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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376701024
Report Date: 09/30/2024
Date Signed: 09/30/2024 10:57:43 AM

Substantiated


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
07/05/2024 and conducted by Evaluator Kelly Gerth
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20240705161352
FACILITY NAME:INFUSION CHRISTIAN PRESCHOOLFACILITY NUMBER:
376701024
ADMINISTRATOR:THELMA AVILEZFACILITY TYPE:
850
ADDRESS:777 W FELICITA AVENUETELEPHONE:
(760) 746-5030
CITY:ESCONDIDOSTATE: CAZIP CODE:
92025
CAPACITY:75CENSUS: 36DATE:
09/30/2024
UNANNOUNCEDTIME BEGAN:
09:51 AM
MET WITH:Director Thelma AvilezTIME COMPLETED:
11:35 AM
ALLEGATION(S):
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Staff member used an inappropriate form of punishment with day care child(ren) in care.
Staff did not ensure day care child's toileting needs were met while in care.
Staff member yells at day care children in care.
INVESTIGATION FINDINGS:
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 On the above listed date and time, Licensing Program Analyst (LPA) Kelly Gerth arrived unannounced to the CCC to delivering the findings from Control Number 10-CC-20240705161352. LPA Gerth met with Director Thelma Avila and the discussed the above allegations. On 07/10/24, 08/01/24 and 08/12/24, the investigation was opened and subsequent visits were made, where evidence including photos, communication records, staff and center schedules, Admission Agreement, Parent handbook, copies of documents from file reviews were obtained as well as confidential interviews with staff and children were conducted. On 08/13/24 a collateral visit was made where LPA Gerth collected further evidence and conducted additional confidential interviews.
Regarding the allegation Staff member used an inappropriate form of punishment with day care child(ren) in care. During the investigation, the preponderance of evidence revealed in confidential children’s interviews that the time out policy and methods used by the staff members as discipline, were found to be inappropriate and not disclosed in the parent handbook as methods that would be used at the CCC for behavior and/or discipline in classrooms.
See Continuation page
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Carlos MartinezTELEPHONE: (951) 805-5739
LICENSING EVALUATOR NAME: Kelly GerthTELEPHONE: (951) 782-4200
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2024
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 7
Control Number 10-CC-20240705161352
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: INFUSION CHRISTIAN PRESCHOOL
FACILITY NUMBER: 376701024
VISIT DATE: 09/30/2024
NARRATIVE
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Page 2/2

Confidential interviews revealed that some children were made to face a corner and excluded from the class, as a form of discipline and punishment in the classroom. Based on the LPA’s observation, record review and corroborating interviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

Regarding the allegation Staff did not ensure day care child's toileting needs were met while in care. Confidential interviews revealed that there were times that children were made to wait at times to go to the restroom until a staff was available or the need to go became an emergency when it was outside of the classes scheduled bathroom time. Interviews also confirmed that there have been children who have had multiple potty accidents due to the wait time to use the restroom. Therefore, based on the information gathered, the allegation that the child’s toileting needs are not being met is SUBSTANTIATED.

Regarding the allegation Staff yell at the daycare children. During the Investigation, LPA Gerth conducted confidential interviews with children, staff and witnesses and was able to corroborate allegation that Staff yell at the daycare children. Staff interviews deny ever yelling at the children, nor have they overheard other staff yelling at children; however, child interviews and witnesses reported that some staff have a tendency to raise their voice and even yell at children which causes them to be frightened of the staff. Further interviews revealed that one Staff would get close to children’s ears and yell at them to get them to listen and not misbehave. Based on confidential interviews, the allegation was Substantiated.

