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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376300037
Report Date: 05/09/2025
Date Signed: 05/09/2025 12:57:59 PM

Unsubstantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 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
04/07/2025 and conducted by Evaluator Kelly Gerth
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20250407084836
FACILITY NAME:NCCS N. FIG CDCFACILITY NUMBER:
376300037
ADMINISTRATOR:SONIA SMITHFACILITY TYPE:
850
ADDRESS:950 NORTH FIG STREETTELEPHONE:
(760) 471-5483
CITY:ESCONDIDOSTATE: CAZIP CODE:
92026
CAPACITY:72CENSUS: 23DATE:
05/09/2025
UNANNOUNCEDTIME BEGAN:
12:29 PM
MET WITH:TIME COMPLETED:
01:14 PM
ALLEGATION(S):
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Staff did not follow the terms specified in the plan of operation
Staff wrongfully suspended or expelled child from care (AB 2806)
INVESTIGATION FINDINGS:
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On the above listed date and time, Licensing Program Analyst (LPA) Kelly Gerth made an unannounced visit and met with NCCS N. Fig CDC (CCC) Site Director Sonia Smith to deliver the findings from a complaint made to Community Care Licensing (CCL) on April 07,2025. The complaint CCL received stated the following allegations: Staff did not follow the terms specified in the plan of operation and Staff wrongfully suspended or expelled child from care (AB 2806)
On 04/10/2025, LPA Kelly Gerth made an unannounced visit to conduct investigations regarding the complaint of the above allegations. During the investigation on this date, confidential interviews were conducted with 5 staff, classroom observations were conducted, records reviewed and copies of pertinent records that included: facility roster, communication records, incident reports, and file copies were obtained. Additional interviews conducted and evidence collected on 4/7/25, 4/28/25, 5/2/25 and 5/6/25.
Regarding the allegation, Staff did not follow the terms specified in the plan of operation, LPA found evidence of the RP providing the CCC with ongoing, up to date clinical assessments, therapies and outside interventions for C1, through regular communication via Learning Genie app.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Carlos Martinez
LICENSING EVALUATOR NAME: Kelly Gerth
LICENSING EVALUATOR SIGNATURE:

DATE: 05/09/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/09/2025
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 2
Control Number 10-CC-20250407084836
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501
FACILITY NAME: NCCS N. FIG CDC
FACILITY NUMBER: 376300037
VISIT DATE: 05/09/2025
NARRATIVE
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Communication documents and interviews also revealed that the RP did attempt to communicate with the CCC about supportive strategies that had worked outside of the CCC and had inquired about trying some of the ideas used during outside therapies as well as offered to provide any needed materials for the classroom and staff that would consider trying the behavioral supports. In response, the CCC had minimally documented communication records which reflected that the site director informed the RP that possible use of these support strategies would need further supervisor approval. No further documented updates or discussion from the CCC to the RP about approval or use of RP’s suggested strategies could be confirmed.
Additionally, during interviews, classroom staff stated conflicting ideas of what strategies or plans should be used to support challenging behaviors and provided inconsistent statements about behaviors observed. LPA could not confirm that the CCC had provided support to the RP for possible challenging behaviors exhibited by C1, therefor LPA cannot find evidence that developmentally appropriate guidance was or was not provided to C1 during times of possible challenging behaviors. The CCC did provide evidence of C1’s parent teacher conference and DRDP profile results, an authorization for exchange presented to the RP for the CCC to communicate with other agencies and flexibility with regional assessment appointments occurring at the CCC for C1. As a result of the investigation, there is not enough evidence to prove that the alleged violation did or did not occur, therefore the allegation is deemed UNSUBSTANTIATED.
Regarding the allegation, Staff wrongfully suspended or expelled child from care (AB 2806). At the time of the interviews and delivery of this report, C1 continues to attend the CCC. On two different dates within the last 6 months of attendance, interviews and evidence collected corroborate that the CCC did request that RP pick up C1 earlier than the contracted hours due to incidents involving C1’s behavior. LPA could not confirm that a discussion did or did not take place between the CCC and RP, regarding a change of hours and/ or suspension. Additional evidence gathered showed that the CCC did provide written incident reports documenting staff observed classroom incidents that involved either C1’s behavior towards another child or another’s child’s behavior towards C1, although not provided via email but in person. At this time, there is not a preponderance of evidence to prove the alleged violations did occur, therefore the allegation is UNSUBSTANTIATED.
A copy of this report, appeal rights and Notice of Site Visit were provided to Site Director Sonia Smith and was reminded that the “Notice of Site Visit” must be posted for 30 consecutive days. Failure to post will result in Civil Penalties of $100.00.
SUPERVISORS NAME: Carlos Martinez
LICENSING EVALUATOR NAME: Kelly Gerth
LICENSING EVALUATOR SIGNATURE:

DATE: 05/09/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/09/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 2