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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376701486
Report Date: 08/05/2025
Date Signed: 08/05/2025 02:36:10 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO 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
05/09/2025 and conducted by Evaluator Victoria Hernandez
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20250509102628
FACILITY NAME:NHA - BROADWAY EARLY LEARNING ACADEMYFACILITY NUMBER:
376701486
ADMINISTRATOR:GUILLERMO ALFARO JRFACILITY TYPE:
830
ADDRESS:475 WEST BROADWAYTELEPHONE:
(619) 614-1500
CITY:SAN DIEGOSTATE: CAZIP CODE:
92101
CAPACITY:42CENSUS: 21DATE:
08/05/2025
UNANNOUNCEDTIME BEGAN:
01:30 PM
MET WITH:Guillermo AlfaroTIME COMPLETED:
03:15 PM
ALLEGATION(S):
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Staff engaged in inappropriate behavior with infant
Staff inappropriately handles infant in care
INVESTIGATION FINDINGS:
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On 08/05/2025 at 12:30 p.m., Licensing Program Analysts (LPAs), Victoria Hernandez and Raina Alexanian conducted an unannounced complaint inspection to deliver the findings for the above allegation. LPA met with Site Supervisor, Guillermo Alfaro, and advised him of the purpose of the inspection and conducted a tour of the facility indoors and outdoors. The site supervisor, eight (8) staff and twenty-one (21) children were present during the inspection.

During the course of the investigation, interviews were conducted with facility and administrative staff and daycare parents. The facility roster and relevant documents were obtained and reviewed by the LPA. Additionally, the LPA reviewed surveillance video footage.
Based on interviews conducted, record review, and review of surveillance video footage, it was determined that on 03/26/25, Staff #2 (S2) inappropriately handled daycare child #2 (C2) by forcefully pulling C2 by the back of their sweater. S2 denied improperly handling any infant; however, a review of facility records indicate on 04/04/25, S2 received a written warning letter, which formally cited three areas of concern:
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Victoria Hernandez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/05/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/05/2025
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 7
Control Number 20-CC-20250509102628
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
FACILITY NAME: NHA - BROADWAY EARLY LEARNING ACADEMY
FACILITY NUMBER: 376701486
VISIT DATE: 08/05/2025
NARRATIVE
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failure to adhere to proper guidelines for the safe physical redirection of a child, inappropriate use of personal phone (taking photos of children) and unprofessional interactions with children. It was further noted that S2 had received prior warnings for inappropriate physical redirection of an infant on three (3) distinct occasions, on 11/06/24, 03/05/25 and 03/26/25. As a result of the 03/26/25 incident, S2 was placed on a three-day administrative leave.

According to the facility’s “Safe Physical Redirection” policy, staff are only allowed to use physical redirection if a child poses a risk of harm to another child. However, the school did not have a CSQI Service Request on file for C2 Additionally, S2 did not complete an ABC checklist form, failed to report the physical redirection to the Site Supervisor, and did not inform the parents of the incident—each of which is required under the procedures outlined in the “Safe Physical Redirection” policy.

Administrative staff denied LPA’s request for a copy of the surveillance. During today’s inspection the licensee representative was reminded of the Department’s authority to inspect, audit, and copy child or child care center records upon demand per CCR Section 101200(c). Records may be removed if necessary for copying, subject to the requirements in Sections 101217(c) and 101221(d). (1)The licensee shall ensure provisions are made for the examination of all records related to the operation of the child care center. A copy of the regulation was provided to the licensee representative during the inspection.



Based on interviews conducted and record review, it was determined that on multiple occasions, S2 engaged in inappropriate acts of physical affection by kissing infants on their cheeks. S2 admitted to taking photos with daycare children and kissing infants on the cheek. S2 acknowledged these actions violate facility policies that explicitly prohibit personal cell phone use during work hours while supervising children. LPA interviewed multiple staff members, one (1) of these individuals stated they had observed S2 on several occasions kissing infants on the cheek while taking photos. Another staff member reported that a parent felt uncomfortable with S2's "touchy-feely" behavior.

Based on LPAs interviews which were conducted and record reviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 & Chapter 1), one (1) Type A citations, one (1) Type B is being cited on the attached LIC 9099D.

LPA Victoria Hernandez informed Site Supervisor, Guillermo Alfaro that this report dated 08/05/25 documents (1) Type A citations which shall be posted for 30 consecutive days as there is immediate risks to the health, safety, or personal rights of children in care.

SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Victoria Hernandez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/05/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/05/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 20-CC-20250509102628
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
FACILITY NAME: NHA - BROADWAY EARLY LEARNING ACADEMY
FACILITY NUMBER: 376701486
VISIT DATE: 08/05/2025
NARRATIVE
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Also, LPA Victoria Hernandez informed the Site Supervisor, Guillermo Alfaro to provide a copy of this licensing report dated 08/05/25 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 the licensee, Site Supervisor, Guillermo Alfaro. A notice of site visit was given and must remain posted for 30 days.

SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Victoria Hernandez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/05/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/05/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 20-CC-20250509102628
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: NHA - BROADWAY EARLY LEARNING ACADEMY
FACILITY NUMBER: 376701486
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/05/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
08/12/2025
Section Cited
CCR
101223(a)(3)
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Personal Rights. 101223 (a) The licensee shall ensure that each child is accorded the following personal rights: (3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature…
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The Site Supervisor states that he will conduct a staff meeting to discuss children's personal rights. Will submit proof to the SDRO.
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This requirement was not met as evidenced by…Based on interviews conducted, record review, and review of surveillance video footage, the licensee did not comply with the section cited above as S2 inappropriately handled C2 by forcefully pulling C2 by the back of their sweater, which poses is 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: Victoria Hernandez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/05/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/05/2025
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 20-CC-20250509102628
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: NHA - BROADWAY EARLY LEARNING ACADEMY
FACILITY NUMBER: 376701486
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/05/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/12/2025
Section Cited
CCR
101223(a)(1)
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Personal Rights. 101223(a) The licensee shall ensure that each child is accorded the following personal rights (1)…dignity in his/her personal relationships with staff and other persons…This requirement was not met as evidenced by:
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The Site Supervisor states that he will conduct a staff meeting to discuss children's personal rights. Will submit proof to the SDRO.
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Based on staff interviews and record review, the licensee did not comply with the section cited above on multiple occasions, as S2 engaged in inappropriate acts of physical affection by kissing infants on their cheeks, which poses a potential health, safety or personal rights risk to the 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: Victoria Hernandez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/05/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/05/2025
LIC9099 (FAS) - (06/04)
Page: 7 of 7