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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376701404
Report Date: 01/24/2025
Date Signed: 01/24/2025 01:15:30 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
11/18/2024 and conducted by Evaluator Gerald Poindexter
PUBLIC
COMPLAINT CONTROL NUMBER: 51-CC-20241118090829
FACILITY NAME:PLAYHOUSE PRESCHOOL INFANT CENTERFACILITY NUMBER:
376701404
ADMINISTRATOR:RUBY TOVARFACILITY TYPE:
830
ADDRESS:6545 BALBOA AVENUE, SUITE BTELEPHONE:
(858) 279-2009
CITY:SAN DIEGOSTATE: CAZIP CODE:
92111
CAPACITY:43CENSUS: 14DATE:
01/24/2025
UNANNOUNCEDTIME BEGAN:
12:15 PM
MET WITH:Rubi TovarTIME COMPLETED:
01:30 PM
ALLEGATION(S):
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Staff is not using equipment as intended by manufacturer
INVESTIGATION FINDINGS:
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On 1/24/25 at 12:15 pm, Licensing Program Analyst (LPA) Gerald Poindexter made an unannounced visit for the complaint received on 11/18/24 for the purpose of delivering findings on the above reference allegation. LPA met with Rubi Tovar, center director. The following ratios were observed today: 14 infants and 6 staff. Facility is with ratio.

It was alleged that “staff is not using equipment as intended by manufacturer.” The detail of the allegation specifically references that high chairs are used for extended periods for non-feeding purposes. During the course of the investigation, LPA Poindexter interviewed the Reporting Party (RP), facility staff, and parents. One staff member acknowledged that at least one child in care has been restricted in a high chair, for up to five minutes, as a “time out” disciplinary measure. This was due to a behavioral pattern of acting out against other children. Several other staff noted that by such equipment is typically used only for feeding or play or learning activities – never for discipline.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Joelle Redding
LICENSING EVALUATOR NAME: Gerald Poindexter
LICENSING EVALUATOR SIGNATURE:

DATE: 01/24/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2025
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-20241118090829
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: PLAYHOUSE PRESCHOOL INFANT CENTER
FACILITY NUMBER: 376701404
VISIT DATE: 01/24/2025
NARRATIVE
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Based on the information obtained during interviews, it is determined that the allegation is valid because the preponderance of the evidence has been met, therefore, the allegation is found to be SUBSTANTIATED.

See LIC9099D for Type B deficiencies and civil penalty cited.

Exit interview conducted and report was reviewed with Rubi Tovar, center director. 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. Appeal rights were provided.
SUPERVISORS NAME: Joelle Redding
LICENSING EVALUATOR NAME: Gerald Poindexter
LICENSING EVALUATOR SIGNATURE:

DATE: 01/24/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 51-CC-20241118090829
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: PLAYHOUSE PRESCHOOL INFANT CENTER
FACILITY NUMBER: 376701404
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/24/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
02/23/2025
Section Cited
CCR
101223(a)(2)
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Personal Rights: (a)The licensee shall ensure that each child is accorded the following personal rights...(2) To be accorded safe, healthful, aequirement was not met as evidenced bnd comfortable accommodations, furnishings, and equipment to meet his/her needs. This requirement was not met as evidenced by:
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Ms. Tovar states that there will be a staff meeting conducted by the plan of correction date to address appropriate personal rights and appropriate discipline, using this incident as an example.
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Based on interviews, a staff member acknowledged restricting a child in a high chair for discipline, a purpose other than the intended uses of the furniture, which poses a potential health, safety, or personal rights risk to children in care.
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A signed roster and agenda of the staff meeting will be sent to Licensing, via email, by 2/23/25.
Type B
02/23/2025
Section Cited
CCR
101223.2(a)
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Discipline: (a) Any form of discipline or punishment that violates a child's personal rights as specified in Section 101223 shall not be permitted regardless of authorized representative consent or authorization. This requirement was not met as evidenced by:
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Licensee and director states that there will be a staff meeting conducted by the plan of correction date to address appropriate personal rights and appropriate discipline, using this incident as an example, and addressing what to do when children target their peers.
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Based on interview, a staff member acknowledged restricting a child in a high chair for up to five minutes, for their actions against other children and as tia “me out” disciplinary measure, which poses a potential health, safety, or personal rights risk to children in care.
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A signed roster and agenda of the staff meeting will be sent to Licensing, via email, by 2/23/25.
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: Joelle Redding
LICENSING EVALUATOR NAME: Gerald Poindexter
LICENSING EVALUATOR SIGNATURE:

