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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376105112
Report Date: 10/27/2023
Date Signed: 04/09/2024 12:29:28 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
10/26/2023 and conducted by Evaluator Patrick Ma
PUBLIC
COMPLAINT CONTROL NUMBER: 51-CC-20231026080003
FACILITY NAME:ENCINITAS SHINING STARS INFANT CENTERFACILITY NUMBER:
376105112
ADMINISTRATOR:CORALITO GARCIAFACILITY TYPE:
830
ADDRESS:511 ENCINITAS BOULEVARD #114TELEPHONE:
(760) 436-5433
CITY:ENCINITASSTATE: CAZIP CODE:
92024
CAPACITY:9CENSUS: 6DATE:
10/27/2023
UNANNOUNCEDTIME BEGAN:
01:15 PM
MET WITH:Coralito GarciaTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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Staff roughly handled an infant
Facility did not report staff's rough handling of an infant
INVESTIGATION FINDINGS:
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*************THIS IS AN AMENDED REPORT DELIVERED ON 12/19/23***************
On 10/27/23 Licensing Program Analysts (LPA) Patrick Ma and Gerald Poindexter conducted an initial investigation, for the complaint received on 10/26/23 regarding the above allegations. LPA met with Director, Coralito Garcia. Also present were 6 daycare infants with 2 staff. Proper supervision and ratios were observed.

Based on the information obtained during interviews, observations, and videos it is determined that staff S1 violated infant C1's personal rights. LPA’s viewed in video S1 yanking infant’s left arm twice and pressing/pushing roughly down on the back of the child’s head in efforts to force the infant to lay down for nap. S1 admitted to actions stating she does this to the child during child’s naps to make the child sleep. The facility also failed to submit a report to the Department regarding the incident even though Director was aware of the incident on the date it occurred.

Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Renesha Askew
LICENSING EVALUATOR NAME: Patrick Ma
LICENSING EVALUATOR SIGNATURE:

DATE: 12/19/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/19/2023
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 3
Control Number 51-CC-20231026080003
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 INFANT CENTER
FACILITY NUMBER: 376105112
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/27/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
10/30/2023
Section Cited
CCR
101223(a)(3)
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The licensee shall ensure that each child is accorded the following personal rights…. To be free from infliction of pain…mental abuse or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping...This requirement was not met as evidenced by:
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Director stated she has termindated S1's empllyment at the center due to the incident. Director stated she will provided additional training to all staff on children's personal rights and provide the Department a summary/agenda with staff signature of participants.
https://ccld.childcarevideos.org/family-child-care-providers/
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Based on the information obtained during interviews, observations, and videos it is determined that S1 violated infant C1's personal rights by handling the child in a rough manner.
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Type B
11/02/2023
Section Cited
CCR
101212(d)(1)(D)
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Reporting Requirements...during the operation of the child care center of any of the events...report shall be made to the Department by telephone or fax within the Department's next working day….Any suspected physical or psychological abuse of any child.
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Director stated she will submit LIC 624 to the Department by POC date.
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Based on information gathered by video and interview, Facility faciltiy to reprot personal rights violation after obtaining video proof of the incident.
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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: 10/27/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/27/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 51-CC-20231026080003
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 INFANT CENTER
FACILITY NUMBER: 376105112
VISIT DATE: 10/27/2023
NARRATIVE
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*************THIS IS AN AMENDED REPORT DELIVERED ON 12/19/23***************
The allegation is valid because the preponderance of the evidence has been met, therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12, Chapter 1) the deficiency is being cited on the attached LIC 9099D.

LPA Patrick Ma and Gerald Poindexter informed Director, Coralito Garcia, that this report dated 10/27/23 documents one Type A citation 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 and Poindexter informed the Director to provide a copy of this licensing report dated 10/27/23 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.

Exit interview conducted and report was reviewed with the facility representative 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: 12/19/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/19/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3