternate activity, or sit with staff within the classroom. Staff deny crying or difficult children are removed from the classroom and taken outside.

Based on LPA observation, interview and documents collected/reviewed, there was conflicting information received during the investigation from what was alleged, staff handled daycare child in a rough manner and staff inappropriately spoke to daycare child. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED.

A NOTICE OF SITE VISIT WAS GIVEN. LICENSEE WAS INSTRUCTED TO POSTED IT IN A PROMINENT LOCATION AT THE FACILITY. THE LICENSEE UNDERSTANDS THAT IT MUST REMAIN POSTED FOR THE NEXT 30 DAYS.



An exit interview was conducted, A copy of this report and appeal rights were given to the Facility Site Supervisor during this inspection on 05/04/2023.
SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Justin Giese
LICENSING EVALUATOR SIGNATURE:

DATE: 05/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/04/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 09-CC-20230417104419
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 ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: SAN BERNARDINO CITY SCHOOL DIST. ALLRED
FACILITY NUMBER: 364808410
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/04/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
05/05/2023
Section Cited
CCR
101229(a)(1)
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Responsibility for Providing Care and Supervision: (a)The licensee shall provide care and supervision as necessary to meet the children's needs.(1) No child(ren) shall be left without the supervision of a teacher at any time... Supervision shall include visual observation.
This was not met as evidenced by:
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Facility is aware of the importance of this regulation and as a means of correction will hold a staff meeting and training session outlining what "proper supervision looks like" in addition training will cover topics regarding the release of children from the classroom down the ramp to the playground area. Facility will submit training materials and staff sign-in sheet for
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Based on Observation and interviews, statements recorded by staff corroborate that children are allowed to walk down the ramp leading to the playground unsupervised. This ia an immediate health and safety and personal rights risk to children in care.
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attendance and acknowledgement to the LPA on or before the stated POC date of 05/05/2023.

justin.giese@dss.ca.gov

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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: Gilbert Sena
LICENSING EVALUATOR NAME: Justin Giese
LICENSING EVALUATOR SIGNATURE:

DATE: 05/04/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/04/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 6