<meta name="robots" content="noindex">
Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 191200465
Report Date: 05/02/2024
Date Signed: 05/02/2024 11:06:25 PM

Unsubstantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO CC NORTH, 300 CONTINENTAL BLVD. STE 290A
EL SEGUNDO, CA 90245
This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/13/2024 and conducted by Evaluator Suzette Ornelas
PUBLIC
COMPLAINT CONTROL NUMBER: 58-CC-20240313091018
FACILITY NAME:SHERMAN OAKS LUTHERAN CHILDREN'S CENTERFACILITY NUMBER:
191200465
ADMINISTRATOR:DIANE NIXONFACILITY TYPE:
850
ADDRESS:14847 DICKENS STREETTELEPHONE:
(818) 784-9480
CITY:SHERMAN OAKSSTATE: CAZIP CODE:
91403
CAPACITY:78CENSUS: 44DATE:
05/02/2024
UNANNOUNCEDTIME BEGAN:
08:11 AM
MET WITH:Kimberly OgasTIME COMPLETED:
11:40 AM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Staff forced child to lie down
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On 5/2/2024, Licensing Program Analyst (LPA) Suzette Ornelas conducted an unannounced follow up complaint inspection for the purpose of delivering the findings for the above-mentioned allegations. Upon arrival, LPA was greeted and let into the facility by Director, Kimberly Ogas, to whom the reason for the inspection was announced. LPA toured the facility and observed 45 daycare children and 9 adults.

During the course of the investigation, LPA Ornelas made observations, interviewed the Co Reporting Party (CRP), 5 staff, 6 children and collected documents in the form of children’s roster, incident reports, police report, parent letters with resources and termination documentation and termination letter in regard to the above allegations.

-Pertaining to the allegation that - Staff forced child to lie down
According to the Co Reporting Party (CRP)- Child 1 (C1) was forced to lie down during nap time.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Raul Navarro
LICENSING EVALUATOR NAME: Suzette Ornelas
LICENSING EVALUATOR SIGNATURE:

DATE: 05/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/02/2024
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 6
Control Number 58-CC-20240313091018
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO CC NORTH, 300 CONTINENTAL BLVD. STE 290A
EL SEGUNDO, CA 90245
FACILITY NAME: SHERMAN OAKS LUTHERAN CHILDREN'S CENTER
FACILITY NUMBER: 191200465
VISIT DATE: 05/02/2024
NARRATIVE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
According to Staff 1 (S1), Staff 3 (S3), Staff 4 (S4), Staff 5 (S5) and Staff 7 (S) children are aware of nap time rules and are given the opportunity to nap and told to lie down and nap but are not forced to lie down. There is an opportunity for quiet time activities.

According to Child 4 (C4), Child 5 (C5), Child 7 (C7), Child 8 (C8) and Child 9 (C9), their teachers do not make them lie down. If they do not want to sleep, they lie down, pretend to sleep or read a book.

Based on the evidence as documented above, the allegations have been determined to be Unsubstantiated. A finding that the complaint is unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the allegation occurred.

A notice of site visit was given and must remain posted for 30 days.

Exit interview conducted and report was reviewed with Director, Kimberly Ogas.
SUPERVISORS NAME: Raul Navarro
LICENSING EVALUATOR NAME: Suzette Ornelas
LICENSING EVALUATOR SIGNATURE:

DATE: 05/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/02/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 6
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO CC NORTH, 300 CONTINENTAL BLVD. STE 290A
EL SEGUNDO, CA 90245
This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/13/2024 and conducted by Evaluator Suzette Ornelas
COMPLAINT CONTROL NUMBER: 58-CC-20240313091018

FACILITY NAME:SHERMAN OAKS LUTHERAN CHILDREN'S CENTERFACILITY NUMBER:
191200465
ADMINISTRATOR:DIANE NIXONFACILITY TYPE:
850
ADDRESS:14847 DICKENS STREETTELEPHONE:
(818) 784-9480
CITY:SHERMAN OAKSSTATE: CAZIP CODE:
91403
CAPACITY:78CENSUS: 44DATE:
05/02/2024
UNANNOUNCEDTIME BEGAN:
08:11 AM
MET WITH:Kimberly OgasTIME COMPLETED:
11:40 AM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Child sustained unexplained bruising while in care
Staff confined children to bathroom
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On 5/2/2024, Licensing Program Analyst (LPA) Suzette Ornelas conducted an unannounced follow up complaint inspection for the purpose of delivering the findings for the above-mentioned allegations. Upon arrival, LPA was greeted and let into the facility by Director, Kimberly Ogas, to whom the reason for the inspection was announced. LPA toured the facility and observed 45 daycare children and 9 adults.

During the course of the investigation, LPA Ornelas made observations, interviewed the Co Reporting Party (CRP), 5 staff, 6 children and collected documents in the form of children’s roster, incident reports, police report, parent letters with resources and termination documentation and termination letter in regard to the above allegations.

-Pertaining to the allegation that - Child sustained unexplained bruising while in care
According to the CRP - Child 1 (C1) obtained red bruising/mark on the tip of the nose while in care.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Raul Navarro
LICENSING EVALUATOR NAME: Suzette Ornelas
LICENSING EVALUATOR SIGNATURE:

DATE: 05/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/02/2024
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 6
Control Number 58-CC-20240313091018
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO CC NORTH, 300 CONTINENTAL BLVD. STE 290A
EL SEGUNDO, CA 90245
FACILITY NAME: SHERMAN OAKS LUTHERAN CHILDREN'S CENTER
FACILITY NUMBER: 191200465
VISIT DATE: 05/02/2024
NARRATIVE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
According to Staff 4 (S4) and Staff 7 (S7), C1 was observed with red bruising/mark on the tip of the nose after nap time. S4 and S7 further stated that child was observed crying and throwing a fit and rubbing her nose on the mat and sheets and it is possible that the mark was obtained from the friction of her rubbing her nose on the mat and sheets.

