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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 191501760
Report Date: 08/30/2023
Date Signed: 08/30/2023 01:33:18 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/02/2023 and conducted by Evaluator Nolan Tcheng
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20230602115258
FACILITY NAME:A CHILD'S GARDEN SCHOOLFACILITY NUMBER:
191501760
ADMINISTRATOR:ROSALYN SEVGIYANFACILITY TYPE:
850
ADDRESS:535 WEST ROSES ROADTELEPHONE:
(626) 282-2731
CITY:SAN GABRIELSTATE: CAZIP CODE:
91775
CAPACITY:97CENSUS: 0DATE:
08/30/2023
UNANNOUNCEDTIME BEGAN:
08:35 AM
MET WITH:Lucero San Lucas - DirectorTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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Facility has hazards accessible to children outdoors
Facility is operating out of ratio.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Nolan Tcheng conducted an unannounced subsequent inspection of a complaint investigation for the purpose of delivering complaint findings. Upon arrival at 8:35am, LPA met with Director Lucero San Lucas, to whom the purpose of the inspection was explained. There were no children present during the time of inspection.

Census was taken. There were 0 children with 8 staff members.

During the course of the investigation, LPA conducted interviews with seven staff members and eight parents. Documentation in the form of Child Care Facility Roster, Personnel Report, Designation of Responsibility, Incident report, and Pictures were obtained.

REPORT CONTINUES PAGE 1 of 3
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:

DATE: 08/30/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/30/2023
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 8
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/02/2023 and conducted by Evaluator Nolan Tcheng
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20230602115258

FACILITY NAME:A CHILD'S GARDEN SCHOOLFACILITY NUMBER:
191501760
ADMINISTRATOR:ROSALYN SEVGIYANFACILITY TYPE:
850
ADDRESS:535 WEST ROSES ROADTELEPHONE:
(626) 282-2731
CITY:SAN GABRIELSTATE: CAZIP CODE:
91775
CAPACITY:97CENSUS: 0DATE:
08/30/2023
UNANNOUNCEDTIME BEGAN:
08:35 AM
MET WITH:Lucero San Lucas - DirectorTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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9
Physical Plant
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Nolan Tcheng conducted an unannounced subsequent inspection of a complaint investigation for the purpose of delivering complaint findings. Upon arrival at 8:35am, LPA met with Director Lucero San Lucas, to whom the purpose of the inspection was explained. There were no children present during the time of inspection.

Census was taken. There were 0 children with 8 staff members.

During the course of the investigation, LPA conducted interviews with seven staff members and eight parents. Documentation in the form of Child Care Facility Roster, Personnel Report, Designation of Responsibility, incident report, and Pictures were obtained.

REPORT CONTINUES PAGE 1 of 2
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:

DATE: 08/30/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/30/2023
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 8
Control Number 33-CC-20230602115258
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: A CHILD'S GARDEN SCHOOL
FACILITY NUMBER: 191501760
VISIT DATE: 08/30/2023
NARRATIVE
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Information from the complainant indicates that there is an old rotten smell in the back classrooms.

During the tour of the facility grounds on all inspection dates, LPA did not observe any malodorous smells in the back classrooms indicated on the report,

Interview with Staff #3 and Staff #4 states that there was a smell in the room, Staff #3 states it smells like “mold, mildew, or rats." Staff #4 states “they tried to clean it and they called someone to come…they couldn’t find anything. Could just have been old ducts.” Staff #5 states there is a smell in Room 1 that no one can identify.

Parents made no disclosures regarding the above allegation.

Based on the information provided, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated.

The Notice of Site Visit (LIC 9213) – must remain posted for 30 days during the hours of operation after each site visit made by a licensing representative.



Exit interview was conducted with Director Lucero San Lucas, at 10:55am. Copy of report provided.

END OF REPORT PAGE 2 of 2
SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:

DATE: 08/30/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/30/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 8
Control Number 33-CC-20230602115258
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: A CHILD'S GARDEN SCHOOL
FACILITY NUMBER: 191501760
VISIT DATE: 08/30/2023
NARRATIVE
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Information from the complainant indicates that the there are hazardous items accessible to the children in care.

Director states that there was work on the church chapel but “it is not grounds that children have access to in the morning. Work is conducted during school time but it was on the other side of the meadow (play area) fence.” Director provided LPA with a picture of a ladder with electric saw hanging from it next to the meadow fence. Director continued to state that in the back of the school there is construction but there are benches blocking the access to it. LPA observed the benches and obtained pictures of it during inspection on 06/12/2023.

