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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 367750049
Report Date: 04/11/2025
Date Signed: 04/11/2025 05:50:23 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
01/29/2025 and conducted by Evaluator Kendal Zirbes
PUBLIC
COMPLAINT CONTROL NUMBER: 12-CC-20250129102331
FACILITY NAME:OAK TREE D STREETFACILITY NUMBER:
367750049
ADMINISTRATOR:MELISSA DAVISFACILITY TYPE:
850
ADDRESS:1900 D STREETTELEPHONE:
(909) 882-6979
CITY:SAN BERNARDINOSTATE: CAZIP CODE:
92405
CAPACITY:50CENSUS: DATE:
04/11/2025
UNANNOUNCEDTIME BEGAN:
03:01 PM
MET WITH:Facility Representative, Josephine Hernandez TIME COMPLETED:
03:30 PM
ALLEGATION(S):
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Staff speak to day care children in an inappropriate manner.
Staff threatens day care children
Staff do not ensure sand box is free of feces.
Staff do not ensure facility is clean and sanitized.
INVESTIGATION FINDINGS:
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On April 11, 2025, at 03:00pm Licensing Program Analyst (LPA) Kendal Zirbes met with facility representative Josephine Hernandez. The purpose of the inspection was to deliver the finding for the above stated allegations.  During the investigation, LPA Zirbes and Cha conducted interviews with children, parents, and staff. In addition, LPA completed a review of the facility records and conducted unannounced inspections on January 31, 2025.
On January 29, 2025, the Department received information that staff 1 (S1) threatened unknown children and expressed they were going to be put in the closet with monsters. The confidential interview with S1 confirmed S1 told the class there were monsters in the classroom closet. Per the information received, child 1 (C1) was continually trying to access the closet in the classroom. Per S1, the closet was the storage area for the napping materials and S1 was concerned the napping materials would fall on C1 potentially causing an injury. S1 confirmed after S1 made this statement S1 knew S1s choice of words was wrong as the children continued to talk about monsters in the closet. Per S1, this statement was not said with the intention of causing harm. Report continued on page two
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:

DATE: 04/11/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2025
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 8
Control Number 12-CC-20250129102331
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: OAK TREE D STREET
FACILITY NUMBER: 367750049
VISIT DATE: 04/11/2025
NARRATIVE
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Report continued from page one
The statements of S1 violated the personal rights of the children in care. Based on interviews this allegation is substantiated.
A second allegation was received alleging staff 2 (S2) and staff 3 (S3) threaten unknown children when S2 and S3 made statements regarding the cops picking the children up and taking them to jail if they did not listen. Confidential interviews revealed S2 and S3 spoke to the children regarding police however did not provide information that supported the allegation. Staff interviews provided inconsistencies regarding S2s and S3s interactions with the children. Some staff reported S2 made threatening statements about police coming and getting the children. Other staff confirmed S2 and S3 spoke to the children about police, however the statements were not made in a threatening manner. Other staff reported they did not hear S2 or S3 speak to the children about the police. Staff reported, S2 and S3 used higher pitched and scary voices with the children. A review of the facility records revealed, an Unusual Incident Report (UIR) was submitted to the Department on October 25, 2024. Per UIR, the Center completed an internal investigation after information was received alleging S2 told C2 “the police is gonna get ya”. Per the UIR although the words used were stated, jokingly, the language used was inappropriate. This allegation was substantiated. A citation was not received on this report as the Department previously addressed this allegation on April 2, 2025.
A third allegation was received alleging unknown staff members did not ensure the playground sand box was free of feces. Staff interviews confirmed animal feces has been present in the outdoor activity space on numerous dates. Interviews reported children have stepped in feces, picked up the feces and placed feces in their mouth. LPAs record review included video evidence. The video evidence showed a child sitting in the sand box with no shoes. In the sand surrounding the child is at least two piles of feces. Staff interviews confirmed the administrative staff was told about the feces however a solution was not developed and feces continued to be present in the sand box. This allegation is substantiated, a type A citation will be issued on the LIC 9099D.
A fourth allegation was received alleging, unknown staff members do not ensure the classrooms are clean and sanitized. Staff interviews provided inconsistent information regarding the allegation, as some staff reported concerns, and other staff did not report concerns with the cleanliness of the Center. Staff interviews confirmed the bleach water solution within the classroom was not being changed every 24 hours. LPA Zirbes and Cha completed an unannounced inspection on January 23, 2025. Report continued on page three
SUPERVISORS NAME: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:

