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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376700393
Report Date: 05/08/2024
Date Signed: 05/08/2024 04:40:11 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO N. CC RO, 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
04/30/2024 and conducted by Evaluator Keturah Lane
PUBLIC
COMPLAINT CONTROL NUMBER: 51-CC-20240430081654
FACILITY NAME:LINDA VISTA STATE PRESCHOOLFACILITY NUMBER:
376700393
ADMINISTRATOR:NINA MAURICA-DIXONFACILITY TYPE:
850
ADDRESS:2772 ULRIC STREETTELEPHONE:
(858) 800-5450
CITY:SAN DIEGOSTATE: CAZIP CODE:
92111
CAPACITY:24CENSUS: 35DATE:
05/08/2024
UNANNOUNCEDTIME BEGAN:
10:00 AM
MET WITH:Miriam AtlasTIME COMPLETED:
02:00 PM
ALLEGATION(S):
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Staff engaged in verbal altercation in the presence of daycare children
Staff left daycare children alone with assistants
INVESTIGATION FINDINGS:
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On 5/8/24 at 10:00 AM, Licensing Program Analyst (LPA) Keturah Lane conducted an unannounced initial 10-day visit for the complaint received on 5/1/24 regarding the above allegations. Upon arrival, LPA signed in at the office and introduced herself to the front staff. Principal Miriam Atlas greeted LPA and LPA explained the reason for the visit. LPA toured classroom #5 and spoke with special education teacher Ruth Pallais who was alone in the classroom. Ms. Pallais stated the children were on the playground and took LPA to playground. LPA observed a total of 17 children (AM Program) on the playground with substitute UTK teacher Eunice Sutherland and assistants Nina Earls, Anthony Rios and Jazmin Villa-Lobos.
LPA observed children transition from playground to lunch. This facility has an AM program and a PM program. The AM program children leave after lunch at 11:15. There is a break of one hour in between programs and the PM program starts at 12:15 PM and ends at 3:15 PM. During the afternoon program, LPA observed a total of 18 children in the classroom with Substitute Teacher NAME and assistants listed above. (continued on LIC9099-C...)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Tashima Daniel
LICENSING EVALUATOR NAME: Keturah Lane
LICENSING EVALUATOR SIGNATURE:

DATE: 05/08/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/08/2024
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
Control Number 51-CC-20240430081654
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO N. CC RO, 7575 METROPOLITAN DR STE 110
SAN DIEGO, CA 92108
FACILITY NAME: LINDA VISTA STATE PRESCHOOL
FACILITY NUMBER: 376700393
VISIT DATE: 05/08/2024
NARRATIVE
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During this visit, LPA observed transitions in classroom, obtained documents and interviewed four staff members and Principal (Director). Based upon interviews with reporting party and staff members, it was determined that a verbal altercation between staff members did occur in the presence of daycare children on 4/29/24 and that children were left with assistants multiple times without a qualified teacher over the past few months. The allegations are valid because the preponderance of evidence has been met, therefore the above allegations have been found to be SUBSTANTIATED. See LIC9099D for Type B deficiencies cited.

Exit interview was conducted and report was reviewed with facility representative Principal Miriam Atlas. Notice of site visit was provided and must be posted for 30 days.
SUPERVISORS NAME: Tashima Daniel
LICENSING EVALUATOR NAME: Keturah Lane
LICENSING EVALUATOR SIGNATURE:

DATE: 05/08/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/08/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 51-CC-20240430081654
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO N. CC RO, 7575 METROPOLITAN DR STE 110
SAN DIEGO, CA 92108

FACILITY NAME: LINDA VISTA STATE PRESCHOOL
FACILITY NUMBER: 376700393
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/08/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
05/09/2024
Section Cited
CCR
101223(a)(1)
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(a) The licensee shall ensure that each child is accorded the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidenced by…
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Both staff members were spoken to and staff have been advised to put any confrontational situations in writing and Principal is copied on it. Corrective measures have been taken to ensure it doesn't happen again.
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Based upon staff interviews, a verbal altercation occurred between staff members in front of parents and daycare children on 4/29/24 which is a potential health, safety and personal rights risk to children in care.
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Director also stated that the AM and PM programs going forward will have uniform procedures (gatekeeper procedure) to aid with communication between teachers and resolve conflicts. Principal stated she would send new procedures to LPA Lane via email by 5/9/24.
Type B
05/09/2024
Section Cited
CCR
101216.2(e)
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101216.2 Teacher Aide Qualifications and Duties
(e) An aide shall work only under the direct supervision of a teacher. This requirement was not met as evidenced by…
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Principal stated she has already addressed this violation, spoke with personnel on 2/26/24 in the classroom and corrected it. It has not happened again. Principal will send proof of meeting via e-mail to LPA Lane by 5/9/24 with staff signatures present.
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Based upon staff interviews, assistants were requested to do activities with groups of children outside the classroom without a qualified teacher numerous times which is a potential health, safety and 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: Tashima Daniel
LICENSING EVALUATOR NAME: Keturah Lane
LICENSING EVALUATOR SIGNATURE:

DATE: 05/08/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/08/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 5