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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 013419414
Report Date: 02/10/2022
Date Signed: 02/10/2022 05:11:43 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/19/2021 and conducted by Evaluator Catherine Fernandes
PUBLIC
COMPLAINT CONTROL NUMBER: 02-CC-20211119150942
FACILITY NAME:OAKLAND GARDEN SCHOOL, INC.FACILITY NUMBER:
013419414
ADMINISTRATOR:ACLAND-WHEAR, NICOLEFACILITY TYPE:
850
ADDRESS:4012 MAYBELLE AVENUETELEPHONE:
(510) 531-4800
CITY:OAKLANDSTATE: CAZIP CODE:
94619
CAPACITY:72CENSUS: 43DATE:
02/10/2022
UNANNOUNCEDTIME BEGAN:
01:15 PM
MET WITH:Christina EnerioTIME COMPLETED:
05:26 PM
ALLEGATION(S):
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Facility operating out of ratio.
Staff handle children in a rough manner.
INVESTIGATION FINDINGS:
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On 2/10/22 at 1:15PM, Licensing Program Analyst (LPA) Catherine Fernandes arrived unannounced to deliver the findings to the above complaint allegations. LPA met with owner Tae Ha and Director Christina Enerio. During the course of the investigation LPA Fernandes conducted interviews and reviewed documents pertaining to the complaint.

Based on interviews and a video submitted there was not a qualified teacher for a period of time in the classroom therefore the classroom was not meeting the child teacher ratio requirements. There was an incident that occurred at the center on 12/9/2021 where a parent witnessed a teacher grab a child by the wrist. Director Christina did inform the child's parents and Licensing within the required time. The teacher was put on leave while the center conducted an investigation of the incident. The teacher is no longer at the site. Interviews also confirmed the allegation. Therefore the above allegations are SUBSTANTIATED, the preponderance of evidence standard has been met. Title 22, is being cited on the attached LIC. 9099D.

Report continues on 9099C
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Mayla MendozaTELEPHONE: (510) 873-6408
LICENSING EVALUATOR NAME: Catherine FernandesTELEPHONE: (510) 725-7002
LICENSING EVALUATOR SIGNATURE:

DATE: 02/10/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2022
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 4
Control Number 02-CC-20211119150942
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612
FACILITY NAME: OAKLAND GARDEN SCHOOL, INC.
FACILITY NUMBER: 013419414
VISIT DATE: 02/10/2022
NARRATIVE
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LIC9224 provided to Director. Upon receipt, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians newly enrolled at the facility during the next 12 months.

Exit interview conducted
Appeal Rights, Report and Notice of site visit provided.
SUPERVISOR'S NAME: Mayla MendozaTELEPHONE: (510) 873-6408
LICENSING EVALUATOR NAME: Catherine FernandesTELEPHONE: (510) 725-7002
LICENSING EVALUATOR SIGNATURE:

DATE: 02/10/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 02-CC-20211119150942
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: OAKLAND GARDEN SCHOOL, INC.
FACILITY NUMBER: 013419414
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/10/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
02/11/2022
Section Cited
CCR
101216.3(a)
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Teacher-Child Ratio- There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below. This requirement has not been met as evidenced by:

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Center shall review teacher child-ratio regulations and plan a staff meeting. Center shall submit date of training along with agenda and who attended to CCL. Director is to come up with a written plan to ensure ratios are being met at all times.
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Based on a video and interviews one of the classrooms were not meeting teacher -child ratios which is an immediate danger to child in care.
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Type A
02/11/2022
Section Cited
CCR
101223(a)(3)
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Personal Rights- 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 including but not limited to: This requirement has not been met as evidenced by:
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Center shall add Personal Rights regulations to the staff training agenda and come up with a plan on how teachers can ensure the safety of children in care then send it to CCL by proof of correction date.
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Based on interviews and an incident that occurred staff handled a child in a rough manner, which is an immediate 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.
SUPERVISOR'S NAME: Mayla MendozaTELEPHONE: (510) 873-6408
LICENSING EVALUATOR NAME: Catherine FernandesTELEPHONE: (510) 725-7002
LICENSING EVALUATOR SIGNATURE:

DATE: 02/10/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 4
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/19/2021 and conducted by Evaluator Catherine Fernandes
PUBLIC
COMPLAINT CONTROL NUMBER: 02-CC-20211119150942

FACILITY NAME:OAKLAND GARDEN SCHOOL, INC.FACILITY NUMBER:
013419414
ADMINISTRATOR:ACLAND-WHEAR, NICOLEFACILITY TYPE:
850
ADDRESS:4012 MAYBELLE AVENUETELEPHONE:
(510) 531-4800
CITY:OAKLANDSTATE: CAZIP CODE:
94619
CAPACITY:72CENSUS: DATE:
02/10/2022
UNANNOUNCEDTIME BEGAN:
01:15 PM
MET WITH:Christina EnerioTIME COMPLETED:
05:26 PM
ALLEGATION(S):
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2
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Staff force children to nap.
INVESTIGATION FINDINGS:
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On 2/10/22 at 1:15PM, Licensing Program Analyst (LPA) Catherine Fernandes arrived unannounced to deliver the findings to the above complaint allegation. LPA met with owner Tae Ha and Director Christina Enerio. During the course of the investigation LPA Fernandes conducted interviews and reviewed documents pertaining to the complaint.

The center policy is that children have a rest/nap time where children relax on a mat for 30 minutes and if children do not fall asleep they may do quiet activities or go outside, however based on conflicting interviews the above allegation is UNSUBSTANTIATED. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur.

Appeal Rights were discussed
An exit interview was conducted
Report and Appeal Rights provided
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Mayla MendozaTELEPHONE: (510) 873-6408
LICENSING EVALUATOR NAME: Catherine FernandesTELEPHONE: (510) 725-7002
LICENSING EVALUATOR SIGNATURE:

DATE: 02/10/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2022
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 4