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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 394500610
Report Date: 07/10/2024
Date Signed: 07/10/2024 01:05:52 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
07/05/2024 and conducted by Evaluator David Nguyen
PUBLIC
COMPLAINT CONTROL NUMBER: 53-CC-20240705104345
FACILITY NAME:NINA'S EARLY LEARNING & CHILD CARE CENTERFACILITY NUMBER:
394500610
ADMINISTRATOR:JANELI MERCADOFACILITY TYPE:
830
ADDRESS:2701 MICHIGAN AVENUETELEPHONE:
(209) 475-8871
CITY:STOCKTONSTATE: CAZIP CODE:
95204
CAPACITY:54CENSUS: 17DATE:
07/10/2024
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Mercado, JaneliTIME COMPLETED:
01:15 PM
ALLEGATION(S):
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1. Staff did not provide a safe and comfortable environment for day care children.
INVESTIGATION FINDINGS:
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On July 10th, 2024, at 9:30 AM, Licensing Program Analysts (LPAs) David Nguyen and Janie Davis met Director Janeli Mercado for the purpose of initiating and closing a complaint investigation. LPAs were granted for entry into the facility by Director. Purpose of the inspection was explained. LPAs toured the facility and observed seventeen (17) childcare children being supervised by four (4) childcare teachers.

It was alleged that the “Staff did not provide a safe and comfortable environment for day care children.”

Report continues on LIC9099-C...
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Chayntel Hunter
LICENSING EVALUATOR NAME: David Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
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-20240705104345
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: NINA'S EARLY LEARNING & CHILD CARE CENTER
FACILITY NUMBER: 394500610
VISIT DATE: 07/10/2024
NARRATIVE
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During the investigation, LPA Nguyen toured the facility, observed staff interactions with children in care and ratios and supervision, conducted interviews with teachers and reporting party, and obtained pertinent documents.

Based on interviews with teachers and reporting party, LPA obtained corroborating information from childcare teachers and reporting party. One individual stated that teacher placed the infants under 24 months old on top of the cubbies while she put the shoes on for the infants at pick up times. Staff 2 (S2) admitted to sometimes placing the 12-month-old infants on top of the cubbies while she stood next to them and helped to put their shoes on at pick up times.

Based on corroborating information from teacher’s interviews, there is a preponderance of evidence to prove the alleged violation did occur at the facility. Therefore, the above allegation is found to be SUBSTANTIATED.



The following Title 22 Deficiency is being cited on the subsequent 9099-D page.

Appeal Rights were provided, and LPA posted a Notice of Site Visit which must remain posted for 30 days.

Copy of this report was reviewed and provided to Director. Notice of site visit is posted and shall remain posted for next 30 days.

An exit interview was conducted with Director. A notice of site visit was provided and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

SUPERVISORS NAME: Chayntel Hunter
LICENSING EVALUATOR NAME: David Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
LIC9099 (FAS) - (06/04)
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Control Number 53-CC-20240705104345
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: NINA'S EARLY LEARNING & CHILD CARE CENTER
FACILITY NUMBER: 394500610
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/10/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/12/2024
Section Cited
CCR
101223(a)(2)
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(2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.
This requirement was not met as evidenced by:
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Staff Meeting will be held to focus on Personal Rights & children’s safety. Director will email LPA a sign-in sheet and create a written statement for staff to sign that describes children’s safety for the future.
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Based on the interviews, S2 sometimes placed the infants on top of the cubbies while helping the infants to put their shoes on at pickups which posed a potential health, safety, or personal rights risk to children in care.
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Director will email the signed statements to LPA.
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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: Chayntel Hunter
LICENSING EVALUATOR NAME: David Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
LIC9099 (FAS) - (06/04)
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Control Number 53-CC-20240705104345
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: NINA'S EARLY LEARNING & CHILD CARE CENTER
FACILITY NUMBER: 394500610
VISIT DATE: 07/10/2024
NARRATIVE
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LPA Nguyen conducted observation and interviewed with Director, Teachers, and Reporting Party. This agency has investigated the above allegation. Interviews conducted by LPA with Director, Teachers, and Reporting Party revealed that S4 was a volunteer, and she was never left alone with childcare children in the classroom.

It was also alleged that " Director is not present at the facility for a sufficient number of hours to adequately manage facility operations.” This agency has investigated the above allegation. Interviews conducted by LPA with Director, Teachers, and Reporting Party revealed that S2 was present and in charged of the center when the S1 was absent or on vacation, and S3 was present and in charged of the center when both S1 and S2 were absent.

Based on the information obtained from the interviews with Director, Teachers, and Reporting Party, and the observation during the visit, the allegations were determined to be UNFOUNDED, meaning that the allegations were false, could not have happened and/or are without a reasonable basis.

An exit interview was conducted with the Director, Janeli Mercado. A notice of site visit was provided and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

This is a confidential report.

SUPERVISORS NAME: Chayntel Hunter
LICENSING EVALUATOR NAME: David Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
LIC9099 (FAS) - (06/04)
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