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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 374844846
Report Date: 01/06/2023
Date Signed: 01/06/2023 02:19:08 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 STREET, STE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/14/2022 and conducted by Evaluator Jessica M Rubio
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20221114161332
FACILITY NAME:LEARNING EXPERIENCE, THEFACILITY NUMBER:
374844846
ADMINISTRATOR:DUMAS, NIKOLEFACILITY TYPE:
850
ADDRESS:4174 AVENIDA DE LA PLATATELEPHONE:
(760) 940-6932
CITY:OCEANSIDESTATE: CAZIP CODE:
92056
CAPACITY:115CENSUS: 40DATE:
01/06/2023
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Evelyn HarperTIME COMPLETED:
02:30 PM
ALLEGATION(S):
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Facility is operating out of ratio.
Staff are not adhering to day care child's special dietary needs.

INVESTIGATION FINDINGS:
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On January 6, 2023 at 1:00 pm, Licensing Program Analysts (LPAs) Jessica Rubio and Courtnee Peebles arrived unannounced to The Learning Experience (CCC) and met with Owner Sejal Patel and Director (AD) Evelyn Harper, to deliver the investigative findings for the above stated allegations. During the investigation, LPA conducted interviews with six staff and reviewed documents pertinent to the investigation.

On November 14, 2022, a complaint was received alleging facility is operating out of ratio and staff are not adhering to day care child's special dietary needs.

Continued on LIC 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Pauline Beschorner
LICENSING EVALUATOR NAME: Jessica M Rubio
LICENSING EVALUATOR SIGNATURE:

DATE: 01/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/06/2023
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 5
Control Number 10-CC-20221114161332
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 STREET, STE 700
RIVERSIDE, CA 92501
FACILITY NAME: LEARNING EXPERIENCE, THE
FACILITY NUMBER: 374844846
VISIT DATE: 01/06/2023
NARRATIVE
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Regarding the allegation the facility is operating out of ratio, confidential interviews revealed that the facility is regularly operating out of ratio in the morning at times ranging between 7:00 am and 8:45 am. It was revealed that the facility is operating out of ratio due to staff shortages, as well as scheduling issues and staff arriving late. Confidential interviews and record review revealed that there is one teacher that receives children from multiple classes in the morning until other teachers arrive resulting in one teacher supervising more than 12 children for various periods of time. Additionally, LPA reviewed an accident/incident report that detailed there were 28 children and two staff present when the incident occurred. Furthermore, the incident occurred in the time frame noted above.

Regarding the allegation that staff are not adhering to day care child's special dietary needs, confidential interviews revealed that in two different instances, staff provided a child (C1), whom has a food allergy, with food items containing the specified allergen. Confidential interviews revealed during both incidents, C1 took one or two bites of the food item before staff realized the food should not have been given to C1. Interviews revealed C1 did not have an allergic reaction either time.

Based on record review and confidential interviews conducted during the investigation, the preponderance of evidence standard has been met and the allegations that the facility is operating out of ratio and staff are not adhering to day care child's special dietary needs are substantiated. The facility is being cited for Title 22 Regulations. See LIC 9099-D for cited deficiencies. An exit interview was conducted and a copy of this report and appeal rights were discussed and provided to Director Evelyn Harper. A notice of site visit was also provided and must remain posted for 30 days.
SUPERVISORS NAME: Pauline Beschorner
LICENSING EVALUATOR NAME: Jessica M Rubio
LICENSING EVALUATOR SIGNATURE:

DATE: 01/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/06/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 10-CC-20221114161332
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 STREET, STE 700
RIVERSIDE, CA 92501

