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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 010215940
Report Date: 07/03/2023
Date Signed: 07/03/2023 03:39:43 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, 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
04/10/2023 and conducted by Evaluator Melissa Domantay
COMPLAINT CONTROL NUMBER: 02-CC-20230410081446
FACILITY NAME:NEW SCHOOL OF BERKELEY, THEFACILITY NUMBER:
010215940
ADMINISTRATOR:MOORE, AKIMASAFACILITY TYPE:
850
ADDRESS:1606 BONITATELEPHONE:
(510) 548-9165
CITY:BERKELEYSTATE: CAZIP CODE:
94709
CAPACITY:48CENSUS: 20DATE:
07/03/2023
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Merlyn KatechisTIME COMPLETED:
03:30 PM
ALLEGATION(S):
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Personal Rights - Day care child assaulted another day care child due to lack of supervision.
INVESTIGATION FINDINGS:
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On July 3, 2023, Licensing Program Analyst (LPA) Melissa Domantay met with Secretary, Merlyn Katechis to deliver the findings of the above complaint. LPA conducted children's file review during today's inspection.

The complaint states that the Child’s personal rights were violated by day care child assaulted another day care child due to lack of supervision. Based on staff and parent interviews conducted, it was determined that although there was supervision, a day care child assaulted another day care child violating the children's personal rights. Therefore, the complaint has been determined to be Substantiated based on the LPA’s staff and parent interviews the preponderance of evidence standard has been met. Therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations Title 22 is being cited on the attached LIC 9099-D. The facility will be cited a Type B violation based on this substantiated allegation.

Exit interview was conducted with Secretary, Merlyn Katechis .
Report and Appeal Rights provided. Notice of Site Visit must be posted for 30 days.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Mayla Mendoza
LICENSING EVALUATOR NAME: Melissa Domantay
LICENSING EVALUATOR SIGNATURE:

DATE: 07/03/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/03/2023
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
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
04/10/2023 and conducted by Evaluator Melissa Domantay
COMPLAINT CONTROL NUMBER: 02-CC-20230410081446

FACILITY NAME:NEW SCHOOL OF BERKELEY, THEFACILITY NUMBER:
010215940
ADMINISTRATOR:MOORE, AKIMASAFACILITY TYPE:
850
ADDRESS:1606 BONITATELEPHONE:
(510) 548-9165
CITY:BERKELEYSTATE: CAZIP CODE:
94709
CAPACITY:48CENSUS: 20DATE:
07/03/2023
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Merlyn KatechisTIME COMPLETED:
03:30 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Reporting Requirements - Staff do not inform parent about incidents.
INVESTIGATION FINDINGS:
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On July 3, 2023, Licensing Program Analyst (LPA) Melissa Domantay met with Secretary, Merlyn Katechis to deliver the findings of the above complaint. LPA conducted children's file review during today's inspection.

The complaint states that the reporting requirements were violated by Staff do not inform parent about incidents. Based on staff and parent interviews conducted, it was determined that although incidences were verbally reported to parents, reporting was not made by facility to Licensing. Therefore, the complaint has been determined to be Substantiated based on the LPA’s staff and parent interviews the preponderance of evidence standard has been met. Therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations Title 22 is being cited on the attached LIC 9099-D. The facility will be cited a Type B violation based on this substantiated allegation.

Exit interview was conducted with Secretary, Merlyn Katechis .
Report and Appeal Rights provided.Notice of Site Visit must be posted for 30 days.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Mayla Mendoza
LICENSING EVALUATOR NAME: Melissa Domantay
LICENSING EVALUATOR SIGNATURE:

DATE: 07/03/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/03/2023
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 4
Control Number 02-CC-20230410081446
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: NEW SCHOOL OF BERKELEY, THE
FACILITY NUMBER: 010215940
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/03/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/03/2023
Section Cited
CCR
101212(d)(1)(C)
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101212(d)(1)(C) Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1)... In addition, a written report containing the information specified in (d)(2)...Events reported shall include the following: Any unusual incident or child absence that threatens the physical or emotional health or safety of any child.
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By 8/3/23, Director shall create a plan on how staff will report unusual incidences to Licensing and conduct a meeting with staff about reporting requirements. Director shall submit meeting minutes and staff attendance to LPA.
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Based on staff and parent interviews, Staff do not inform parent about incidents. Based on staff and parent interviews conducted, it was determined that although incidences were verbally reported to parents, reporting was not made by facility to Licensing.
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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: Mayla Mendoza
LICENSING EVALUATOR NAME: Melissa Domantay
LICENSING EVALUATOR SIGNATURE:

DATE: 07/03/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/03/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 02-CC-20230410081446
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: NEW SCHOOL OF BERKELEY, THE
FACILITY NUMBER: 010215940
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/03/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/03/2023
Section Cited
CCR
101223(a)(2)
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101223(a)(2) The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.This requirement has not been met as evidenced by:
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By 8/3/23, Director shall create a plan on how staff will supervise children indoor and outdoors to ensure all areas will be visble and supervised by a staff member. Director shall conduct a meeting with staff about personal rights and supervision. Director shall submit meeting minutes and staff attendance to LPA.
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Based on staff and parent interviews. A day care child assaulted another day care child violating the children's personal rights.
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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: Mayla Mendoza
LICENSING EVALUATOR NAME: Melissa Domantay
LICENSING EVALUATOR SIGNATURE:

DATE: 07/03/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/03/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 4