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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376300340
Report Date: 07/25/2022
Date Signed: 07/25/2022 03:01:55 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
05/13/2022 and conducted by Evaluator Jessica M Rubio
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20220513173835
FACILITY NAME:CREATIVE LEARNING CENTERFACILITY NUMBER:
376300340
ADMINISTRATOR:HERNANDEZ,MARIAFACILITY TYPE:
830
ADDRESS:650 DOUGLAS DR #101TELEPHONE:
(760) 805-6478
CITY:OCEANSIDESTATE: CAZIP CODE:
92058
CAPACITY:12CENSUS: 4DATE:
07/25/2022
UNANNOUNCEDTIME BEGAN:
02:00 PM
MET WITH:Director Maria HernandezTIME COMPLETED:
03:05 PM
ALLEGATION(S):
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Facility is not practicing safe sleep.
INVESTIGATION FINDINGS:
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On July 25, 2022 at 2:00 pm, Licensing Program Analyst (LPA), Jessica Rubio met with Creative Learning Center (CCC), Director (AD), Maria Hernandez to discuss the investigative finding of the allegation listed above. On May 20, 2022 at 9:17 am, LPA conducted a tour and census of the CCC. LPA observed potential safety hazards and immediately addressed it with AD. LPA reviewed C1’s file and requested C1’s sleep plan and sleep logs.

On May 17, 2022, Community Care Licensing received an allegation that facility is not practicing safe sleep; specifically, that staff swaddle infants in care and place infants face down to sleep. During the facility tour at CCC on 5/20/2022, upon entering the nap room, LPA observed five empty cribs.
(Continued on LIC 9099-C)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Pauline Beschorner
LICENSING EVALUATOR NAME: Jessica M Rubio
LICENSING EVALUATOR SIGNATURE:

DATE: 07/25/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/25/2022
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-20220513173835
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: CREATIVE LEARNING CENTER
FACILITY NUMBER: 376300340
VISIT DATE: 07/25/2022
NARRATIVE
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LPA observed one crib that had three swaddle blankets/sleep sacks hanging on the side, as well as a blanket hanging on the side and a blanket inside the crib. LPA observed another swaddle blanket/sleep sack on the floor and a boppy pillow hanging over the sides of two cribs that were butted up against each other. LPA observed another crib that had a blanket hanging over the side. An interview revealed that staff are using the wraps on infants when placing them in the crib for naps. Interview and record review also revealed that staff are not documenting the 15-minute sleep checks of napping infants.

Based on interviews, observations and record review, the preponderance of evidence standard has been met. The department has determined the allegation facility is not practicing safe sleep is substantiated. The facility is being cited for violation of Child Care Center Title 22 Regulation Section 101429 (a)(2)(B) Responsibility for Providing Care & Supervision for Infants and 101430 (a)(3)(C) Infant care Activities.

An exit interview was conducted and a copy of this report, LIC 811 and appeal rights were discussed and provided to Director Maria Hernandez. 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: 07/25/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/25/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 10-CC-20220513173835
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: CREATIVE LEARNING CENTER
FACILITY NUMBER: 376300340
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/25/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/01/2022
Section Cited
CCR
101429(a)(2)(B)
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Responsibility for Providing Care and Supervision for Infants...(B) Staff shall physically check on sleeping infant(s) every 15 minutes and document the following: 1. Labored breathing. 2. Signs of distress… This requirement was not met as evidenced by:
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Director stated that all infant staff have been retrained on Infant Safe Sleep Regulations and have begun documenting 15 minute checks. Director will provide proof of a sleep log to LPA.
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Based on interview and record review, the facility is not documenting checks on sleeping infants every 15 minutes which poses a potential health and safety risk to children in care.
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Type B
08/01/2022
Section Cited
CCR
101430(a)(3)(C)
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Infant Care Activities...(3) All infants shall be given the opportunity to sleep without distraction or disturbance...(C) An infant shall not be swaddled while in care.This requirement was not met as evidenced by:
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Director stated all infant staff have been retrained on Infant Safe Sleep Regulations. All blankets and swaddle blankets have been removed from the infant nap room and are no longer used. LPA verified this on site.
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Based on confidential interviews and observations, the facility was swaddling infants in care, which is a potential health and safety 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: 07/25/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/25/2022
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
05/13/2022 and conducted by Evaluator Jessica M Rubio
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20220513173835

