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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 045407684
Report Date: 09/30/2021
Date Signed: 09/30/2021 01:12:50 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, 520 COHASSET RD., SUITE 170
CHICO, CA 95926
This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/04/2021 and conducted by Evaluator Mikah Martinez
PUBLIC
COMPLAINT CONTROL NUMBER: 13-CC-20210604132603
FACILITY NAME:BROWN, KIMBERLY FAMILY CHILD CARE HOMEFACILITY NUMBER:
045407684
ADMINISTRATOR:BROWN, KIMBERLYFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(530) 774-3368
CITY:CHICOSTATE: CAZIP CODE:
95928
CAPACITY:14CENSUS: 12DATE:
09/30/2021
UNANNOUNCEDTIME BEGAN:
12:15 PM
MET WITH:Kimberly BrownTIME COMPLETED:
01:20 PM
ALLEGATION(S):
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Children are placed in unsafe equipment during mealtime
Child's records were without emergency contact information
INVESTIGATION FINDINGS:
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On 9/30/21 at 12:15 PM, Licensing Program Analyst (LPA) Mikah Martinez conducted an unannounced complaint inspection and met with the Licensee for the purpose of delivering findings. It has been alleged that children are placed in unsafe equipment during mealtime and a child’s records were without emergency contact information. During today's visit the facility was toured and LPA Martinez observed the children were in the midst of transition to nap time in the living room. There were two staff supervising 12 children. During the initial inspection conducted on 6/10/21, LPA Husband observed high barstools without backs and inquired if children use those during mealtimes. The licensee admitted to using them and stated she did not realize that the tall barstool chairs without backs on them were not safe for toddlers. She stated that she accidentally scratched C1 with her long fingernails after C1 slipped getting down from the barstool because of wearing socks and when she went to grab C1 to prevent him from falling, she scratched him with her fingernails. Licensee stated that some of the toddlers can climb up in the barstools, but struggle getting down. LPA Husband reviewed the children’s files and found that 11 out of 12 (C2-C12) children on the roster were without emergency contact information and 4 out of 12 (C2-C5) were without files altogether. Based on the evidence obtained during the investigation along with LPA Husband’s observations and the licensee admitting to the allegations, there is a preponderance of evidence that the allegations are substantiated. The following violation(s) of the California Code of Regulations, Title 22; Division 12, were observed: see LIC 9099D. Appeal rights were provided.
Notice of site visit shall be posted for 30 days.
Substantiated
Estimated Days of Completion: 90
SUPERVISORS NAME: Erin Virrueta
LICENSING EVALUATOR NAME: Mikah Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2021
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
Control Number 13-CC-20210604132603
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926

FACILITY NAME: BROWN, KIMBERLY FAMILY CHILD CARE HOME
FACILITY NUMBER: 045407684
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/30/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
10/01/2021
Section Cited
CCR
102423(a)(2)
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Personal Rights: To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement was not met as evidenced by: Based on observations the licensee failed to provide safe eating arrangements in which young children were eating from high barstools with no backs and were unable to get down on their own without assistance.
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This poses a potential risk to children in care. This citation was corrected during the inspection when licensee provided age appropriate equipment for children to utilize during eating times
Type B
10/01/2021
Section Cited
CCR
102421(b)
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Childs Records. The licensee shall maintain, in each child’s record, a copy of the emergency information card required in Section 102417(g) (7). This requirement was not met as evidenced by: Based on file review the licensee failed to ensure that 11 children (C2-C12) were without emergency contact information.
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This poses a potential risk to children in care. The licensee provided LPA Martinez all the childrens files who were here during todays visit and showed proof of all emergency contact information.
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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: Erin Virrueta
LICENSING EVALUATOR NAME: Mikah Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2021
LIC9099 (FAS) - (06/04)
Page: 2 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, 520 COHASSET RD., SUITE 170
CHICO, CA 95926
This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/04/2021 and conducted by Evaluator Mikah Martinez
PUBLIC
COMPLAINT CONTROL NUMBER: 13-CC-20210604132603

FACILITY NAME:BROWN, KIMBERLY FAMILY CHILD CARE HOMEFACILITY NUMBER:
045407684
ADMINISTRATOR:BROWN, KIMBERLYFACILITY TYPE:
810
ADDRESS:2214 ROBAILEY DRIVETELEPHONE:
(530) 774-3368
CITY:CHICOSTATE: CAZIP CODE:
95928
CAPACITY:14CENSUS: 12DATE:
09/30/2021
UNANNOUNCEDTIME BEGAN:
12:15 PM
MET WITH:Kimberly BrownTIME COMPLETED:
01:20 PM
ALLEGATION(S):
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Child in care was handled in a rough manner leading to injuries
Lack of regular diaper changes resulted in diaper rash
INVESTIGATION FINDINGS:
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On 9/30/21 at 12:15 PM, Licensing Program Analyst (LPA) Mikah Martinez conducted an unannounced complaint inspection and met with the Licensee for the purpose of delivering findings. It has been alleged that a child in care was handled in a rough manner leading to injuries and a lack of regular diaper changes resulted in diaper rash. During today's visit the facility was toured and LPA Martinez observed children who were in the midst of transitioning to nap time from lunch. There were 2 staff supervising 12 children. During the investigation, 9 adult interviews were attempted not including the Reporting Party (RP) interviewed on 6/10/21 and 6/18/21. 6 out of nine adults were interviewed on 9/14/21, 9/15/21 and 9/17/21 and three of those 9 were unable to be reached after multiple attempts. Five out of six interviews stated they have never witnessed the licensee or assistant being rough with the children in care. One out of the six stated observing a child being guided to time out by the upper shoulders in what seemed to be aggressive, but nothing that would cause injury to the child. After the witness spoke to the licensee, the witness stated it never occurred again. One child was interviewed on 6/10/21, but LPA Husband was unable to qualify portions of the interview. Out of the six adults and RP interviewed, 5 out of 7 witnesses stated they have not witnessed or seen any signs of rough interaction with the children. (Cont)
Unsubstantiated
Estimated Days of Completion: 90
SUPERVISORS NAME: Erin Virrueta
LICENSING EVALUATOR NAME: Mikah Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2021
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 4
Control Number 13-CC-20210604132603
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926
FACILITY NAME: BROWN, KIMBERLY FAMILY CHILD CARE HOME
FACILITY NUMBER: 045407684
VISIT DATE: 09/30/2021
NARRATIVE
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Five out of six witnesses stated their child did not receive diaper rash due to not being changed regularly. One out of the six adult witnesses stated about 10 months ago that their child was not changed, but after speaking with the licensee it hasn’t happened again. Two out of six adult witnesses stated their children are extremely sensitive and are prone to diaper rash, but do not attribute it to the daycare. Three out of 6 witnesses stated they have never had an issue with diaper rash. Based on the evidence obtained during the investigation, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violation occurred, therefore the findings are unsubstantiated. An exit interview was conducted. Notice of site visit shall be posted for 30 days.
SUPERVISORS NAME: Erin Virrueta
LICENSING EVALUATOR NAME: Mikah Martinez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/30/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/30/2021
LIC9099 (FAS) - (06/04)
Page: 4 of 4