493010225-1-8-2024-01-CC-AHON-CZBVD8-20240109152018

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 493010225
Report Date: 01/08/2024
Date Signed: 01/08/2024 11:25:47 AM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA CC RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/01/2023 and conducted by Evaluator Amy Strother

PUBLIC

COMPLAINT CONTROL NUMBER: 01-CC-20231101145259

FACILITY NAME:	LA CASITA DAY SCHOOL		FACILITY NUMBER:	493010225
ADMINISTRATOR:	IRENE SILVA		FACILITY TYPE:	850
ADDRESS:	4044 MAYETTE AVENUE		TELEPHONE:	(707) 536-1241
CITY:	SANTA ROSA	STATE: CA	ZIP CODE:	95405
CAPACITY:	134	CENSUS: 27	DATE:	01/08/2024
		UNANNOUNCED	TIME BEGAN:	09:45 AM
MET WITH:	Irene Silva		TIME COMPLETED:	11:45 AM

ALLEGATION(S):

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Staff inappropriately disciplined children

Staff handled child in a rough manner

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Amy Strother made a subsequent complaint investigation inspection for the purpose of delivering findings, and met with Licensee, Irene Silva (L1). It has been alleged that staff inappropriately disciplined children, specifically that Staff 1 (S1) used verbal threats as a form of discipline with more than one child. It has also been alleged that staff handled child in a rough manner, specifically that Staff 1 (S1) grabbed C1’s forearm roughly when C1 got out of the class line while coming in from outside play time.

During the initial investigation visit to the facility on 11/08/23, LPA Strother toured the facility, obtained a current roster and conducted interviews with L1, S1 and three children, Child 2 – Child 4 (C2-C4). L1 denied the allegation that staff inappropriately disciplined children, giving examples of discipline used by staff to include, redirection, working with the parents and having conversations with children aboutt how to be good citizens. L1 stated that staff may ask, “What would your parents want you to do right now?”, but not threatening to call parents.
Continue on LIC9099-C

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:	DATE: 01/08/2024

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/08/2024

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20231101145259

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA CC RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: LA CASITA DAY SCHOOL	FACILITY NUMBER: 493010225
	VISIT DATE: 01/08/2024

NARRATIVE

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L1 confirmed that she did recall an incident when a child was grabbed by a teacher, but did not specify that it was rough. L1 reported that last year a child tried to “bolt” out the door of the school and teacher grabbed them, but could not remember who was, further stating that the Director who is out on leave would know. S1 denied the allegations.

During the course of the investigation, interviews were conducted with Adult 1 (A1) and Staff 2 (S2) between 11/06/23 and 01/02/24. LPA made several attempts to contact Director (D1) who is currently out on leave. LPA was not able to interview D1.

During an interview conducted, it was reported that a child was observed getting out of their place at circle time, and S1 was heard saying, “Do you want me to call your mom?” and then later the same day S1 said to another child, who was displaying undesired behavior on the play yard, “Do you want me to tell your mom?” It was also reported that when S1 was confronted about the threats made to children, S1 responded by saying that she guessed that she did do that and should pay attention to it, admitting that she did threaten children to call their parents. Two interviews with adults corroborate that S1 was witnessed grabbing C1 by the arm when C1 got out of the class line. It was reported that during the time S1 was confronted about threatening to call children’s parents, S1 was also confronted about grabbing C1’s arm, and reportedly stated that she didn’t hurt C1 when she grabbed them, but needed to stop C1 from “bolting”, admitting to grabbing C1. One witness reported that when S1 was observed grabbing C1, it made them uncomfortable. The other witness stated that it seemed inappropriate and if it was their child that S1 was grabbing they would not have been okay with it.

Two children interviewed stated that S1 grabs kids when they get out of line, one child stated that S1 gets mad, and that they know S1 is mad because of the face she makes, followed by demonstrating a wrinkled brow face, further stating that S1 grabs kids when they run or hide. One child interviewed stated that sometimes kids aren’t respecting S1 and run around or stand on the table, and then S1 will say “That’s not good for the table, or I’m going to call your mom or dad.”

Based on information obtained from interviews during the investigation, the preponderance of evidence standard has been met; therefore, the above allegations are found to be substantiated. California Code of Regulations, Title 22 is cited on the attached LIC 9099-D.

SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:	DATE: 01/08/2024

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/08/2024

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20231101145259

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA CC RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: LA CASITA DAY SCHOOL	FACILITY NUMBER: 493010225
	VISIT DATE: 01/08/2024

NARRATIVE

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LPA Strother informed Licensee, Irene Silva that this report dated 01/08/24 documents one Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Strother informed the facility representative to provide a copy of this licensing report dated 01/08/24 that documents any 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.

An exit interview was conducted, and this report was read and discussed with Licensee, Irene Silva. Appeal rights were provided.

A notice of site visit was given to licensee and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days.

SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:	DATE: 01/08/2024

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/08/2024

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20231101145259

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA CC RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: LA CASITA DAY SCHOOL	FACILITY NUMBER: 493010225
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/08/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Deficiency Dismissed Type A 01/09/2024 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights: (3) To be free from...infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping or toileting;... This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Licensee stated that she and all staff will watch the Children's Personal Rights in Care video on the ccld.ca.gov website and will hold a staff training today, 01/08/24 to discuss the video, and how to appropriately handle and speak to children in difficult situations and keep children safe.
	8 9 10 11 12 13 14	Based on interviews conducted S1 has used threats of calling parents as a form of discipline with children on more than one occasion and was observed handling day care child (C1) in care in a rough manner when C1 got out of the class line while entering the classroom, which poses an immediate health, safety and personal rights risk to the children in care.	8 9 10 11 12 13 14	An outline of topics discussed at training and staff sign-in sheet verifying that staff have been trained on the topic of Children’s Personal Rights will be submitted by 01/09/24 to LPA Strother at email: amy.strother@dss.ca.gov
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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: Alexis Hollon
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:	DATE: 01/08/2024

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/08/2024

LIC9099 (FAS) - (06/04)

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