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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 390301320
Report Date: 04/12/2024
Date Signed: 04/12/2024 01:58:50 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827
This is an official report of an unannounced visit/investigation of a complaint received in our office on
01/30/2024 and conducted by Evaluator Elvira Sierra
COMPLAINT CONTROL NUMBER: 53-CC-20240130153524
FACILITY NAME:NEWDAY NURSERY SCHOOLFACILITY NUMBER:
390301320
ADMINISTRATOR:MARLE RIVASFACILITY TYPE:
850
ADDRESS:4910 CLAREMONT AVENUETELEPHONE:
(209) 957-4089
CITY:STOCKTONSTATE: CAZIP CODE:
95207
CAPACITY:49CENSUS: 18DATE:
04/12/2024
UNANNOUNCEDTIME BEGAN:
12:15 PM
MET WITH:Marle RivasTIME COMPLETED:
02:05 PM
ALLEGATION(S):
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Ratio-Staff are operating out of ratio
INVESTIGATION FINDINGS:
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On 04/12/24 Licensing Program Analyst (LPA) Elvira Sierra met with Director, Marla Rivas to conduct an unannounced complaint visit to deliver findings for the above complaint allegation. Upon arrival present in the facility were five staff caring for 18 children.

According to the Reporting Party (RP), staff is operating out of ratio. During unannounced inspection visit dated 02/07/24, LPA observed a teacher caring for 13 children in the Rainbow classroom. Director moved one of the children to a different classroom immediately bringing the classroom in compliance with teacher/child ratio. Director stated that facility has never been out of ratio but at the time that LPA arrived on 02/07/24 classrooms were in transition and there was a miscommunication between staff. Based on observation and interviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

Report continues on subsuquent page 809C--
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Bettina Engelman
LICENSING EVALUATOR NAME: Elvira Sierra
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 5
Control Number 53-CC-20240130153524
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827
FACILITY NAME: NEWDAY NURSERY SCHOOL
FACILITY NUMBER: 390301320
VISIT DATE: 04/12/2024
NARRATIVE
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The following Title 22 Deficiency is being cited on the subsequent 9099-D page. Upon receipt of Type A citations, Staff shall post and provide copies of the LIC 9099-D for parents/guardians of children in care and for parents/guardians of newly enrolled children for the next 12 months. Facility must also keep the signed LIC 9224, acknowledging receipt of LIC 9099-D in each child's file. Exit interview was conducted. This report and Appeal Rights were provided and discussed with Director, Marla Rivas. Notice of Site Visit posted.
SUPERVISORS NAME: Bettina Engelman
LICENSING EVALUATOR NAME: Elvira Sierra
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 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827
This is an official report of an unannounced visit/investigation of a complaint received in our office on
01/30/2024 and conducted by Evaluator Elvira Sierra
PUBLIC
COMPLAINT CONTROL NUMBER: 53-CC-20240130153524

FACILITY NAME:NEWDAY NURSERY SCHOOLFACILITY NUMBER:
390301320
ADMINISTRATOR:MARLE RIVASFACILITY TYPE:
850
ADDRESS:4910 CLAREMONT AVENUETELEPHONE:
(209) 957-4089
CITY:STOCKTONSTATE: CAZIP CODE:
95207
CAPACITY:49CENSUS: 18DATE:
04/12/2024
UNANNOUNCEDTIME BEGAN:
12:15 PM
MET WITH:Marle RivasTIME COMPLETED:
02:05 PM
ALLEGATION(S):
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Neglect/Lack of Supervision-Staff are not properly supervising daycare children
Reporting Requirements-Staff did not provide child’s authorized representative with an incident report
INVESTIGATION FINDINGS:
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On 04/12/24, Licensing Program Analyst (LPA) Elvira Sierra met with Director, Marla Rivas to conduct an unannounced complaint visit to deliver findings for the above allegations. Upon arrival present in the facility were five staff caring for 18 children.
Reporting Party (RP) alleged staff are not properly supervising daycare children and did not provide child’s authorized representative with an incident report. During the investigation LPA conducted interviews with staff, parents and obtained pertinent documents. Interviews with staff revealed that staff are not allowed to use their phone while supervising the children. Director stated staff have their phone on them in case of an emergency. Interviews with staff revealed that parents are inform of any incidents following Licensing regulations by calling, in person or by text. Staff will document the incident and will discuss the incident with the parent. Interviews with parents did not corroborate the allegations and reported to have no concerns regarding the care and supervision.

Report continues on subsuquent page 809C--
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Bettina Engelman
LICENSING EVALUATOR NAME: Elvira Sierra
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: 3 of 5
Control Number 53-CC-20240130153524
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827
FACILITY NAME: NEWDAY NURSERY SCHOOL
FACILITY NUMBER: 390301320
VISIT DATE: 04/12/2024
NARRATIVE
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Director denied the allegations stating that complaint could be a form of retaliation from former staff member that was let go. LPA could not obtained additional details due to the complaint was reported anonymously.

Based on interviews conducted and observations while at the facility, there is not a preponderance of evidence to prove or disprove the allegations did or did not occur, therefore the above allegations are found to be UNSUBSTANTIATED. Exit interview was conducted. This report and Appeal Rights were provided and discussed with Director, Marla Rivas. Notice of Site Visit posted.
SUPERVISORS NAME: Bettina Engelman
LICENSING EVALUATOR NAME: Elvira Sierra
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: 4 of 5
Control Number 53-CC-20240130153524
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO S. CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827

FACILITY NAME: NEWDAY NURSERY SCHOOL
FACILITY NUMBER: 390301320
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/12/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
04/15/2024
Section Cited
CCR
101216.3
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101216.3 (a)
Teacher-Child Ratio
(a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance. This requirements was not met as evidence by:
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POC; Director ans Asistant Director stated that from now on they will double check the teachers counts more accurate.
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On inspection visit dated 02/07/24 LPA observed one teacher with 13 children in the rainbow classroom. This is a violation that if not corrected poses an inmediate rsk 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: Bettina Engelman
LICENSING EVALUATOR NAME: Elvira Sierra
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: 5 of 5