FACILITY NAME:CREATIVE LEARNING CENTERFACILITY NUMBER:
376300340
ADMINISTRATOR:HERNANDEZ,MARIAFACILITY TYPE:
830
ADDRESS:650 DOUGLAS DR #101TELEPHONE:
(760) 805-6478
CITY:OCEANSIDESTATE: CAZIP CODE:
92058
CAPACITY:12CENSUS: 4DATE:
07/25/2022
UNANNOUNCEDTIME BEGAN:
02:00 PM
MET WITH:Director Maria HernandezTIME COMPLETED:
03:05 PM
ALLEGATION(S):
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9
Child sustained injuries while in care.
INVESTIGATION FINDINGS:
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On July 25, 2022 at 2:00 pm, Licensing Program Analyst (LPA), Jessica Rubio met with Creative Learning Center (CCC), Director (AD), Maria Hernandez to discuss the investigative finding of the allegation listed above. On May 20, 2022 at 9:17 am, LPA conducted a tour and census of the CCC. Investigator (IB), Thomas Smith conducted the investigation regarding the allegation. During the investigation, confidential interviews were conducted with AD, and three staff (S1, S2, and S3). Interviews were also conducted with a San Diego County Social worker (CSW) and an Oceanside Police Department Detective. IB also conducted interviews with medical professionals and obtained and reviewed copies of medical assessments of C1.
On May 17, 2022, a complaint was received alleging child sustained injuries while in care; specifically, that C1 sustained bruising to the top of C1’s right ear and the inner part of C1’s left ear at the CCC on 5/12/2022. (Continued on LIC 9099-C)
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Pauline Beschorner
LICENSING EVALUATOR NAME: Jessica M Rubio
LICENSING EVALUATOR SIGNATURE:

DATE: 07/25/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/25/2022
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-20220513173835
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: CREATIVE LEARNING CENTER
FACILITY NUMBER: 376300340
VISIT DATE: 07/25/2022
NARRATIVE
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Record review revealed C1 attended the CCC on 5/12/2022 from approximately 8 am to 3:30 pm. It was revealed that on 5/12/2022, C1 woke from a nap at CCC fussier than usual and staff informed C1’s parent. Upon C1 being picked up from the CCC, staff noticed that C1’s ears were red, however, no bruising on C1’s ears were observed at that time. Interviews further revealed due to C1’s fair complexion, it was not unusual for C1’s face and ears to be red due to being outside or crying. Confidential interviews with staff revealed that C1 did not have any accidents or incidents which would have caused injury or bruising to C1’s ears. Record review revealed that throughout the night of 5/12/2022 C1 was fussy, pulled on their ear and would not let anyone touch their ear. On the morning of 5/13/2022, the bruising on C1’s ears developed. Review of C1’s medical report revealed ear bruises are uncommon accidental injuries and highly specific to inflicted injury, often related to pinching, pulling or twisting of the ear and that accidental falls very rarely causes trauma to the ear. The medical report further revealed it is likely that C1’s injury occurred at the daycare, however, could not exclude the possibility the injury could have occurred elsewhere. The interview with CSW revealed it was not believed that C1’s injury was sustained at C1’s home. An additional interview with a medical professional further revealed a time frame could not be provided of how long it would take bruising to appear once the injury occurred to the area.

Based on conflicting information obtained in the confidential interviews and record review, C1 did sustain injuries, however, there is a lack of evidence and information to determine where, how or by whom C1’s injuries were sustained. Therefore, the above allegation is unsubstantiated. A copy of this report, LIC 811 and appeal rights were explained and provided to Maria Hernandez.
SUPERVISORS NAME: Pauline Beschorner
LICENSING EVALUATOR NAME: Jessica M Rubio
LICENSING EVALUATOR SIGNATURE:

DATE: 07/25/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/25/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 5