-Pertaining to the allegation that - Staff confined children to bathroom
According to CRP- an unknown parent found the 2-3 children in the restroom in the elephant room while picking up their child early from school. CRP further stated that the unknown children were children that should have been in Staff 6 (S6) classroom.

According to Staff 1 (S1) – an internal investigation was conducted after Staff 3 (S3) informed staff that they observed Staff 6 (S6) putting children in the restroom and/or the room where the napping equipment is kept also known as the Rhino Room that is accessible from a second door inside of the restroom then turning the lights off and shutting the door leaving children in the room by themselves. S1 stated that S6 was terminated as of 1/16/2024.

According to Staff 3 (S3),S3 observed S6 grab C1 by the arm, into to the restroom then close the door and leave C1 there with the lights off. S6 would hold the door for no more than five minutes and tell C1to stop and while child was kicking and crying. S3 further stated there is another room where they store the beds that is accessible from the restroom. S3 observed S6 put C3 in the other room with the lights off as S6proceeded to close and hold the door shut for no longer than about 1 minute. Additionally, S6 threatened Child 2 (C2) to behave or be put in what S6 would call the “Pumpkin Room”.

According to Staff 5 (S5), S5 heard that S6 was going to put C2 in the pumpkin room and one day C2 said they no longer wanted to go in that room.

According to Child 7 (C7), Child (8) and Child 9 (C9), they stated that the “pumpkin room” is a dark room where the beds are. C7 stated that S6 would place C2 in the “dark room” if C2 was not a good listener and that C6 did not want to go in there. C8 stated that C1 and C2 went into the pumpkin room once because they were being mean and not nice. C9 stated that some children like going into the pumpkin room and some don’t. C9 further stated that they were scared and that if they are not being nice, they go in there and stay in there forever.
SUPERVISORS NAME: Raul Navarro
LICENSING EVALUATOR NAME: Suzette Ornelas
LICENSING EVALUATOR SIGNATURE:

DATE: 05/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/02/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 58-CC-20240313091018
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO CC NORTH, 300 CONTINENTAL BLVD. STE 290A
EL SEGUNDO, CA 90245
FACILITY NAME: SHERMAN OAKS LUTHERAN CHILDREN'S CENTER
FACILITY NUMBER: 191200465
VISIT DATE: 05/02/2024
NARRATIVE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
The following deficiencies are cited per California Code of Regulations, TITLE 22:

Type A - 101223(a)(3)

Type B - 101223(a)(2)

See LIC9099-D for deficiencies.

Upon receipt, the Director shall post the Notice of Site Visit and the Licensing report. This report and the Notice of Site Visit shall be posted for thirty (30) consecutive days. Failure to maintain posting as required will result in a $100 civil penalty. A copy of this report shall be provided to the parents/guardians of the children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parents/guardians of any children newly enrolled at the facility for the next twelve (12) months. The LIC 9224 Acknowledgement of Receipt of Licensing Reports must be maintained in each child's file immediately upon receipt from the parent.

LPA provided Director with a blank copy of the LIC 9224 Acknowledgement of Receipt of Licensing Report.


Based on the information obtained through observations and interviews, the allegation is substantiated. A substantiated finding means that the complaint is substantiated and the allegation is valid because the preponderance of the evidence standard has been met.

A notice of site visit was given and must remain posted for 30 days.

Exit interview conducted and report was reviewed with Director, Kimberly Ogas.
SUPERVISORS NAME: Raul Navarro
LICENSING EVALUATOR NAME: Suzette Ornelas
LICENSING EVALUATOR SIGNATURE:

DATE: 05/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/02/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 58-CC-20240313091018
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO CC NORTH, 300 CONTINENTAL BLVD. STE 290A
EL SEGUNDO, CA 90245

FACILITY NAME: SHERMAN OAKS LUTHERAN CHILDREN'S CENTER
FACILITY NUMBER: 191200465
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/02/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/30/2024
Section Cited
CCR
101223(a)(3)
1
2
3
4
5
6
7
101223(a)(3) 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. This requirement is not met as evidence by:
1
2
3
4
5
6
7
Director stated that the Rhino Room will be reopened and would return to classroom use beginning 8/15/2024. In the meantime, a door knob with a lock would be installed so the Rhino Room is inacessible from the restroom. Director will provide proof of corrections via emai to LPA.
8
9
10
11
12
13
14
Based on interviews and observations, Staff 6 was punishing children by putting them in the restroom and/or the room where the napping equipment is kept also known as the Rhino Room that is accessible from a second door inside of the restroom then turning the lights off and shutting the door leaving children in the room by themselves which poses an immediate risk to the health and safety of children in care.
8
9
10
11
12
13
14
Type B
05/30/2024
Section Cited
CCR
101223(a)(2)
1
2
3
4
5
6
7
101223(a)(2) Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights:
(2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement is not met as evidence by:
1
2
3
4
5
6
7
Director agreed that a calming corner will be created in the classrooms with pillows and a soft rug so that children who are having difficult time can have an area where they can go to. Director will provide LPA with pictures of the calming corner has been created.
8
9
10
11
12
13
14
Based on interviews and observations, child obtained bruising/mark on her nose from crying and rubbing their face on the napping equipment which poses a potential risk to the health and safety of children in care.
8
9
10
11
12
13
14
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: Raul Navarro
LICENSING EVALUATOR NAME: Suzette Ornelas
LICENSING EVALUATOR SIGNATURE:

DATE: 05/02/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/02/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 6