See Page 9099D for Citations issued



An exit interview was conducted and a copy of this report along with appeal rights were provided to Director Thelma Avilez, A notice of site visit was also provided and must remain posted for 30 days.
SUPERVISOR'S NAME: Carlos MartinezTELEPHONE: (951) 805-5739
LICENSING EVALUATOR NAME: Kelly GerthTELEPHONE: (951) 782-4200
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 10-CC-20240705161352
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: INFUSION CHRISTIAN PRESCHOOL
FACILITY NUMBER: 376701024
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/30/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
09/30/2024
Section Cited
CCR
101223(a)(3)
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101223 Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights (3) To be free from.. [....] This requirement is not met as evidenced by:
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By COB, 10/28/24 Licensee agrees to submit to CCLD, the parent handbook which will outline the behavior and discipline policies used at the CCC. Licensee will provide a training to each staff member on this policy and submit the sign in/out sheet.
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Based on evidence gathered, observation and interviews, it was revealed that the CCC has been using inappropriate forms of punishment in corroborated incidents where the methods were also not disclosed in the parent handbook as measures that would be used at the CCC for behavior and/or discipline policies.
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Type B
09/30/2024
Section Cited
CCR
101223(a)(2)
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101223 Personal Rights (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 is not met as evidenced by:
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Licensee agrees to review the above regulation, create a plan for each classroom, review with all staff and submit both the written plan and sign in/out reviewed with staff, to licensing by COB 10/28/14.
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Based on evidence gathered, observation and interviews, the licensee did not comply with the section cited above where all children in care have not been accorded safe, healthful, and comfortable accommodations, specifically relating to toilet/bathroom access/use.
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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.
SUPERVISOR'S NAME: Carlos MartinezTELEPHONE: (951) 805-5739
LICENSING EVALUATOR NAME: Kelly GerthTELEPHONE: (951) 782-4200
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 10-CC-20240705161352
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: INFUSION CHRISTIAN PRESCHOOL
FACILITY NUMBER: 376701024
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/30/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
09/30/2024
Section Cited
CCR
101223(a)(1)
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101223 Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights (1) To be accorded dignity in his/her personal relationships with staff and other persons.
This requirement is not met as evidenced by:
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By COB on 10/28/24, Facility Representative agrees to provide proof of the cited regulation training for all staff, by submitting sign in/out sheet and training materials used.
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Based on evidence gathered and corroborating interviews, the licensee did not comply with the section cited above in ensuring each childs dignity in his/her relationship with staff, is accorded.
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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.
SUPERVISOR'S NAME: Carlos MartinezTELEPHONE: (951) 805-5739
LICENSING EVALUATOR NAME: Kelly GerthTELEPHONE: (951) 782-4200
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 7
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
07/05/2024 and conducted by Evaluator Kelly Gerth
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20240705161352

FACILITY NAME:INFUSION CHRISTIAN PRESCHOOLFACILITY NUMBER:
376701024
ADMINISTRATOR:THELMA AVILEZFACILITY TYPE:
850
ADDRESS:777 W FELICITA AVENUETELEPHONE:
(760) 746-5030
CITY:ESCONDIDOSTATE: CAZIP CODE:
92025
CAPACITY:75CENSUS: 36DATE:
09/30/2024
UNANNOUNCEDTIME BEGAN:
09:51 AM
MET WITH:Director Thelma AvilezTIME COMPLETED:
11:35 AM
ALLEGATION(S):
1
2
3
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Staff member(s) discourage day care child(ren) in care from reporting incidents to their responsible party.
Staff member retaliated against day care child in care.
Staff did not report incidents involving day care child in care as necessary.
Staff did not ensure that day care child's hygiene needs were met while in care.
INVESTIGATION FINDINGS:
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 On the above listed date and time, Licensing Program Analyst (LPA) Kelly Gerth arrived unannounced to the CCC to delivering the findings from Control Number 10-CC-20240705161352. LPA Gerth met with Director Thelma Avilez and discussed the above allegations. On 07/10/24, 08/01/24 and 08/12/24, the investigation was opened and subsequent visits were made, where evidence including photos, communication records, staff and center schedules, Admission Agreement, Parent handbook, copies of documents from file reviews were obtained as well as confidential interviews with staff and children were conducted. On 08/13/24 a collateral visit was made where LPA Gerth collected further evidence and conducted additional confidential interviews.