DATE: 01/24/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 5
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
11/18/2024 and conducted by Evaluator Gerald Poindexter
COMPLAINT CONTROL NUMBER: 51-CC-20241118090829

FACILITY NAME:PLAYHOUSE PRESCHOOL INFANT CENTERFACILITY NUMBER:
376701404
ADMINISTRATOR:RUBY TOVARFACILITY TYPE:
830
ADDRESS:6545 BALBOA AVENUE, SUITE BTELEPHONE:
(858) 279-2009
CITY:SAN DIEGOSTATE: CAZIP CODE:
92111
CAPACITY:43CENSUS: 14DATE:
01/24/2025
UNANNOUNCEDTIME BEGAN:
12:15 PM
MET WITH:Rubi TovarTIME COMPLETED:
01:30 PM
ALLEGATION(S):
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Facility staff is not meeting child's diapering needs
Staff did not ensure supervision was provided resulting an unsafe environment
Staff are not reporting incidents to responsible party
Facility did not address pest infestation in a timely manner
INVESTIGATION FINDINGS:
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On 1/24/25 at 12:15pm, Licensing Program Analyst (LPA) Gerald Poindexter made an unannounced visit for the complaint received on 11/18/24 for the purpose of delivering findings on the above reference allegations. LPA met with Rubi Tovar, center director. The following ratios were observed today: 14 infants and 6 staff. Facility is with ratio.

During the course of the investigation, LPA Poindexter interviewed the Reporting Party (RP), the licensee, facility staff, and parents, as well as reviewed facility documents, photographs, and text messages.

It was alleged that “facility staff is not meeting child's diapering needs” and that “staff did not ensure supervision was provided resulting an unsafe environment.” These allegations reference an incident on 9/12/24 in which child C1 experienced an extreme bowel movement described by the RP as a ”blowout,” that was not attended to by staff. LPA
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Joelle Redding
LICENSING EVALUATOR NAME: Gerald Poindexter
LICENSING EVALUATOR SIGNATURE:

DATE: 01/24/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2025
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 5
Control Number 51-CC-20241118090829
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: PLAYHOUSE PRESCHOOL INFANT CENTER
FACILITY NUMBER: 376701404
VISIT DATE: 01/24/2025
NARRATIVE
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determined that there was conflicting staff information about the severity of the “blowout,” the child’s reaction/action following the incident, and the extent of supervision – namely, the timeliness of the staff response in relation to when the incident occurred.

It was alleged that “staff are not reporting incidents to responsible party.” This allegation references an incident on 10/22/24 in which child C1, received a scratch from another student. LPA reviewed documentation showing that at least three staff were aware of the incident and that at least one staff verbalized the incident to the child’s parent. Through interviews, the licensee and staff identified common reporting processes including verbal or written documentation to senior staff or to a child’s parent. Other potentially unreported incidents were mentioned by the RP, but without supporting information. Parents interview expressed no concerns or issues with how injury incidents are reported.

It was alleged that “facility did not address pest infestation in a timely manner.” The RP identified October 2024 as the time period when fleas and bedbugs went unaddressed. LPA determined that infestation was present and was addressed with pest control and carpet cleaning. However, interviews with staff resulted in conflicting information – specifically, the approximate timeline of when pests were present (July through October), who was affected (staff or children), and when facility’s leadership responded to the issue.

Based on the information obtained during interviews and documentation reviewed it is determined that
the above allegations cannot be proven or disproven. Therefore, they are considered UNSUBSTANTIATED. A finding that the complaint is unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred.

Exit interview conducted and report was reviewed with Rubi Tovar, center director. Notice of site visit was provided and must be posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Appeal rights were provided.
SUPERVISORS NAME: Joelle Redding
LICENSING EVALUATOR NAME: Gerald Poindexter
LICENSING EVALUATOR SIGNATURE:

DATE: 01/24/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2025
LIC9099 (FAS) - (06/04)
Page: 5 of 5