013421352-1-9-2025-52-CC-WNOA-DDKVNL-20250204153518

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 013421352
Report Date: 01/09/2025
Date Signed: 01/09/2025 11:27:51 AM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/18/2024 and conducted by Evaluator Michael Mathew

PUBLIC

COMPLAINT CONTROL NUMBER: 52-CC-20241118110737

FACILITY NAME:	LEARNING TREE, THE		FACILITY NUMBER:	013421352
ADMINISTRATOR:	DIANA GALLEGOS		FACILITY TYPE:	850
ADDRESS:	4161 EAST AVENUE		TELEPHONE:	(925) 447-8279
CITY:	LIVERMORE	STATE: CA	ZIP CODE:	94550
CAPACITY:	72	CENSUS: 57	DATE:	01/09/2025
		UNANNOUNCED	TIME BEGAN:	08:45 AM
MET WITH:	Marie Lasker		TIME COMPLETED:	11:45 AM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Licensee does not ensure playground fence is in good repair.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

On January 9,2025 at, 8:45 AM Licensing Program Analyst (LPA) Michael Mathew conducted an unannounced inspection to conclude a complaint investigation LPA met with Director Marie Lasker and advised her the purpose of the inspection. Director provided LPA a tour of the facility inside and out. There were 57 children and 12 staff in care at the time of the inspection.

LPA interviewed staff members and parents.Based on interviews conducted,and observations,the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1, Article 07, Section: 101238(a) Buildings and Grounds, are being cited on the attached LIC 9099D.

A notice of site visit and appeal rights were given. Exit interview conducted and report was reviewed with Director Marie Lasker

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Wynn Norona
LICENSING EVALUATOR NAME: Michael Mathew
LICENSING EVALUATOR SIGNATURE:	DATE: 01/09/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/09/2025

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 6

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/18/2024 and conducted by Evaluator Michael Mathew

PUBLIC

COMPLAINT CONTROL NUMBER: 52-CC-20241118110737

FACILITY NAME:	LEARNING TREE, THE		FACILITY NUMBER:	013421352
ADMINISTRATOR:	DIANA GALLEGOS		FACILITY TYPE:	850
ADDRESS:	4161 EAST AVENUE		TELEPHONE:	(925) 447-8279
CITY:	LIVERMORE	STATE: CA	ZIP CODE:	94550
CAPACITY:	72	CENSUS: 57	DATE:	01/09/2025
		UNANNOUNCED	TIME BEGAN:	08:45 AM
MET WITH:	Marie Lasker		TIME COMPLETED:	11:45 AM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Staff leave day care children unattended.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

On January 9,2025 at, 8:45AM Licensing Program Analyst (LPA) Michael Mathew conducted an unannounced inspection to conclude a complaint investigation. LPA met with Director Marie Lasker and advised her the purpose of the inspection. Director provided LPA a tour of the facility inside and out. There were 57 children and 12 staff in care at the time of the inspection.

During the investigation, LPA interviewed staff members and Parents. Based on interviews conducted, and observations. there is not a preponderance of evidence to prove the alleged violation did or did not occur, meaning the allegations may have happened or are valid. Therefore, the allegations are deemed UNSUBSTANTIATED.

A notice of site visit and appeal rights were given. Exit interview conducted and report was reviewed with Director Marie Lasker

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Wynn Norona
LICENSING EVALUATOR NAME: Michael Mathew
LICENSING EVALUATOR SIGNATURE:	DATE: 01/09/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/09/2025

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 6

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/18/2024 and conducted by Evaluator Michael Mathew

PUBLIC

COMPLAINT CONTROL NUMBER: 52-CC-20241118110737

FACILITY NAME:	LEARNING TREE, THE		FACILITY NUMBER:	013421352
ADMINISTRATOR:	DIANA GALLEGOS		FACILITY TYPE:	850
ADDRESS:	4161 EAST AVENUE		TELEPHONE:	(925) 447-8279
CITY:	LIVERMORE	STATE: CA	ZIP CODE:	94550
CAPACITY:	72	CENSUS: 57	DATE:	01/09/2025
		UNANNOUNCED	TIME BEGAN:	08:45 AM
MET WITH:	Marie Lasker		TIME COMPLETED:	11:45 AM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Licensee does not keep outdoor play are free of hazards.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

On January 9,2025 at, 8:45 AM Licensing Program Analyst (LPA) Michael Mathew conducted an unannounced inspection to conclude a complaint investigation LPA met with DirectorMarie Lasker and advised her the purpose of the inspection. Director provided LPA a tour of the facility inside and out. There were 57 children and 12 staff in care at the time of the inspection.

