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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 103808502
Report Date: 05/18/2022
Date Signed: 05/18/2022 11:13:43 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/10/2022 and conducted by Evaluator Ruby Ocegueda
PUBLIC
COMPLAINT CONTROL NUMBER: 04-CC-20220510103054
FACILITY NAME:OPPORTUNITY THROUGH EDUC./WILSON ELEM. PSFACILITY NUMBER:
103808502
ADMINISTRATOR:GONZALEZ, MARGARITAFACILITY TYPE:
850
ADDRESS:1325 STILLMAN STREETTELEPHONE:
(559) 891-1199
CITY:SELMASTATE: CAZIP CODE:
93662
CAPACITY:24CENSUS: 13DATE:
05/18/2022
UNANNOUNCEDTIME BEGAN:
09:15 AM
MET WITH:Margarita GonzalezTIME COMPLETED:
11:30 AM
ALLEGATION(S):
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Staff left a daycare child on the playground alone
INVESTIGATION FINDINGS:
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On 5/18/2022, Licensing Program Analyst (LPA) Ocegueda conducted an unannounced complaint inspection at the facility. LPA provided identification upon arrival and provided the reason for the inspection. LPA met with Site Supervisor Margarita Gonzalez today. LPA toured the facility and took a census.

Today, LPA Ocegueda confirmed through interview that on 5/10/2022 at approximately 9:50 AM child #1 was left outside in the play yard without staff supervision for approximately 10 minutes. On 5/10/2022, Program Director, Dominique Herron, also called the Department to self report on this incident.

Today, 5/18/2022, LPA confirmed through interview that on 5/10/2022, child #1 was left without supervision in the facility play yard. Child #1 was in line to return inside the classroom from the play yard, and after he/she was counted by staff #2 during the head count, he/she returned back outside without staff #2 noticing as child #1 was in the back of the line. An adult not related to this facility knocked on the entrance door and notified the facility of child #1 being outside alone. Report continued to 9099-C
Substantiated
Estimated Days of Completion: 30
SUPERVISORS NAME: Michael Duarte
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 05/18/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/18/2022
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 3
Control Number 04-CC-20220510103054
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: OPPORTUNITY THROUGH EDUC./WILSON ELEM. PS
FACILITY NUMBER: 103808502
VISIT DATE: 05/18/2022
NARRATIVE
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Report continued from previous 9099 page

Today, LPA addressed supervision requirements and reviewed the incident with Site Supervisor. Per Site Supervisor, the facility has taken additional steps to ensure this does not occur again. Per site supervisor, the usual procedure for transitions, involves counting the children as they enter the classroom, with one staff in the front of the line as they enter and one staff in the back of the line. Site Supervisor stated that if there was ever a situation that a staff could not be in the back of the line (as was the case on 5/10/2022), the one staff will be counting the children and stand in the back of the line to ensure that no child returns back to the play yard unnoticed. The door leading to the play yard also has a chime that sounds off when the door is opened.

During the course of the investigation, LPA Ocegueda conducted interviews of the Reporting Party (RP) and staff. LPA also reviewed records obtained by the Department. This agency has investigated the complaint allegation stating that staff left a day-care child on the playground without supervision and the Department has found that the complaint was SUBSTANTIATED, meaning the preponderance of evidence standard has been met.

Per Title 22, Division 12, Chapter 3, of the California Code of Regulations, the following deficiency was cited (see 9099-D). A $500.00 dollar civil penalty was assessed today.

An Exit interview was conducted with Site Supervisor Margarita Gonzalez. A copy of this report and appeal rights were provided to Site Supervisor. LPA provided a copy of “Acknowledgment of Receipt of Licensing Form” (LIC 9224). Upon receipt, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months.

A copy of this report and Notice of Site Visit (LIC 9213) shall be posted for 30 days.
SUPERVISORS NAME: Michael Duarte
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 05/18/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/18/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 04-CC-20220510103054
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: OPPORTUNITY THROUGH EDUC./WILSON ELEM. PS
FACILITY NUMBER: 103808502
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/18/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/19/2022
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...Supervision shall include visual observation. This requirement was not met as evidenced by: records and interview.
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Site Supervisor stated the facility staff have discussed a plan and procedures to ensure children are supervised at all times as required. Site Supervisor stated she would submit proof of written plan and a meeting agenda signed by each staff by POC date: 5/19/2022.
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Interview and record review revealed that child #1 was left without supervision in the play yard on 5/10/2022 for about 10 minutes. This posed/poses an immediate risk to the health, safety and/or personal rights to the children in care. A $500.00 immediate civil penalty was assessed.
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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: Michael Duarte
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 05/18/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/18/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 3