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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 045407980
Report Date: 07/16/2024
Date Signed: 07/16/2024 09:42:10 AM

Unsubstantiated


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
03/28/2024 and conducted by Evaluator Bianca Mendez
COMPLAINT CONTROL NUMBER: 13-CC-20240328090416
FACILITY NAME:CREATIVE SCHOLARS ACADEMY PRESCHOOLFACILITY NUMBER:
045407980
ADMINISTRATOR:RAY, NICOLEFACILITY TYPE:
850
ADDRESS:120 YELLOWSTONE DR.TELEPHONE:
(530) 809-2468
CITY:CHICOSTATE: CAZIP CODE:
95973
CAPACITY:58CENSUS: 31DATE:
07/16/2024
UNANNOUNCEDTIME BEGAN:
08:45 AM
MET WITH:Kassidy Lesch & Nikki RayTIME COMPLETED:
09:41 AM
ALLEGATION(S):
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Staff did not provide adequate supervision to day care children.
INVESTIGATION FINDINGS:
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On 7/16/24 at 8:45am, Licensing Program Analyst (LPA) Bianca Mendez and Tammy Dutra conducted an unannounced complaint inspection and met with facility representative Kassidy Lesch. It was alleged that Staff did not provide adequate supervision to day care children specifically (C1) was injured in the bathroom without staff supervision and the same child, C1 was found alone in a classroom without supervision.

The licensee/director was interviewed on 4/4/24 at 9:10am and denied the allegation and stated staff provide supervision at all times for children, and they are not left alone without staff being present. Licensee stated that Child (C1) had escaped from the back playground around pick up time and the incident occurred quite a long time ago. Licensee stated that C1 had got past the door and was in the classroom heading towards the bathroom and C1’s parent had shown up and saw that there was no teacher there and there was a teacher at the door. Licensee stated that they had reviewed the camera footage and had observed that C1 was on their way to use the bathroom. Licensee acknowledged and stated the incident occurred about 6 months ago.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Megan Aviles
LICENSING EVALUATOR NAME: Bianca Mendez
LICENSING EVALUATOR SIGNATURE:

DATE: 07/16/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/16/2024
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 13-CC-20240328090416
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: CREATIVE SCHOLARS ACADEMY PRESCHOOL
FACILITY NUMBER: 045407980
VISIT DATE: 07/16/2024
NARRATIVE
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LPA interviewed staff (S1-S4). 4 of 4 staff denied the allegation stated that children are not left unsupervised. S1 stated that children are supervised and C1 has never been left alone and always under constant supervision. S2 stated, no children are left alone and during that that time children were using the bathroom before nap time. S2 stated that (C1) was rolling around the floor in the bathroom and had told C1 to get up. S2 stated that S1 was standing there in the bathroom supervising the other children.
S3 stated that there is always 2 people supervising in the children’s bathroom. S4 stated that they were not present during the incident.

LPA interviewed parents (P1-P3) on 3/29/24 and 5/1/24. 2 of 3 parents stated no, that staff did not provide adequate supervision to children. 2 of 3 parents stated yes, they had concerns regarding supervision.
P1 stated that there were two separate incidents in which C1 was left alone without supervision. P1 stated that they had picked up their child (C1) between 4-4:30pm and had walked into the classroom and saw that their child was standing alone, and no one was on either side of the classroom and everyone was outside. P1 stated that the owner (licensee) had reviewed the footage and had apologized that the child was left alone for an extended period of time. P1 stated that the incident occurred about 6 months ago. P1 stated that there was another incident that occurred with C1 in the bathroom and that C1 may have been unsupervised.
P2 stated that they were made aware that C1 was left alone in the classroom for about 30 minutes but stated that P1 was there during pick up when it had happened. P2 stated that the incident occurred last year. P2 stated they never met with the director for the first incident and knew that P1 had spoken with the director. P2 stated they were concerned that the door to classroom has a handlebar that easily be pushed open and that C1 could have left the building. P2 stated that they were not aware why C1 was alone in the classroom and states that staff were not keeping track as to how many children were there.

