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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 013419480
Report Date: 06/23/2022
Date Signed: 06/23/2022 12:48:54 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 STE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/16/2022 and conducted by Evaluator Russell Haderer
PUBLIC
COMPLAINT CONTROL NUMBER: 52-CC-20220616161430
FACILITY NAME:HEARTS AND HANDS CHRISTIAN CHILDCARE & PRESCHOOLFACILITY NUMBER:
013419480
ADMINISTRATOR:OJEDA, VANESSAFACILITY TYPE:
850
ADDRESS:4111 ALDER AVENUETELEPHONE:
(510) 792-6200
CITY:FREMONTSTATE: CAZIP CODE:
94536
CAPACITY:100CENSUS: 39DATE:
06/23/2022
UNANNOUNCEDTIME BEGAN:
10:30 AM
MET WITH:Vanessa OjedaTIME COMPLETED:
01:04 PM
ALLEGATION(S):
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Personal Rights
INVESTIGATION FINDINGS:
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On 6-20-2022 at 1:32pm the Site Director sent an email to the Licensing Program Analyst (LPA) Russ Haderer asking if wearing masks were required again. She referred to the Alameda County Covid-19 Health Emergency Press Release that states masks are required "as practicable." She wanted to know if this meant masks were required indoors again. She was unsure since she had not received any notice (PIN) from licensing.
On 6-20-2022 at 3:25pm LPA called the Site Director to respond. Site Director stated there was confusion about mask wearing masks since the press release stated masks are required indoors for children and youth settings "as practical" and her own children in elementary school (K-12) were not required to wear masks. LPA explained that other than K-12 schools, mask wearing is required indoors for all other child and youth settings. He asked the Site Director if they were wearing masks at the child care center. The site director admitted they have not been enforcing wearing of masks. There are children and staff not wearing masks in the child care. LPA confirmed that wearing masks indoors is very much required until Alameda County releases any updates to the requirement.

CONTINUED ON LIC9099c....................
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: Russell Haderer
LICENSING EVALUATOR SIGNATURE:

DATE: 06/23/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2022
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 3
Control Number 52-CC-20220616161430
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 STE 1102
OAKLAND, CA 94612
FACILITY NAME: HEARTS AND HANDS CHRISTIAN CHILDCARE & PRESCHOOL
FACILITY NUMBER: 013419480
VISIT DATE: 06/23/2022
NARRATIVE
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On June 23, 2022 at approximately 10:30am, LPA Haderer arrived to open the complaint. There were 6 teachers, the site director and 39 children in care. LPA toured the facility and upon arrival, all staff and children indoors were wearing masks.

LPA and Site Director discussed the several cases of Covid reported at the school and confirmed there was another new case reported this week. All other cases reported have cleared, meaning the individuals have recovered and returned to the school (other than one child whose parents elected not to continue with the school).

This morning on 6/23/2022 at 8:28am, the Site Director sent an email to all families (and also informed staff) that effective immediately, the Alameda County mandate will be followed requiring parents, staff and children to wear a mask before entering the building. If a parent does not want their child to wear a mask, they must submit a signed letter with their child's name and instruction to the school for their child not to wear a mask.

The investigation found that Hearts & Hands did not ensure the personal rights of persons in care, to safe and healthful accommodations and engaged in conduct inimical to the health, welfare, and safety of persons in care, in that the facility staff did not wear face coverings while in the facility caring for children as required by the Alameda County Covid-19 Health Emergency Press Release regarding the use of Face Coverings issued June 2, 2022.

Based on LPAs interviews, the preponderance of evidence standard has been met, therefore the above allegation is to be SUBSTANTIATED. As a result, and per California Code of Regulations, Title 22, Division 12, Chapter 1 Section 101223(a)(2) is being cited. Please see LIC 9099-D for deficiency.

The director must post this report for thirty days. The director must give each parent of the children in care and future parents of newly enrolled children, for the next one year following today’s date, a copy of this report. Parents are to sign an LIC 9224- Acknowledgment of Receipt of Licensing reports and this form shall be placed in each child’s file. Failure to post report and or provide a copy of this report to parent’s/authorized guardians can result in additional monetary assessments to the facility. Notice of site visit given and must be posted for 30 days.
SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: Russell Haderer
LICENSING EVALUATOR SIGNATURE:

DATE: 06/23/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 52-CC-20220616161430
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 STE 1102
OAKLAND, CA 94612

FACILITY NAME: HEARTS AND HANDS CHRISTIAN CHILDCARE & PRESCHOOL
FACILITY NUMBER: 013419480
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/23/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
06/23/2022
Section Cited
HSC
101223(a)(2)
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101223 Personal Rights
(a) The licensee shall ensure that each child is accorded the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations...

This was not met as evidence by:
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Director will notify all staff and parents that mask are required while indoors immediately.

Director will prominently post Alameda County Covid-19 Health Emergency Press Release by 6/23/2022.
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Based on interviews, the faciity did not require staff or children to wear mask indoors during the mask mandate which poses an immediate risk to the health and safety to children in care
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Failure to correct will result in a $100 per day civil penalty until corrected. Repeat violations are $250 per violation and $100 per day until corrected.
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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: Chandra Charles
LICENSING EVALUATOR NAME: Russell Haderer
LICENSING EVALUATOR SIGNATURE:

DATE: 06/23/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 3