See Contiuation page
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Carlos MartinezTELEPHONE: (951) 805-5739
LICENSING EVALUATOR NAME: Kelly GerthTELEPHONE: (951) 782-4200
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 10-CC-20240705161352
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: INFUSION CHRISTIAN PRESCHOOL
FACILITY NUMBER: 376701024
VISIT DATE: 09/30/2024
NARRATIVE
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Page 2/3

Regarding the allegation Staff member(s) discourage day care child(ren) in care from reporting incidents to their responsible party. Investigation findings revealed during confidential interviews do not support children in care feeling afraid to report incidents to teachers. Interviews revealed that Staff were unaware that children felt intimidated by some children as most would express what they wanted without hesitation. Furthermore, communication records obtained supported the findings that the CCC has communication with parents about incidents both during the day and at pick up and /or drop off. At this time there is not a preponderance of evidence to prove the alleged violations did occur, therefore the allegation is UNSUBSTANTIATED.

Regarding the allegation Staff member retaliated against day care child in care, specifically the details in the allegation reporting that children were made to sit in certain seating, interviews with 5/5 staff revealed that children are not made to sit in specific seats. Corroborating interviews and evidence also confirm that for a 2-week lesson plan there is a section where the teachers and the children practice assigned seating. Evidence including photos and communication records also support the findings that the children were not made to sit in specific areas, but the idea was discussed during the classroom time and the tables and seating reflected the lesson plan discussion. The results from the investigation revealed that there is not a preponderance of evidence to prove the allegations did or did not occur, therefore, the allegations are UNSUBSTANTIATED.

Regarding the allegation Staff did not report incidents involving day care child in care as necessary. Specifically referencing the incident in the complaint report, evidence revealed documentation of communication between the CCC and parents supported that incidents had been reported to the parent; however, interviews revealed that staff offered to provide the parent with an “Ouch Report”, but the parent declined. During the investigation, documents obtained also revealed that the CCC had followed the communication policy outlined in the admission agreement.
See continuation page
SUPERVISOR'S NAME: Carlos MartinezTELEPHONE: (951) 805-5739
LICENSING EVALUATOR NAME: Kelly GerthTELEPHONE: (951) 782-4200
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 10-CC-20240705161352
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: INFUSION CHRISTIAN PRESCHOOL
FACILITY NUMBER: 376701024
VISIT DATE: 09/30/2024
NARRATIVE
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Page 3/3

Copies of records and files reviewed also supported the finding that the CCC had reported incidents as outlined in their handbook. Based on the information collected and reviewed during the investigation, there is not a preponderance of evidence to prove the allegation did or did not occur, therefore, the allegations are UNSUBSTANTIATED.

Regarding the allegation Staff did not ensure that day care child's hygiene needs were met while in care. During the investigation, confidential interviews conducted revealed that 5/5 staff members offer the assistance to children when a child has a toilet accident and/or needs to change clothing. Interviews with children corroborated that the staff would offer assistance and would allow the child to decide if they wanted help from the Staff but would not infringe on their personal rights if they declined. Based on additional interviews and documents reviewed, the timeline the allegation alleges occurred cannot be proven, therefore the allegations may have happened but there is not a preponderance of evidence to prove the allegations did or did not occur, therefore, the allegations are UNSUBSTANTIATED.

An exit interview was conducted and a copy of this report along with appeal rights were provided to Director Thelma Avilez, A notice of site visit was also provided and must remain posted for 30 days.

SUPERVISOR'S NAME: Carlos MartinezTELEPHONE: (951) 805-5739
LICENSING EVALUATOR NAME: Kelly GerthTELEPHONE: (951) 782-4200
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2024
LIC9099 (FAS) - (06/04)
Page: 7 of 7