DATE: 04/11/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 8
Control Number 12-CC-20250129102331
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: OAK TREE D STREET
FACILITY NUMBER: 367750049
VISIT DATE: 04/11/2025
NARRATIVE
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Report continued from page two
LPAs observed a light brown ring on top of the toilet seat where the potty-training seat rests on the toilet seat. LPAs observed the dustpan was accessible to the children and had dark black and brown dirt marks. LPAs observed one of the classroom walls had peeling and chipping paint in an area accessible to the preschool children. LPA observed foam blocks and wooden blocks within the classrooms had brown spots from use. LPAs observed the blue trash can in the outdoor activity space was full of trash and the lid was not on. This allegation is substantiated based on LPA observations. A citation was not issued on this date as the Department already addressed this issue on April 11, 2025.

Based on record review, LPA observations and information obtained through interviews the preponderance of evidence standard has been met for the following allegations: staff speak to day care children in an inappropriate manner, staff threatens day care children, staff do not ensure sand box is free of feces, staff do not ensure facility is clean and sanitized. Therefore, the above allegations are found to be Substantiated. A type A citation was issued on the LIC 9099D for California Code of Regulations, Title 22, Division 12, Chapter 1, regulation 101238.2 (f) Outdoor Activity Space and 101223(a) (1) Personal Rights.

LPA Zirbes informed facility representative Josephine Hernandez that this report dated April 11, 2025, 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 Zirbes informed the facility representative Josephine Hernandez to provide a copy of this licensing report dated April 11, 2025, 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. An exit interview was conducted, and the report was reviewed with facility representative Josephine Hernandez. Appeal rights and a copy of the report were provided to facility representative Josephine Hernandez.
SUPERVISORS NAME: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:

DATE: 04/11/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 8
Control Number 12-CC-20250129102331
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: OAK TREE D STREET
FACILITY NUMBER: 367750049
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/11/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
04/25/2025
Section Cited
CCR
101238.2(f)
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101238.2 (f) Sandboxes shall be inspected daily and kept free of hazardous foreign materials.
This requirement was not met as evidenced by:
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Per facility representative, daily checks are being completed prior to children engaging in outdoor play. Diaily checklist have been in place since March 6, 2025. The Center will be developing a plan of action and plan will be submitted to the Department bu 4.25.25.
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Based on record review and interviews, the sandboxes were not being inspected daily and keep free of hazardous material when children have stepped in feces, picked up the feces and placed feces in their mouth. This poses an immediate Health, Safety, or 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: 04/11/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 8
Control Number 12-CC-20250129102331
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: OAK TREE D STREET
FACILITY NUMBER: 367750049
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/11/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
04/18/2025
Section Cited
CCR
101223(a)(1)
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Personal Rights 101223 (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. This requirement was not met as evidenced by: Based on record review , the licensee did not ensure
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Per facility representative, a staff training was held on 1.29.25 which addressed staffs interactions with children.
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each child was accorded dignity when S2 told the classroom that monsters were in the closet as a means of stopping the children from opening the closet door in the classroom. This poses a potential Health, Safety, or 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: 04/11/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2025
LIC9099 (FAS) - (06/04)
Page: 5 of 8
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
01/29/2025 and conducted by Evaluator Kendal Zirbes
PUBLIC
COMPLAINT CONTROL NUMBER: 12-CC-20250129102331

