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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376701136
Report Date: 04/12/2024
Date Signed: 04/12/2024 03:46:46 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
01/19/2024 and conducted by Evaluator Dana Stevens
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20240119130045
FACILITY NAME:NEWBREAK PLAYSCHOOLFACILITY NUMBER:
376701136
ADMINISTRATOR:TAFOYA, THEAFACILITY TYPE:
850
ADDRESS:4694 CAPE MAY AVENUETELEPHONE:
(619) 241-2910
CITY:SAN DIEGOSTATE: CAZIP CODE:
92107
CAPACITY:45CENSUS: 29DATE:
04/12/2024
UNANNOUNCEDTIME BEGAN:
10:45 AM
MET WITH:Thea TafoyaTIME COMPLETED:
03:50 PM
ALLEGATION(S):
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Staff do not provide adequate supervision to the daycare children.

INVESTIGATION FINDINGS:
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On 04/12/2024 at 10:45 AM, Licensing Program Analyst (LPA) Dana Stevens, conducted an unannounced complaint inspection. LPA met with director Thea Tafoya. There were 29 children and 4 staff present during inspection.

During the investigation, LPA conducted facility inspections, interviews with facility staff, daycare children and daycare parents and reviewed facility records including incident reports.

During interviews and record review it was found that although Director stated three parent conferences were conducted and outside resources were utilized to address the behavior of Child 1 (C1), C1 continues to act aggressively towards other children in care, with 8 incidents of punching, biting and placing hands around children's neck, between 01/04/2024 and 04/09/2024. Based on interviews conducted and reports reviewed, the preponderance of evidence standard has been met, therefore the allegation of Staff do not provide adequate supervision to the daycare children, is SUBSTANTIATED.
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Dana StevensTELEPHONE: (619) 767-2238
LICENSING EVALUATOR SIGNATURE:

DATE: 04/12/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/12/2024
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 6
Control Number 20-CC-20240119130045
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: NEWBREAK PLAYSCHOOL
FACILITY NUMBER: 376701136
VISIT DATE: 04/12/2024
NARRATIVE
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California Code of Regulations, (Title 22, Division 12 & Chapter 3), are being cited on the attached LIC 809-D. This is a repeat violation in the last 12 months, therefore a civil penalty is being issued on the attached LIC421.

Upon Receipt, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months.

Exit interview conducted and report was reviewed with the Director, Thea Tafoya.
A notice of site visit was given and must remain posted for 30 days.
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Dana StevensTELEPHONE: (619) 767-2238
LICENSING EVALUATOR SIGNATURE:

DATE: 04/12/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/12/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 20-CC-20240119130045
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: NEWBREAK PLAYSCHOOL
FACILITY NUMBER: 376701136
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/12/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Deficiency Dismissed
Type A
04/15/2024
Section Cited
CCR
101229(a)(1)
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Responsibility for Providing Care and Supervision - (a) The licensee shall provide care and supervision…(1) No child(ren) shall be left without the supervision of a teacher at any time…Supervision shall include visual observation.

This requirement is not met as evidenced by:
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Director Thea Tafoya stated she would provide to LPA via email an updated action plan to ensure C1's incidents of aggression towards other children in care will not continue.
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Based on interviews conducted and records reviewed, the licensee did not comply with the section cited above, as facility did not provide adequate supervision resulting in C1's continued aggressive actions towards other children, which poses an immediate Health, Safety, or personal rights risk to persons 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.
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Dana StevensTELEPHONE: (619) 767-2238
LICENSING EVALUATOR SIGNATURE:

DATE: 04/12/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/12/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 6
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
01/19/2024 and conducted by Evaluator Dana Stevens
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20240119130045

FACILITY NAME:NEWBREAK PLAYSCHOOLFACILITY NUMBER:
376701136
ADMINISTRATOR:TAFOYA, THEAFACILITY TYPE:
850
ADDRESS:4694 CAPE MAY AVENUETELEPHONE:
(619) 241-2910
CITY:SAN DIEGOSTATE: CAZIP CODE:
92107
CAPACITY:45CENSUS: 29DATE:
04/12/2024
UNANNOUNCEDTIME BEGAN:
10:45 AM
MET WITH:Thea TafoyaTIME COMPLETED:
03:50 PM
ALLEGATION(S):
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Staff do not properly report incidents involving a daycare child.
Staff are not following admission agreement.
Staff do not properly inspect a daycare child.
Staff do not prevent lice outbreaks
INVESTIGATION FINDINGS:
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On 04/12/2024 at 10:45 AM, Licensing Program Analyst (LPA) Dana Stevens, conducted an unannounced complaint inspection for the purpose of delivering findings on the above allegations. LPA met with director Thea Tafoya. There were 29 children and 4 staff present during inspection.

During the investigation, LPA conducted facility inspections, interviews with facility staff, daycare children and daycare parents and reviewed facility records including incident reports, admission policies, parent handbook and Director's electronic communications with staff and daycare families regarding lice.

During interviews and facility record review conflicting information was received and LPA was unable to find a preponderance of evidence to support the above allegations therefore these allegations are deemed UNSUBSTANTIATED.
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Dana StevensTELEPHONE: (619) 767-2238
LICENSING EVALUATOR SIGNATURE:

DATE: 04/12/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/12/2024
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 6
Control Number 20-CC-20240119130045
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: NEWBREAK PLAYSCHOOL
FACILITY NUMBER: 376701136
VISIT DATE: 04/12/2024
NARRATIVE
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A finding of Unsubstantiated means although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur.

Exit interview was conducted and report was reviewed with Director, Thea Tafoya. A copy of this report, along with Appeal Rights (LIC9058), was provided. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Dana StevensTELEPHONE: (619) 767-2238
LICENSING EVALUATOR SIGNATURE:

DATE: 04/12/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/12/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 6