LPA interviewed staff members and parents. Based on interviews conducted,and observations,the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1, Article 07, Section: 101238(c) Buildings and Grounds, are being cited on the attached LIC 9099D.

A notice of site visit and appeal rights were given. Exit interview conducted and report was reviewed with Director Marie Lasker

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Wynn Norona
LICENSING EVALUATOR NAME: Michael Mathew
LICENSING EVALUATOR SIGNATURE:	DATE: 01/09/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/09/2025

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

LIC9099 (FAS) - (06/04)

Page: 5 of 6

Control Number 52-CC-20241118110737

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: LEARNING TREE, THE	FACILITY NUMBER: 013421352
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/09/2025

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 01/17/2025 Section Cited CCR 101238(c)	1 2 3 4 5 6 7	All outdoor and indoor passageways, stairways, inclines, ramps, open porches and other areas of potential hazard shall be kept free of obstruction.	1 2 3 4 5 6 7	DIrector stated that they will be covering the openings of the shed. Director agreed to send completed shed pictures by end of day Friday 1/17/2025 via text
	8 9 10 11 12 13 14	This requirement is not met as evidenced by, based on observation. LPA observed a shed in the back play area which is sitting on blocks and has an opening on the bottom of the shed which children are able to crawl underneath, which is unsafe for children in care.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Wynn Norona
LICENSING EVALUATOR NAME: Michael Mathew
LICENSING EVALUATOR SIGNATURE:	DATE: 01/09/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/09/2025

LIC9099 (FAS) - (06/04)

Page: 6 of 6

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/18/2024 and conducted by Evaluator Michael Mathew

PUBLIC

COMPLAINT CONTROL NUMBER: 52-CC-20241118110737

FACILITY NAME:	LEARNING TREE, THE		FACILITY NUMBER:	013421352
ADMINISTRATOR:	DIANA GALLEGOS		FACILITY TYPE:	850
ADDRESS:	4161 EAST AVENUE		TELEPHONE:	(925) 447-8279
CITY:	LIVERMORE	STATE: CA	ZIP CODE:	94550
CAPACITY:	72	CENSUS: 57	DATE:	01/09/2025
		UNANNOUNCED	TIME BEGAN:	08:45 AM
MET WITH:	Marie Lasker		TIME COMPLETED:	11:45 AM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Licensee does not ensure reporting requirements are being followed.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Wynn Norona
LICENSING EVALUATOR NAME: Michael Mathew
LICENSING EVALUATOR SIGNATURE:	DATE: 01/09/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/09/2025

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 6

Control Number 52-CC-20241118110737

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: LEARNING TREE, THE	FACILITY NUMBER: 013421352
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/09/2025

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 01/17/2025 Section Cited CCR 101238(a)	1 2 3 4 5 6 7	The child care center shall be clean, safe, sanitary and in good repair at all times to ensure the safety and well-being of children, employees and visitors.	1 2 3 4 5 6 7	Director Agreed to send a picture of repaired fence to LPA Via text by end of day, Friday 1/17/2025.
	8 9 10 11 12 13 14	This requirement is not met as evidenced by, based on observation. LPA observed that the side fence of the play area is tilting towards the play area, which is unsafe for children in care.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Wynn Norona
LICENSING EVALUATOR NAME: Michael Mathew
LICENSING EVALUATOR SIGNATURE:	DATE: 01/09/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/09/2025

LIC9099 (FAS) - (06/04)

Page: 4 of 6