Although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred, and the findings are unsubstantiated. An exit interview was conducted. The Notice of Site Visit must be posted for 30 days.
SUPERVISORS NAME: Megan Aviles
LICENSING EVALUATOR NAME: Bianca Mendez
LICENSING EVALUATOR SIGNATURE:

DATE: 07/16/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/16/2024
LIC9099 (FAS) - (06/04)
Page: 7 of 7
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
03/28/2024 and conducted by Evaluator Bianca Mendez
COMPLAINT CONTROL NUMBER: 13-CC-20240328090416

FACILITY NAME:CREATIVE SCHOLARS ACADEMY PRESCHOOLFACILITY NUMBER:
045407980
ADMINISTRATOR:RAY, NICOLEFACILITY TYPE:
850
ADDRESS:120 YELLOWSTONE DR.TELEPHONE:
(530) 809-2468
CITY:CHICOSTATE: CAZIP CODE:
95973
CAPACITY:58CENSUS: DATE:
07/16/2024
UNANNOUNCEDTIME BEGAN:
08:45 AM
MET WITH:Nikki RayTIME COMPLETED:
09:41 AM
ALLEGATION(S):
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Staff did not communicate with responsible party in a timely manner.
INVESTIGATION FINDINGS:
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On 7/16/24 at 8:45am, Licensing Program Analyst (LPA) Bianca Mendez conducted an unannounced complaint inspection and met with facility representative Kassidy Lesch. It was alleged that Staff did not communicate with responsible party in a timely manner.

The director was interviewed on 4/4/24 at 9:10am and stated they communicated with responsible party in a timely manner and will communicate through the use of text messages, ProCare app and will call parents immediately when there is an emergency.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Megan Aviles
LICENSING EVALUATOR NAME: Bianca Mendez
LICENSING EVALUATOR SIGNATURE:

DATE: 07/16/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/16/2024
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 7
Control Number 13-CC-20240328090416
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: CREATIVE SCHOLARS ACADEMY PRESCHOOL
FACILITY NUMBER: 045407980
VISIT DATE: 07/16/2024
NARRATIVE
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Director stated that they were not present at the facility during the incident but was aware of the incident from staff. They stated that child (C1) was rolling around the floor of the bathroom causing other children to trip and fall, and the staff were busy trying to pick up C1 who was on the floor and another child (C2) was on the toilet and had fell over and hit their head on the toilet next to them. Director stated that there was a miscommunication with staff and director was texting both families at the same time for C1 and C2. Director stated that staff (S3) had contacted C1’s parents by phone to inform them that C1 was fine.

LPA interviewed staff (S1-S4). 3 of 4 staff were present during the incident.
S1 stated they were present with child (C1) in the bathroom and had put a pull up on C1 before nap time. S1 stated that C1 was crawling around on the bathroom and explained to C1 that they could not do that meanwhile C2 was on the toilet and was laughing and had leaned forward when they were laughing and had hit their head on the toilet next to them. S1 stated that the children were sent out of the bathroom and had checked C2 for a concussion between 7 to 10 minutes. S1 stated that C2’s parents were informed immediately and explained what happened and they picked up C2 that C2 had hit their head very hard but there was no bleeding just bruising. S1 stated that C2 was taken to the doctor to check for a concussion and there was no concussion. S1 stated that C1’s parent came upset because they were informed that C1 had been picked up and taken to the doctor.
S1 stated there was miscommunication and that the director was texting both families of C1 and C2 at the same time and meant to send a message to C2’s parents but had sent a message to C1’s parents indicating that C1 had an incident in the bathroom. S1 stated that they spoke with parent (P2) about C1 during pick up.
S2 stated that (C1) was rolling around the floor in the bathroom and had told C1 to get up and as that happened (S1) was standing there supervising other children. As S1 turned around they saw (C2) was leaning forward looking at C1 and fell off the toilet and hit their head on the toilet next to them. S2 stated that C2’s parents were called immediately because C2 was crying and fell asleep right before nap time. S2 stated that they had heard that there was a miscommunication with C1’s parents and P2 had came in upset and took C1. S2 stated that P2 was upset because they did not get a phone call that C2 was hurt but C1 did not get hurt it was C2 who got hurt and is not related to C1. S2 stated they completed a incident report at 12:07pm for C2 via Procare app.
SUPERVISORS NAME: Megan Aviles
LICENSING EVALUATOR NAME: Bianca Mendez
LICENSING EVALUATOR SIGNATURE:

DATE: 07/16/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/16/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 13-CC-20240328090416
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: CREATIVE SCHOLARS ACADEMY PRESCHOOL
FACILITY NUMBER: 045407980
VISIT DATE: 07/16/2024
NARRATIVE
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S3 stated they were not present for the incident but had come in after the incident. S3 stated they spoke with P1 and called them at 1:45pm that C1 was fine and that C1 was at school and there was a miscommunication, and no one had picked up C1 up from school.

