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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376105111
Report Date: 11/06/2024
Date Signed: 11/06/2024 04:06:24 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, 7575 METROPOLITAN DR STE 110
SAN DIEGO, CA 92108
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/01/2024 and conducted by Evaluator Patrick Ma
COMPLAINT CONTROL NUMBER: 51-CC-20241101144253
FACILITY NAME:ENCINITAS SHINING STARSFACILITY NUMBER:
376105111
ADMINISTRATOR:CORALITO GARCIAFACILITY TYPE:
850
ADDRESS:511 ENCINITAS BOULEVARD #114TELEPHONE:
(760) 436-5433
CITY:ENCINITASSTATE: CAZIP CODE:
92024
CAPACITY:53CENSUS: 21DATE:
11/06/2024
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Coralito GarciaTIME COMPLETED:
04:20 PM
ALLEGATION(S):
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Unqualified staff providing care to day care children
Staff are comingling day care children
Staff did not ensure the facility had hygiene products for day care children
INVESTIGATION FINDINGS:
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On 11/6/24 at 9:00AM, Licensing Program Analyst (LPA) Patrick Ma made an unannounced visit to initiate an investigation, for the complaint received on 11/1/24, regarding the above allegations. LPA met with Director, Coralito Garcia and disclosed the reason for the visit.

Present in the facility were:
Carla Thomas with 10 preschool children (3-4’s) playing outside.
Karrissa Matthews with 7 children in 2’s classroom (one child (C1) was found under 24 months).
Rene Gonzalez with 3 children in the toddlers classroom (2 of the 3 children were under 18 months).

During this visit LPA conducted staff interviews, toured the facility, and reviewed relevant documents.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Renesha Askew
LICENSING EVALUATOR NAME: Patrick Ma
LICENSING EVALUATOR SIGNATURE:

DATE: 11/06/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/06/2024
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
Citations on this Visit Report are Under Appeal!

Control Number 51-CC-20241101144253
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR STE 110
SAN DIEGO, CA 92108

FACILITY NAME: ENCINITAS SHINING STARS
FACILITY NUMBER: 376105111
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/06/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Under Appeal
Type B
11/06/2024
Section Cited
CCR
101216.1(b)(1)(A)
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101216.1(b)(1)(A) A teacher shall have completed...at least six postsecondary semester or equivalent quarter units of the education requirement specified in (c)(1)...(A) After employment, a teacher hired under (b) above shall complete, with passing grades, at least two units each semester or quarter until the education requirement…is met. This requirement is not met as evidenced by:
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Director stated she will ensure an aide is always supervised by a fully qualified staff and at least one will remain in the building available if an aide is supervising children for napping to assist when one child wakes up. Deficiency cleared during visit.
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Based on the information obtained during interviews and documentation reviewed it is determined Staff S1, supervised 8 preschool children alone, but is not qualified to supervise children alone which poses/posed 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: Renesha Askew
LICENSING EVALUATOR NAME: Patrick Ma
LICENSING EVALUATOR SIGNATURE:

DATE: 11/06/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/06/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Citations on this Visit Report are Under Appeal!

Control Number 51-CC-20241101144253
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR STE 110
SAN DIEGO, CA 92108

FACILITY NAME: ENCINITAS SHINING STARS
FACILITY NUMBER: 376105111
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/06/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
11/07/2024
Section Cited
CCR
101161(a)
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101161(a) A licensee shall not operate a child care center beyond the conditions and limitations specified on the license. This requirement is not met as evidenced by:
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Director stated Licensee believed with the the parents consent children can be moved from the toddler class to 2's class and infant class to toddlers class which is not the case. Director returned children to their correct classes and provided weekly schedule for infant class that meets ratio requirements. Deficiency cleared during visit.
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Based on the information obtained during interviews, observations, and documentation reviewed it is determined that child C1, under 24, months has been participating and comingling with 2’s preschool class and child C2 and C3, under 18 months,
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have been participating and comingling with toddler classroom which poses an immediate health, safety or personal rights risk to children in care.
Under Appeal
Type A
11/07/2024
Section Cited
CCR
101239(e)(4)
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101239(e)(4) All toilets, handwashing and bathing facilities shall be maintained in safe and sanitary operating condition. Additional equipment, aids and/or conveniences shall be provided as needed. This requirement is not met as evidenced by:
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During site visit, toilet paper was present and Director stated wil maintain supplies needed for children. Director stated she will review CDSS Child Care Licensing Providers Resource instructional video: https://ccld.childcarevideos.org/child-care-center-operators/ Children's Personal Rights in Child Care Centers and provide a written summary of the videos to the Department by 11/7/24.
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Based on the information obtained during interviews it is determined that toilet paper was unavailable to children from 9/26 – 9/31/24 then sporadically afterward for periods of 1-2 days at a time. Staff would use paper towels or wet wipes from other children until
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supplies were refreshed, which poses an immediate health, safety or personal rights risk to children in care.
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: Renesha Askew
LICENSING EVALUATOR NAME: Patrick Ma
LICENSING EVALUATOR SIGNATURE:

DATE: 11/06/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/06/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 51-CC-20241101144253
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR STE 110
SAN DIEGO, CA 92108
FACILITY NAME: ENCINITAS SHINING STARS
FACILITY NUMBER: 376105111
VISIT DATE: 11/06/2024
NARRATIVE
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Based on the information obtained during interviews and documentation reviewed it is determined that at least one day, 10/25/24, Staff S1, supervised 8 preschool children alone as they woke up and proceed to supervise them outdoors for 2-3 minutes, who is not qualified to supervise children alone, prior to fully qualified teacher returning.

Based on the information obtained during interviews, observations, and documentation reviewed it is determined that child C1, under 24, months has been participating and comingling with 2’s preschool class (Shining Stars) and child C2 and C3, under 18 months, have been participating and comingling with toddler classroom. Parent sign-in documents also list them enrolled in the classes identified.

Based on the information obtained during interviews it is determined that the facility was without toilet paper or an adequately alternative option available for children’s use for a 1–2-week period between 9/26 – 9/31/24 then sporadically afterward for periods of 1-2 days at a time. Staff would use paper towels or wet wipes from other children until supplies were refreshed.

The allegations are valid because the preponderance of the evidence has been met, therefore, the above allegation is found to be SUBSTANTIATED. The deficiencies are being cited on the attached LIC 9099D.
LPA Ma informed Director Coralito Garcia that this report dated 11/6/24 documents 2 Type A citations which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA Ma informed the Director to provide a copy of this licensing report dated 11/6/24 that documents any Type A citations to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to parents/guardians of any newly enrolled child 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.

Exit interview conducted and report was reviewed with the Director Coralito Garcia. A notice of site visit was given and must remain posted for 30 days.
SUPERVISORS NAME: Renesha Askew
LICENSING EVALUATOR NAME: Patrick Ma
LICENSING EVALUATOR SIGNATURE:

DATE: 11/06/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/06/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5