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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376701136
Report Date: 06/27/2024
Date Signed: 06/27/2024 10:46:45 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MISSION VALLEY, 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
04/11/2024 and conducted by Evaluator Michelle Hood
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20240411165127
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: 14DATE:
06/27/2024
UNANNOUNCEDTIME BEGAN:
08:25 AM
MET WITH:Director Thea TafoyaTIME COMPLETED:
11:05 AM
ALLEGATION(S):
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Facility staff did not provide adequate supervision resulting in inappropriate interactions between children in care.

Child sustained an injury by another child while in care.
INVESTIGATION FINDINGS:
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On 06/27/2024 at 8:25 am, Licensing Program Analyst (LPA) Michelle Hood arrived to conduct an unannounced inspection to deliver complaint findings for the above listed allegations. LPA met with the Director Thea Tafoya and toured the facility. During today’s inspection, the LPA observed 14 children with two teachers and two teacher aides.

Throughout the investigation, the LPA conducted interviews with facility staff, daycare parents, daycare children, toured the facility, and reviewed documents & photos. During interviews facility staff mentioned although the class meets the required ratio, it can be challenging to provide proper care. As a result, the facility requires additional staff available to shadow children to provide the neccessary service and needs for the children. Based on interviews, it was determined the facility did not provide appropriate care to safeguard a child against injury. The photos reviewed by the LPA showed bruising on the child which were caused by another child while in care.


Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Michelle HoodTELEPHONE: (619) 767-2241
LICENSING EVALUATOR SIGNATURE:

DATE: 06/27/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/27/2024
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 3
Control Number 20-CC-20240411165127
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MISSION VALLEY, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
FACILITY NAME: NEWBREAK PLAYSCHOOL
FACILITY NUMBER: 376701136
VISIT DATE: 06/27/2024
NARRATIVE
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The preponderance of evidence standard has been met; therefore, the allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 1, are being cited on the attached LIC 9099D.

LPA Hood informed director that this report dated 06/27/2024 document one (1) Type A citation which shall be posted for 30 consecutive days as there is/are immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Hood informed the director to provide a copy of this licensing report dated 06/27/2024 that document one (1) Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

An exit interview was conducted, and the report was reviewed with the Director Thea. The Director was provided with a copy of their appeal rights (LIC 9058 3/22) and their signature on this form acknowledges receipt of these rights. 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: Michelle HoodTELEPHONE: (619) 767-2241
LICENSING EVALUATOR SIGNATURE:

DATE: 06/27/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/27/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 20-CC-20240411165127
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: NEWBREAK PLAYSCHOOL
FACILITY NUMBER: 376701136
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/27/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
06/28/2024
Section Cited
CCR
101229(a)
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101229 Responsibility for Providing Care and Supervision .The licensee shall provide care and supervision as necessary to meet the children's needs.This requirement was not met as evidence by:

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The Director stated she will create a plan that will ensure the staff are competent and have a basis understanding with preschool behavior (challenging). The Director will implement a challenging bahavior training for current and new hires. The plan will be submitted to the LPA no later than 06/28/2024.
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Based on interviews,it was determined the facility did not provide appropriate care to safeguard a child against injury. The photos reviewed by the LPA showed bruising on the waist area of the body which were caused by the child being squeezed by another child while in care.
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Type B
07/25/2024
Section Cited
CCR
101216(a)
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101216 Personnel Requirements(a)Child care center personnel shall be competent to provide the services necessary to meet the individual needs of children in care and shall at all times be employed in numbers sufficient to meet those needs. This requirement was not met as evidence by:
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The Director stated there is a teacher's aide in place. The Director stated during the next monthly all staff meeting she will discuss the the process of when additional staff is needed to met the individual needs of the children. The plan will be submitted to the LPA no later than 07/25/2024.
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During interviews with staff, it was disclosed even though the facility is within ratio, the facility requires additional staff to shadow child to be able to provide the service and needs for the children.
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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: Michelle HoodTELEPHONE: (619) 767-2241
LICENSING EVALUATOR SIGNATURE:

DATE: 06/27/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/27/2024
LIC9099 (FAS) - (06/04)
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