LPA interviewed parents (P1-P3). P1 stated that they received a text message on Wednesday 3/27/24 at 1:13pm and was informed that a serious incident happened regarding their child (C1) and that C1 was picked up and taken to the doctor. P1 stated that they are on the pickup list and P2 is on the pickup list. P1 stated they texted the director on the app and asked who had picked up C1 and where was C1. P1 stated they called 4 times and texted director and then called P2 to ask if they had picked up C1.
P2 stated that there was an incident regarding their child (C1) that occurred in the morning. P2 stated they were called by P2 in the afternoon and was asked if they had picked up C1 because P2 had informed them that C1 had been picked up and taken to the doctor. P2 stated that P1 had been in contact with the director and the director had not responded to 4 messages and 4 phone calls. P2 stated that later that they were informed that the child who fell off the toilet was not C1. P2 stated that they had heard one story from staff that C1 was rolling around the bathroom floor and another child had tripped over them. P2 stated that they were also told that C1 had finished using the bathroom and staff were trying to put a pull up on C1 but C1 was crawling on the bathroom floor and that another child had leaned forward and fell off the toilet.
P3 stated that they were informed immediately when C2 got hurt and was asked by staff how they wanted to proceed. P3 stated that they were informed immediately of the incident and were out of town that day and C2 was picked up and taken to the doctor.

SUPERVISORS NAME: Megan Aviles
LICENSING EVALUATOR NAME: Bianca Mendez
LICENSING EVALUATOR SIGNATURE:

DATE: 07/16/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/16/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 13-CC-20240328090416
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: CREATIVE SCHOLARS ACADEMY PRESCHOOL
FACILITY NUMBER: 045407980
VISIT DATE: 07/16/2024
NARRATIVE
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Based on the evidence obtained, 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 9099D. Appeal rights were provided and exit interview conducted. The Notice of Site Visit must be posted for 30 days.

LPA informed facility representative that this report dated 7/16/24 documents 1 Type A citation(s) which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care.
Also, LPA informed the facility representative to provide a copy of this licensing report dated 7/16/24 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.
Exit interview conducted and report was reviewed with the facility representative Kassidy Lesch Appeal rights were provided.

A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
SUPERVISORS NAME: Megan Aviles
LICENSING EVALUATOR NAME: Bianca Mendez
LICENSING EVALUATOR SIGNATURE:

DATE: 07/16/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/16/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 7
Control Number 13-CC-20240328090416
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: CREATIVE SCHOLARS ACADEMY PRESCHOOL
FACILITY NUMBER: 045407980
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/16/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Deficiency Dismissed
Type A
07/16/2024
Section Cited
CCR
101218.1
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(a) In accordance with the child care center's individual program, policies and needs, the licensee shall develop, implement and maintain an admission procedure that enables the person in charge of admissions to:
(B) Provides the child's parent or authorized representative with information about the child care center that shall at least include the child care center's admission policies and procedures, activities, services, regulations, hours and days of operation, fees, procedures to be followed should the child become ill or injured while at the child care center, and procedures for conducting inspections for illness.
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Licensee will submit a written statement uderstanding the regulations for admission procedures and will have staff meeting with staff on calling authorized representatives on any incidents regarding children.
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Based on interviews and record review, the licensee did not comply with the section cited above in which the family was not notified in a timely manner regarding a incident which poses an immediate health, safety, or personal rights risk to children in care.
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All parents should have a signed LIC 9224 in children's file for new and currently enrolled children.
Plan of action to be submitted to CCLD by 7/17/24
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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: Megan Aviles
LICENSING EVALUATOR NAME: Bianca Mendez
LICENSING EVALUATOR SIGNATURE:

DATE: 07/16/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/16/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 7