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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376701149
Report Date: 07/16/2024
Date Signed: 07/17/2024 08:00:49 AM

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
05/20/2024 and conducted by Evaluator Cindy Meier
COMPLAINT CONTROL NUMBER: 20-CC-20240520084054
FACILITY NAME:WARREN-WALKER SCHOOL - OCEAN BEACHFACILITY NUMBER:
376701149
ADMINISTRATOR:GEOVANI HERNANDEZFACILITY TYPE:
850
ADDRESS:4605 POINT LOMA AVENUETELEPHONE:
(619) 223-3663
CITY:SAN DIEGOSTATE: CAZIP CODE:
92107
CAPACITY:94CENSUS: 48DATE:
07/16/2024
UNANNOUNCEDTIME BEGAN:
10:00 AM
MET WITH:Geovani HernandezTIME COMPLETED:
10:50 AM
ALLEGATION(S):
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Staff has children eat lunch in bathroom as a form of punishment.
INVESTIGATION FINDINGS:
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On July 16, 2024, at 10:40 a.m., Licensing Program Analyst (LPA) Cindy Meier conducted an unannounced complaint inspection to deliver the findings of the above allegation. LPA met with Director, Geovani Hernandez and advised the director of the purpose of the inspection and was led on a tour of the facility. There were forty-eight (48) children present with seven (7) staff members at the time of the inspection.

During the course of the investigation, LPA conducted interviews with facility staff, day-care children, and day-care parents. The staff roster, classroom rosters, facility roster and photographs were obtained and reviewed by LPA.
Based on staff and children interviews conducted, it was determined that on at least one (1) undetermined occasion staff had a day-care child eat lunch while sitting on a yellow bench, located next to the toilet in the children’s bathroom.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Cindy Meier
LICENSING EVALUATOR SIGNATURE:

DATE: 07/16/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/16/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
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Control Number 20-CC-20240520084054
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: WARREN-WALKER SCHOOL - OCEAN BEACH
FACILITY NUMBER: 376701149
VISIT DATE: 07/16/2024
NARRATIVE
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Additionally, six (6) staff and three (3) children stated, on multiple occasions, they have observed children sitting at the same bench in the bathroom for disciplinary reasons.

Based on LPAs interviews which were conducted, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 & Chapter 1), are being cited on the attached LIC 9099D.”

LPA Cindy Meier informed Director, Geovani Hernandez, that this report dated 7/16/24 document(s) (1) Type A citation which shall be posted for 30 consecutive days as there is immediate risk(s) to the health, safety, or personal rights of children in care.

LPA Cindy Meier informed the Director, Geovani Hernandez to provide a copy of this licensing report dated 7/16/24 that documents 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.

Exit interview conducted and report was reviewed with Director, Geovani Hernandez. A copy of this report, along with Appeal Rights (LIC9058 03/22), were provided. A Notice of Site Visit was given and must remain posted for 30 days.
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Cindy Meier
LICENSING EVALUATOR SIGNATURE:

DATE: 07/16/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/16/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 3
Control Number 20-CC-20240520084054
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: WARREN-WALKER SCHOOL - OCEAN BEACH
FACILITY NUMBER: 376701149
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/16/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
07/16/2024
Section Cited
CCR
101223(a)(3)
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101223(a)(3) Personal Rights 101223(a) The licensee shall ensure that each child is accorded the following personal rights:
(3) To be free from…unusual punishment…humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating…or toileting…

This requirement was not met as evidenced by:
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Director immediately removed the bench from the bathroom. Director will conduct an in-service training with staff to review regulations regarding the personal rights of children along with viewing https://ccld.childcarevideos.org/family-child-care-providers/ on Children’s Personal Rights in Child Care. Director stated the sign in sheet of those in attendance will be sent to the SDRO by 7/26/24.
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Based on interviews conducted, the licensee did not comply with the section cited above, as facility staff used a bench, located next to the toilet in the children’s bathroom as a disciplinary tool, in the form of a time-out chair, which poses an immediate 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: Jason Garay
LICENSING EVALUATOR NAME: Cindy Meier
LICENSING EVALUATOR SIGNATURE:

DATE: 07/16/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/16/2024
LIC9099 (FAS) - (06/04)
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