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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 073408282
Report Date: 07/19/2021
Date Signed: 07/19/2021 05:24:10 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, SUITE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/15/2021 and conducted by Evaluator Monica Mathur
PUBLIC
COMPLAINT CONTROL NUMBER: 02-CC-20210715151338
FACILITY NAME:KIDS SPEAKING SPANISH PRESCHOOLFACILITY NUMBER:
073408282
ADMINISTRATOR:GARCIA, LILIANAFACILITY TYPE:
850
ADDRESS:2780 CAMINO DIABLOTELEPHONE:
(925) 954-1540
CITY:WALNUT CREEKSTATE: CAZIP CODE:
94597
CAPACITY:72CENSUS: 6DATE:
07/19/2021
UNANNOUNCEDTIME BEGAN:
01:15 PM
MET WITH:Liliana GarciaTIME COMPLETED:
05:30 PM
ALLEGATION(S):
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Personal rights - Staff handled child in a rough manner
INVESTIGATION FINDINGS:
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On 7/19/21 at 1:15 PM Licensing Program Analysts (LPAs) Monica Mathur and Michelle Sutton conducted an Unannounced Initial Complaint Investigation at KSS Preschool . LPAs met with Director, Liliana Garcia and explained the purpose of the investigation.

Complainant alleges that staff handled child in a rough manner. During the course of the investigation, LPAs inspected the facility, made room observations, reviewed video footage, records, and conducted interviews.Video footage shows that on 7/14/21 during outdoor activity, Staff 1 removed Child 1 from the sandbox and placed on the adjacent tan bark area in a rough, forceful manner. Child 1, age 2.5 years old, sat on the tan bark for about 6 minutes while Staff 1 sat on the wood frame nearby, no engaging or talking to child. Child 1 tried to reach out to Staff 1 twice and was pushed down each time. Another teacher was present with the children and witnessed this happen but did not report it. This is a violation of personal rights and an immediate risk to health and safety of children. Licensee understands that time out can be given only for as many number of minutes per years in age.

Continued on page 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Sherelle Johnson
LICENSING EVALUATOR NAME: Monica Mathur
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2021
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 02-CC-20210715151338
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, SUITE 1102
OAKLAND, CA 94612
FACILITY NAME: KIDS SPEAKING SPANISH PRESCHOOL
FACILITY NUMBER: 073408282
VISIT DATE: 07/19/2021
NARRATIVE
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Based on the interviews and information obtained throughout the investigation, the preponderance of evidence standard has been met. Therefore, the allegation is SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 is being cited on 9099-D page for Type A.

101223 Personal rights (a) The licensee shall ensure that each child is accorded the following personal rights (3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.

Due to the issuance of a Type A citation during today's inspection, a copy of this Licensing Report must be posted in the facility and given to each existing parent by the end of today or next day child is in care. Report also has to be provided to the parent of children who are enrolled over the next 12 months. In addition, a copy of the LIC 9224 Acknowledgement of Receipt of Licensing Reports must be signed by each parent and kept in each child's file.

An office meeting with CCL Management will be conducted at a future date to discuss this citation.

Exit interview was conducted, where this report, the deficiency, plan of correction, and appeal rights were discussed with Director, Liliana Garcia.

A NOTICE OF SITE VISIT WAS ISSUED, AND MUST BE POSTED NEAR OR ADJACENT TO THE INTERIOR SIDE OF THE MAIN DOOR INTO THE FACILITY FOR 30 CONSECUTIVE DAYS
SUPERVISORS NAME: Sherelle Johnson
LICENSING EVALUATOR NAME: Monica Mathur
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 02-CC-20210715151338
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, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: KIDS SPEAKING SPANISH PRESCHOOL
FACILITY NUMBER: 073408282
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/19/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
07/20/2021
Section Cited
CCR
101223(a)(3)
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101223 Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights (3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature [...]. This requirement is not met as evidenced by:
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By end of 7/20/21 Director agrees to submit a written plan to how Center will ensure personal rights are not violated, and mandated reporter requirements.
By 7/26/21 all staff meeting training to be held, videos on personal rights and mandated reporter training to be watched and proof of meeting attendance to be sumbitted to CCLD. Videos can be acessed on www.ccld.ca.gov
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Per video footage, on 7/14/21 Staff 1 mishandled Child1 in a rough manner in the outdoor play yard with time out for more than 6 minutes. Child 1 is 2.5 year old. This is an immediate risk to the health and safety of children in care.
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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: Sherelle Johnson
LICENSING EVALUATOR NAME: Monica Mathur
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2021
LIC9099 (FAS) - (06/04)
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