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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 013421352
Report Date: 10/18/2024
Date Signed: 10/18/2024 11:24:54 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
10/14/2024 and conducted by Evaluator Briana Plumboy
PUBLIC
COMPLAINT CONTROL NUMBER: 52-CC-20241014161252
FACILITY NAME:LEARNING TREE, THEFACILITY NUMBER:
013421352
ADMINISTRATOR:DIANA GALLEGOSFACILITY TYPE:
850
ADDRESS:4161 EAST AVENUETELEPHONE:
(925) 447-8279
CITY:LIVERMORESTATE: CAZIP CODE:
94550
CAPACITY:72CENSUS: 56DATE:
10/18/2024
UNANNOUNCEDTIME BEGAN:
10:25 AM
MET WITH:Marie Lasker- DirectorTIME COMPLETED:
11:35 AM
ALLEGATION(S):
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Lack of Supervision- Lack of supervision resulting in daycare child being physically hurt by another child while in care.
INVESTIGATION FINDINGS:
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On 10/18/24, Licensing Program Analyst (LPA) Briana Plumboy met with Director Marie Lasker for the purpose of an UNANNOUNCED COMPLAINT INSPECTION. Present for this inspection was 56 preschool age children and 11 staff.

The allegation that the a staff lacked supervision resulting in daycare child being physically hurt by another child while in care has been SUBSTANTIATED. On the playground, there was a staff standing within arms reach of two other children. The staff turned around and bent over to cover the sandbox, and one of the children standing beside her scratched the other child standing beside her. The staff member immediatly stood up and tended to the situation. Based on LPAs observations and record review, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division12, Chapter 1,101229(a)(1), is being cited as a Type B Violation on the attached LIC 9099D form.
A notice of site visit was given and must remain posted for 30 days.
Appeal Rights were given and discussed. An exit interview was conducted.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Wynn Norona
LICENSING EVALUATOR NAME: Briana Plumboy
LICENSING EVALUATOR SIGNATURE:

DATE: 10/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/18/2024
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 2
Control Number 52-CC-20241014161252
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: 10/18/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
11/07/2024
Section Cited
CCR
101229(a)(1)
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(a) The licensee shall provide care and supervision as necessary to meet the children's needs.
(1) No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation.
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The Director is holding a training on 11/6/24 with all staff to train on Supervision and other procedures on how to deal with incidents. Director will submit a sign in sheet to LPA Plumboy of all staff who were in attendance and a summary of what was taught in the training.
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This requirement was not met as evidenced by:
Based on interview and record review, a staff turned around and bent over to cover the sandbox, and one of the children standing beside her scratched the other child standing beside her. The teacher did not observe the incident occur, which poses a potential health and safety risk 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: Wynn Norona
LICENSING EVALUATOR NAME: Briana Plumboy
LICENSING EVALUATOR SIGNATURE:

DATE: 10/18/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/18/2024
LIC9099 (FAS) - (06/04)
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