Staff interviews with Staff #2, #3, and #4 corroborated the ladder and electric saw by the meadow. Staff state that the fence by the meadow has a hole in the fence that children can climb through. During LPA’s inspection on 06/12/2023, LPA obtained pictures of a torn fence by the meadow fence that was near where the ladder and saw were. Staff interviews disclosed that the back outdoor play area has been under construction. Staff interviews all corroborated that there are two benches that create a barrier to that back area but it does not make it inaccessible and children could climb over. LPA reviewed the back area and observed brooms, small shovel, and wood board covering a hole in ground. Pictures were obtained.

Interview with Parent #3, #4, and #7 also corroborate that the meadow fence needs replacing.

The hole observed in the meadow fence is large enough that a small child could climb out. This would have placed the child directly next to where the ladder and electric saw were placed, during operation hours. The tools and dug up ground in the back play area was not made inaccessible to children in care.

Based on LPAs observations and interviews which were conducted, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 Chapter 1 101223 Personal Rights), are being cited on the attached deficiencies page.”)

Information from the complainant indicates that the facility has been operating out of ratio.

During interview, director was able to provide me with the correct Teacher to child ratio of 1 teacher to 12 children. Director made no disclosures regarding the allegation and stated that “teachers will have a floater step in.”

REPORT CONTINUES PAGE 2 of 3

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:

DATE: 08/30/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/30/2023
LIC9099 (FAS) - (06/04)
Page: 6 of 8
Control Number 33-CC-20230602115258
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: A CHILD'S GARDEN SCHOOL
FACILITY NUMBER: 191501760
VISIT DATE: 08/30/2023
NARRATIVE
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Staff interviews were all able to correctly provide the teacher to child ratio. Staff #3 stated that they have had to “step in on my lunch to help” another teacher who was out of ratio. Staff #4 stated “sometimes we would be out of ratio…happened during surround care in the PM where there were more kids in one area.” Additionally, staff state that they sometimes do not get breaks due to understaffing.

Parent interviews had a disclosure from Parent #4 stating they have seen “15 or more with 1 teacher” during drop off. The continued to say that they would see between 8-13 children with one teacher at pick up time.

Based on LPA’s interviews which were conducted, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 Chapter 1 101216.3 Teacher-Child Ratio), are being cited on the attached deficiencies page.”)

Upon receipt of this report documenting a Type A deficiency, the licensee shall do the following:


1. Post the Notice of Site visit and any licensing report documenting a Type “A” deficiency.
2. The report and the Notice of Site visit shall be posted for 30 consecutive days. Failure to maintain posting as required, will result in an immediate $100 civil penalty.
3. A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled children for the next 12 months (1 year).
4. The Acknowledgement form (LIC 9224) must be maintained in each child’s file immediately upon receipt from parent. A copy of the parent Acknowledgement of Receipt of Licensing Reports Form was provided during this visit.

Exit interview conducted with Director Lucero San Lucas, at 10:55am. Plan of corrections reviewed and copy of report provided.

END OF REPORT PAGE 3 of 3

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:

DATE: 08/30/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/30/2023
LIC9099 (FAS) - (06/04)
Page: 7 of 8
Control Number 33-CC-20230602115258
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: A CHILD'S GARDEN SCHOOL
FACILITY NUMBER: 191501760
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/30/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/31/2023
Section Cited
CCR
101223(a)(2)
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Personal Rights
To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.


This requirement is not met as evidenced by:
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Per Licensee, they will reinforce and fix the fence by the Meadow play yard until funds are enough to replace. LPA observed during the inspection that the back play yard has completeed construction and there are no more hazards present. Pictures will be submitted to LPA by POC date.
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Based on interview and observation, Licensee did not ensure that children were provided safe accommodation, by not making construction and power tools inaccessible to children in care. This posed an immediate risk to the health, safety, and personal rights of children in care.
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Type A
08/31/2023
Section Cited
CCR
101216.3(a)
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Teacher-Child Ratio
There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance


This requirement is not met as evidenced by:
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Per Licensee, they will submit an updated time sheet for the staff schedules to ensure that there is always the appropraite amount of staff to supervise children, with the allowance of breaks and ability of additional staff to step in if needed. A written declaration was obtained on this date with
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Based on interviews, Licensee did not ensure that there was enough staff available to remain in compliance with the teacher-child ratio. This posed an immediate risk to the health, safety, and personal rights of children in care.
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DIrector stating that they would contact a substitute to come or contact families to have child picked up if children numbers were to exceed ratio A POC visit will be conducted at a later date.
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: Claudia Guangorena
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:

DATE: 08/30/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/30/2023
LIC9099 (FAS) - (06/04)
Page: 8 of 8