<meta name="robots" content="noindex">
Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 493010037
Report Date: 09/10/2021
Date Signed: 09/10/2021 05:38:32 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/27/2021 and conducted by Evaluator Nicolette Cunningham
COMPLAINT CONTROL NUMBER: 01-CC-20210527131228
FACILITY NAME:MELBROOKS SCHOOLFACILITY NUMBER:
493010037
ADMINISTRATOR:AL-VIGIL, ANAFACILITY TYPE:
850
ADDRESS:3535 INDUSTRIAL DRIVE B4TELEPHONE:
(707) 708-8676
CITY:SANTA ROSASTATE: CAZIP CODE:
95403
CAPACITY:30CENSUS: DATE:
09/10/2021
UNANNOUNCEDTIME BEGAN:
09:14 AM
MET WITH:TIME COMPLETED:
09:15 AM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Licensee did not ensure qualified Director was on facility premises during hours of operation

Unqualified staff left alone with children in care
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
Licensing Program Analyst (LPA), N. Cunningham met with Center Director, Sheldon El to deliver findings regarding the above allegations. The meeting was scheduled to take place at Community Care Licensing (CCL) Rohnert Park Office since the licensee stated that she does not have access to the facility. At 2:30pm, Licensee El sent a message that she stating that she is unable to travel to CCL office so the meeting was conducted via Zoom.
LPA Cunningham previously met with the licensee on 06/03/21 to discuss the allegations, make observations, and request staff transcripts, staff contact information, and facility roster, which the licensee agreed to provide by 06/04/21. On 06/03/21, the licensee stated that the facility director recently quit, and she was in the process of hiring another director. On 06/09/21, The licensee informed CCL that she closed the facility on 06/10/21 due to the lease expiring, and it is unknown if the facility will resume operation. On 06/10/21, the licensee provided staff transcripts for five staff members. The licensee also stated that the former director was not on site at all times when they were employed. On 08/25/21, Licensee El provided LPA with the remaining documents requested on 06/03/21.
Continued on LIC 9099.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Nicolette Cunningham
LICENSING EVALUATOR SIGNATURE:

DATE: 09/10/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/10/2021
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 01-CC-20210527131228
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928
FACILITY NAME: MELBROOKS SCHOOL
FACILITY NUMBER: 493010037
VISIT DATE: 09/10/2021
NARRATIVE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Documentation, the licensee statement, and witness statements corroborate the allegation that the licensee did not ensure a qualified director was on facility premises during hours of operation. Multiple witness statements revealed that the licensee and Staff 3 worked in the roll of a teacher; documentation confirmed that the licensee and Staff 3 do not have the required units to be a qualified teacher.

Based on interviews and facility documents, the preponderance of evidence standard has been met; therefore, the above allegations are found to be substantiated. This report was reviewed and discussed with the licensee.

The California Code of Regulations 101215.1 (d) and 101216.(b)(1) of the Title 22, Division 12 & Chapter 1, are being cited on LIC 9099D. This report was discussed and reviewed with licensee and an Exit interview was conducted. Notice of Site Visit shall be posted for 30 days. Appeal Rights were provided.

Licensee's signature is not on file, however, a copy of this Complaint Investigation Report (LIC 9099) was provided to Licensee; and confirmation of receipt is on file.
SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Nicolette Cunningham
LICENSING EVALUATOR SIGNATURE:

DATE: 09/10/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/10/2021
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 01-CC-20210527131228
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928

FACILITY NAME: MELBROOKS SCHOOL
FACILITY NUMBER: 493010037
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/10/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
09/24/2021
Section Cited
CCR
101215.1(d)
1
2
3
4
5
6
7
The child care center director, or the substitute director as specified in (f) below, shall be on the premises during the hours the center is in operation.
1
2
3
4
5
6
7
The Director stated a staff member recently completed 3 administration ECE units, therefore, is now a qualified to be a director. The director stated that when the facility reopens that she will ensure a qualified director is on site during operation. The licensee stated she will review Regulation 101215.1 and sign acknowledging that she has read and understands this regulation.
8
9
10
11
12
13
14
This requirement is not met by evidence by: Licensee’s statement that the director is no longer employed at the facility and multiple statements that the director was not always on the premises during hours of operation. This poses a potential health and safety risk to the children in care.
8
9
10
11
12
13
14
email: nicolette.cunningham@dss.ca.gov
public email: cclrpregionalofficegeneral@dss.ca.gov
Fax: 707-588-5099
Type B
09/24/2021
Section Cited
CCR
101216.1(b)
1
2
3
4
5
6
7
Prior to employment, a teacher shall meet the requirements of (b)(1) or (b)(2) below:A teacher shall have completed, with passing grades, at least six post secondary semester or equivalent quarter units of the education requirement specified in (c)(1) below, or shall have obtained a Child Development Assistance Permit issued by the California Commission on Teacher Credentialing.
1
2
3
4
5
6
7
The licensee e-mailed transcripts indicating that she recently completed 12 ECE units. The licensee will reviewed Regulation 101216.1 and sign acknowledging that she has read and understands this regulation.
8
9
10
11
12
13
14
This requirement is not met as evidenced by: According to statements provided by multiple parents, and staff, there were reports that the licensee and Staff 3 were working in the capacity of a teacher. Documentation confirms that the licensee and Staff 3 do not have the required units to work in the capacity of a teacher. This poses a potential health and safety risk to the children in care.
8
9
10
11
12
13
14
email: nicolette.cunningham@dss.ca.gov
public email: cclrpregionalofficegeneral@dss.ca.gov
Fax: 707-588-5099
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: Leslie Lepori
LICENSING EVALUATOR NAME: Nicolette Cunningham
LICENSING EVALUATOR SIGNATURE:

DATE: 09/10/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/10/2021
LIC9099 (FAS) - (06/04)
Page: 5 of 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/27/2021 and conducted by Evaluator Nicolette Cunningham
COMPLAINT CONTROL NUMBER: 01-CC-20210527131228

FACILITY NAME:MELBROOKS SCHOOLFACILITY NUMBER:
493010037
ADMINISTRATOR:AL-VIGIL, ANAFACILITY TYPE:
850
ADDRESS:3535 INDUSTRIAL DRIVE B4TELEPHONE:
(707) 708-8676
CITY:SANTA ROSASTATE: CAZIP CODE:
95403
CAPACITY:30CENSUS: 0DATE:
09/10/2021
UNANNOUNCEDTIME BEGAN:
09:14 AM
MET WITH:Sheldon EL, LicenseeTIME COMPLETED:
09:15 AM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Facility operated out of ratio
Children in care not supervised at all times
Hazardous chemicals accessible to children in care
Facility did not provide food in the quantity necessary to meet needs of children in care
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
Licensing Program Analyst (LPA), N. Cunningham met with Center Director, Sheldon El to deliver findings regarding the above allegations. The meeting was scheduled to take place at Community Care Licensing (CCL) Rohnert Park Office since the licensee stated that she does not have access to the facility. At 2:30pm, Licensee El sent a message that she stating that she is unable to travel to CCL office so the meeting was conducted via Zoom.
LPA Cunningham previously met with the licensee on 06/03/21 to discuss the allegations, make observations, and request staff contact information, facility menu, and facility roster, which the licensee agreed to provide by 06/04/21. On 06/09/21, the licensee informed CCL that she closed the facility on 06/10/21 due to the lease expiring, and it is unknown if the facility will resume operation. On 08/25/21, Licensee El provided LPA with a facility roster listing 21 children and a copy of the menu that was served in February 2021. Throughout the investigation, the licensee adamantly denied all the allegations.

During the investigation, interviews were conducted with Adult 1 on 6/2/21 beginning at 1:07pm, Adult 3 on 8/31/21 @ 2:16pm, Adult 4 on 9/1/21 beginning at 2:26pm, Adult 5 on 8/17/21 beginning at 6:00pm, Adult 7 on 8/31/21 beginning at 10:16am, Adult 9 on 8/27/21 beginning at 12:45pm, Adult 10 on 8/27/21 beginning at 3:55pm,
Continued on LIC 9099.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Nicolette Cunningham
LICENSING EVALUATOR SIGNATURE:

DATE: 09/10/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/10/2021
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 01-CC-20210527131228
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928
FACILITY NAME: MELBROOKS SCHOOL
FACILITY NUMBER: 493010037
VISIT DATE: 09/10/2021
NARRATIVE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Adult 11 on 8/30/21 beginning at 11:26pm, Adult 12 on 8/30/21 beginning at 1:32pm, Adult 13 on 8/30/21 beginning at 3:14pm, Child on 1, Child 2 and Child 3. On numerous occasions, the licensee adamantly denied all the allegations.

It was alleged that the facility operated out of ratio, specifically, one teacher would often supervise a group of 18 children. Interviews conducted with five parents and five staff regarding operating over ratio provided conflicting information regarding the number of children each teacher supervised.

It was alleged that children were often left unsupervised, specifically, left unsupervised for a short period of time or allowed to use the restroom unsupervised. Interviews conducted with five parents and five staff provided conflicting information as to supervision provided when children use the restroom.

It was also alleged that hazardous chemicals were accessible to children, specifically, Lysol wipes were left out where children could access them. Interviews conducted with five staff and five parents provided conflicting information regarding where Lysol wipes were stored at the facility.

Lastly, it was alleged that the facility did not provide food in the quantity necessary to meet needs of children in care, specifically, children were denied a second portion when they requested one. Licensee El stated that healthy food is a main component of the program and claimed that children always received sufficient food. The February menu indicated that on February 5, 2021 the following items were served: breakfast - banana, lunch-tofu stir fry, snack-cheese. Interviews conducted with five staff, five parents, and three children provided conflicting information regarding if children could receive a second portion of food if requested.

Interviews with children, adults, parents and the Licensee did not provide corroborating evidence to meet the preponderance of evidence threshold standard and therefore the allegations are unsubstantiated.

This report was discussed and reviewed with licensee and an Exit interview was conducted. There were no Title 22 deficiencies cited regarding the allegations listed on page 1 of the 9099A. Notice of Site Visit shall be posted for 30 days. Appeal Rights were provided.

Licensee's signature is not on file, however, a copy of this Complaint Investigation Report (LIC 9099) was provided to Licensee; and confirmation of receipt is on file.
SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Nicolette Cunningham
LICENSING EVALUATOR SIGNATURE:

DATE: 09/10/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/10/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 5