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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 013422005
Report Date: 04/18/2024
Date Signed: 03/27/2025 10:49:22 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
03/05/2024 and conducted by Evaluator April Wright
PUBLIC
COMPLAINT CONTROL NUMBER: 52-CC-20240305085302
FACILITY NAME:SMART START CREATIVE LEARNING CENTERFACILITY NUMBER:
013422005
ADMINISTRATOR:HARDESTY, REBECCAFACILITY TYPE:
850
ADDRESS:2020 FIFTH STTELEPHONE:
(510) 468-0099
CITY:LIVERMORESTATE: CAZIP CODE:
94550
CAPACITY:70CENSUS: 64DATE:
04/18/2024
UNANNOUNCEDTIME BEGAN:
10:30 AM
MET WITH:Rebecca HardestyTIME COMPLETED:
03:30 PM
ALLEGATION(S):
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Lack of Supervision - Children wandered away from the facility due to lack of supervision
INVESTIGATION FINDINGS:
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***THIS IS AN AMENDED REPORT***

On April 18th, 2024, at approximately 10:30am, Licensing Program Analyst (LPA) April Wright conducted an unannounced complaint site inspection to deliver complaint findings. LPA met with Center Director Rebecca Hardesty and informed them of the reason for the visit. LPA took a tour of the facility for a health and safety inspection. Present at the time of inspection were 64 toddler/preschool age children and 14 fingerprint cleared staff personnel.
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During the course of the investigation, LPA conducted interviews with a random sample of parents, reviewed children’s and facility files. LPA reviewed facility file for record of incidents recorded/reported to CCLD. During a review of children’s files, LPA discovered an incident report noting that a child wandered away from the facility on 8/23/2021 due to lack of supervision. This information was confirmed during when LPA conducted parent interviews. See LIC9099D for continuance.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: April Wright
LICENSING EVALUATOR SIGNATURE:

DATE: 04/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/18/2024
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 7
Control Number 52-CC-20240305085302
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: SMART START CREATIVE LEARNING CENTER
FACILITY NUMBER: 013422005
VISIT DATE: 04/18/2024
NARRATIVE
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Based on parental interviews/admission and records review of facility files the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1, Section 101229(a)(1), a Type A Violation is being cited on the attached LIC9099D and must be corrected by the due date. An immediate civil penalty of $500 is being assessed for absence of supervision.

Center Director will provide all current and new families with a copy of the report dated 4/18/2024. Families enrolled after the date of this report shall be supplied a copy of this report and LIC9224 for 12 months which is also effective on 4/19/2024. Center Director was reminded that this report must be posted and remain on file for three years.

It is noted that upon discovery of a child eloping from the daycare facility the Center Director moved quickly and notified the child’s parents, put additional safety measures into place so this type of incident would not occur again and counseled staff.

Exit interview was conducted with Rebecca Hardesty. Appeal rights were given and discussed.
SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: April Wright
LICENSING EVALUATOR SIGNATURE:

DATE: 04/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/18/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 7
Control Number 52-CC-20240305085302
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: SMART START CREATIVE LEARNING CENTER
FACILITY NUMBER: 013422005
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/18/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
04/22/2024
Section Cited
HSC
101229(a)(1)
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101229 - Responsibility for Providing Care and Supervision. (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).
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Conduct staff meeting and view the following CCLD video:
(1.) Supervising Children in family childcare. Staff will write a statement of understanding of this video as pertaining to how to properly supervise children in a child care setting.
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Supervision shall include visual observation. This requirement is not met as evidenced by: Based on parent interview/record review, a child left the classroom through an unlocked door and was found in courtyard of the facility by another parent which poses an immediate health and safety risk to children in care.
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Center Director will submit their signed written statements to LPA by the due date given. Center director will also create a supervision plan and submit to LPA. Upon receipt of your documents your deficiency will be cleared.
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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: April Wright
LICENSING EVALUATOR SIGNATURE:

DATE: 04/18/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/18/2024
LIC9099 (FAS) - (06/04)
Page: 7 of 7