FACILITY NAME:OAK TREE D STREETFACILITY NUMBER:
367750049
ADMINISTRATOR:MELISSA DAVISFACILITY TYPE:
850
ADDRESS:1900 D STREETTELEPHONE:
(909) 882-6979
CITY:SAN BERNARDINOSTATE: CAZIP CODE:
92405
CAPACITY:50CENSUS: DATE:
04/11/2025
UNANNOUNCEDTIME BEGAN:
03:01 PM
MET WITH:Facility Representative, Josephine Hernandez TIME COMPLETED:
03:30 PM
ALLEGATION(S):
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Staff handles day care children in an inappropriate manner
Staff do not provide adequate food service to day care children.
Staff refused day care children into the facility.
Staff do not follow facility food menu.
INVESTIGATION FINDINGS:
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On April 11, 2025, Licensing Program Analyst (LPA) Kendal Zirbes met with facility representative Josephine Hernandez. The purpose of the inspection was to deliver the finding for the above stated allegations.  During the investigation, LPA Zirbes and Cha conducted interviews with children, parents, and staff. In addition, LPA completed a review of the facility records and conducted unannounced inspections on January 31, 2025.
On January 29, 2025, the Department received an allegation alleging staff 1 (S1) and staff 2 (S2) pulled unknown children by the shirt if they did not listen. Information obtained through confidential interviews did not provide statements that supported the allegation. Parent interviews did not report concerns with S1 and S2. Information obtained through staff interviews did not support the allegations. S1 and S2 denied the allegation and expressed they would guide a child by the hand. Record review did not provide evidence to support the allegation. Currently the allegation is unsubstantiated.
Report continued on page two
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:

DATE: 04/11/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2025
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 6 of 8
Control Number 12-CC-20250129102331
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: OAK TREE D STREET
FACILITY NUMBER: 367750049
VISIT DATE: 04/11/2025
NARRATIVE
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A second allegation was received alleging that for about the past four to five months, the facility has been serving day care children one day old food. Furthermore, the allegation alleged that on unknown dates the Center transported and served food which was prepared at the sister school. Interviews with staff confirmed food was transported from the sister school to the Center when the Center was newly licensed. Staff interviews provided inconsistent information, as some staff reported zero concerns with the food served at the Center while others reported the food is cold or the amounts served were inadequate. LPAs Zirbes and Cha completed a safety inspection of the sister school on February 6, 2025. The kitchen area was observed to be clean and sanitary. LPAs observed the aluminum containers and lids the food was transported in. Inconsistent information was received regarding how the food was transported as some interviewees reported the food was transferred in staffs’ personal vehicles and others reported the food was transported in the facility van. The staff member who prepared and transported the food completed the ServSafe California Food Handler Assessment. In addition, staff interviews confirmed the Center had a dedicated cook on site, staff 3 who has worked at the Center since May 2024. Over the course of the investigation, LPA reviewed food receipts and Instacart orders. On April 10, 2025, LPA Zirbes completed a google maps directions search from the sister school to the Center. The sister school is located 2.9 miles away and drive time is approximately seven minutes. Currently the allegation is unsubstantiated.
A third allegation was received alleging the Center is not allowing children to attend the Center if the children arrive after 09:00am. Parent interviews reported, they know about the arrival time however the children have not been denied entry. Staff interviews confirmed children have been denied entry to the Center if they arrive after the 09:00am cut off. The parent handbook was reviewed. The parent handbook states, “After 9 a m, we do not accept late arrivals due to the disruption of Tree/Learning Time.” Currently the allegation is unsubstantiated.
A fourth allegation was received alleging on unknown dates the staff do not follow the facility food menu. Staff interviews provided inconsistent information some staff reported if the food item listed on the menu is not available a substitute is provided or an Instacart order is submitted. Other staff reported due to the Center budget the staff and parents had to purchase snacks for the children in care. On January 31, 2025, LPA Zirbes and Cha completed a tour of the kitchen. LPAs observed food in the refrigerator, freezer and pantry. LPAs observed the menus were posted. LPAs observed certain menu items were crossed out and a substitute item was identified. Currently the allegation is unsubstantiated.
Report continued on page three
SUPERVISORS NAME: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:

DATE: 04/11/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2025
LIC9099 (FAS) - (06/04)
Page: 7 of 8
Control Number 12-CC-20250129102331
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: OAK TREE D STREET
FACILITY NUMBER: 367750049
VISIT DATE: 04/11/2025
NARRATIVE
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Based on interviews, record review and observation, there is not enough evidence regarding the allegations alleging, staff handles day care children in an inappropriate manner, staff do not provide adequate food service to day care children, staff refused day care children into the facility, staff do not follow facility food menu. Therefore, the allegations are deemed unsubstantiated at this time. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated.

Notice of Site Visit was given and must remain posted for 30 days. An exit interview was conducted, where this report and appeal rights were reviewed with facility representative Josephine Hernandez.

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

DATE: 04/11/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2025
LIC9099 (FAS) - (06/04)
Page: 8 of 8