FACILITY NAME: LEARNING EXPERIENCE, THE
FACILITY NUMBER: 374844846
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/06/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
01/20/2023
Section Cited
CCR
101216.3
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Teacher Child Ratio (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in...below. This requirement was not met as evidenced by:
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Owner and Director stated until fully staffed, they will utilize overtime, monitor staffing numbers and call in additional staff prior to being out of ratio. They also stated they will utilize substitutes when needed. Director will provide written plan and updated schedule to LPA.
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Based on confidential interviews and record review revealing the facility is regularly operating over a ratio of one teacher providing supervision to more than 12 children, which is a potential health, safety or personal rights risk to children in care.
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Type B
01/13/2023
Section Cited
CCR
101227(a)(7)(B)
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Food Services (a) In child care centers providing meals to children, the following shall apply: (7) Modified diets prescribed by a child's physician as a medical necessity shall be provided. (B) A child shall not be served any food to which the child's record indicates he/she has an allergy. This requirement was not met as evidenced by:
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Owner and Director will provide a training to staff on procedures for serving food and allergies and additional notes will be placed on food carts for classes with allergies. Director will provide meeting agenda and sign in sheet to LPA.
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Based on confidential interviews, the facility has on multiple occasions served C1, whom has a food allergy, food items containing the specified allergen, which poses a potential health, safety or personal rights risk to 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: Pauline Beschorner
LICENSING EVALUATOR NAME: Jessica M Rubio
LICENSING EVALUATOR SIGNATURE:

DATE: 01/06/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/06/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
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 STREET, STE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/14/2022 and conducted by Evaluator Jessica M Rubio
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20221114161332

FACILITY NAME:LEARNING EXPERIENCE, THEFACILITY NUMBER:
374844846
ADMINISTRATOR:DUMAS, NIKOLEFACILITY TYPE:
850
ADDRESS:4174 AVENIDA DE LA PLATATELEPHONE:
(760) 940-6932
CITY:OCEANSIDESTATE: CAZIP CODE:
92056
CAPACITY:115CENSUS: 40DATE:
01/06/2023
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Evelyn HarperTIME COMPLETED:
02:30 PM
ALLEGATION(S):
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Food services are insufficient.
Staff are not properly supervising day care children while in care.
INVESTIGATION FINDINGS:
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On January 06, 2023 at 10:00 pm, Licensing Program Analysts (LPAs) Jessica Rubio and Courtnee Peebles arrived unannounced to The Learning Experience (CCC) and met with Owner Sejal Patel and Director (AD) Evelyn Harper, to deliver the investigative findings for the above stated allegations. During the investigation, LPA conducted interviews with six staff and reviewed documents pertinent to the investigation.

On November 14, 2022, a complaint was received alleging food services are insufficient, specifically, children are not being fed sufficient portions of food and not being offered milk. Additionally, the complaint alleged, staff are not properly supervising day care children while in care, specifically that staff are not properly supervising children while on the playground.
Continued LIC 9099-C
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Pauline Beschorner
LICENSING EVALUATOR NAME: Jessica M Rubio
LICENSING EVALUATOR SIGNATURE:

DATE: 01/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/06/2023
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 5
Control Number 10-CC-20221114161332
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 STREET, STE 700
RIVERSIDE, CA 92501
FACILITY NAME: LEARNING EXPERIENCE, THE
FACILITY NUMBER: 374844846
VISIT DATE: 01/06/2023
NARRATIVE
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Regarding the allegation that food services are insufficient, confidential interviews and LPA Rubio’s observations revealed that while menus are posted, the menus are often not being followed. Confidential interviews and observations revealed ingredients to follow the menu are often not available, however, substitutions are being made. Some confidential interviews revealed there have been instances when food portions are not sufficient while other interviews revealed portions are always sufficient and children are able to have additional servings, should they request. Interviews did reveal there is an ongoing issue with a vendor not delivering milk and that sometimes milk has not been available to serve the children. Interviews revealed that when this issue occurs, water is provided, or milk is purchased from another retailer in the area.

Regarding the allegation that staff are not properly supervising day care children while in care, one interview revealed daycare children have been seen climbing the playground fencing while staff are present and there is a delay in the staff addressing it. Other interviews revealed, children do like to climb the fencing, however, there is no concern with staff providing proper supervision to children in care. Additionally, interviews revealed, there were no children that had been injured as a result of climbing or falling from the fence.

Based on conflicting statements received during the investigation, the allegations that food services are insufficient, and staff are not properly supervising daycare children may have occurred, however are not supported or proven by evidence. Therefore, the above allegations are unsubstantiated. An exit interview was conducted and a copy of this report and appeal rights were discussed and provided to Director Evelyn Harper. A notice of site visit was also provided and must remain posted for 30 days.
SUPERVISORS NAME: Pauline Beschorner
LICENSING EVALUATOR NAME: Jessica M Rubio
LICENSING EVALUATOR SIGNATURE:

DATE: 01/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/06/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5