197411211-8-3-2023-58-CC-BBEL-CUQNPK-20230815103827

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 197411211
Report Date: 08/03/2023
Date Signed: 08/03/2023 05:26:09 PM

Substantiated

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
05/23/2023 and conducted by Evaluator Lilia Hernandez

PUBLIC

COMPLAINT CONTROL NUMBER: 58-CC-20230523103020

FACILITY NAME:	TUTOR TIME LEARNING CENTER		FACILITY NUMBER:	197411211
ADMINISTRATOR:	CHERYL GARTSMAN		FACILITY TYPE:	850
ADDRESS:	5855 DE SOTO AVENUE		TELEPHONE:	(818) 710-1677
CITY:	WOODLAND HILLS	STATE: CA	ZIP CODE:	91367
CAPACITY:	120	CENSUS: 70	DATE:	08/03/2023
		UNANNOUNCED	TIME BEGAN:	02:35 PM
MET WITH:	Cheryl Gartsman, Director		TIME COMPLETED:	03:48 PM

ALLEGATION(S):

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Staff handled day-care children in a rough manner

INVESTIGATION FINDINGS:

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On 08/03/23 at 2:35PM, Licensing Program Analyst (LPA) Lilia Hernandez conducted an unannounced site inspection for the purpose of delivering findings for a complaint allegation received on 05/23/23, associated to complaint control number 58-CC-20230523103020.

LPA Lilia Hernandez is delivering findings for an investigation conducted by LPA Antonio Almanza.

LPA met with Director Cheryl Gartsman and explained the purpose of the visit. During today’s visit, there were 13 staff providing care and supervision to 70 children.

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Rita Ramos
LICENSING EVALUATOR NAME: Lilia Hernandez
LICENSING EVALUATOR SIGNATURE:	DATE: 08/03/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/03/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 58-CC-20230523103020

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: TUTOR TIME LEARNING CENTER	FACILITY NUMBER: 197411211
	VISIT DATE: 08/03/2023

NARRATIVE

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Throughout the course of the investigation, LPA Almanza conducted interviews with the Parent (P1) of Child 1 (C1) and five staff, and reviewed photographs of injuries sustained by C1.

-Pertaining to the allegation that “Staff handled day-care children in a rough manner”: this allegation refers to two separate incidents, one of which occurred on 01/04/23 and another which occurred on 01/17/23.

The incident which occurred on 01/04/23 was that Parent 1 (P1) was viewing the classroom camera via the Sprout app at around 04:08 pm when P1 allegedly saw Staff 1 (S1) pin C1’s arms by their side and pick C1 up from behind. P1 immediately phoned to notify the facility of the incident while driving to the Center. At 4:15 pm, P1 arrived at the facility to pick C1 up and talked to Staff 3 (S3). S3 told P1 that they could not confirm what P1 observed on video and that they would investigate.

Per S1, on 01/04/23, S1 happened to be in the classroom to get something when Staff 2 asked S1 to take C1 to the office. C1 was running back and forth and throwing chairs and in order to keep C1 from hurting other children, S1 grabbed C1, forcing C1 to the ground, putting C1 between S1’s legs, with C1 facing away from S1 and then S1 put their arms around C1, holding C1’s arms underneath them. As C1 was screaming and crying. S1 held C1 until C1 calmed down. When asked about the incident by P1, S1 told P1 that C1 was picked up because C1 was going to hit another child. At pick up, C1 was crying and told P1 that C1 was playing and that S1 was lying.

Staff 4 (S4) corroborated S1’s account that S1 had restrained C1 in order to keep C1 from hitting another child by grabbing C1 from around their torso, stating that S1 did not squeeze or hold C1 tight.

S1 states that they took classes on restraining and learned how to restrain children by holding them underneath without hurting them, but admits that the Center’s policy is that staff are not allowed to put hands on children, though it allows staff to restrain children forcefully, not hurting them.

SUPERVISORS NAME: Rita Ramos
LICENSING EVALUATOR NAME: Lilia Hernandez
LICENSING EVALUATOR SIGNATURE:	DATE: 08/03/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/03/2023

LIC9099 (FAS) - (06/04)

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Control Number 58-CC-20230523103020

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: TUTOR TIME LEARNING CENTER	FACILITY NUMBER: 197411211
	VISIT DATE: 08/03/2023

NARRATIVE

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The incident which occurred on 01/17/23, according to P1, was that S2 picked up C1 from under the arms in a rough manner. S2 notified P1 that C1 was not listening and running from them; as a result S2 picked C1 up and took C1 to the office. P1 became aware of the incident during bath time when P1 observed gouges (two marks) on C1’s right arm, by C1’s armpit. On 01/18/23, the facility’s Regional Manager investigated the incident and P1 was notified that S2 would not be allowed back into the classroom with C1.

S2 disclosed that on 01/17/23, during nap time, S2 was alone in the classroom since their co-staff was at lunch. C1 would not stay in the bed, was argumentative, and was taking toys and tucking them in the bed. S2 recalls taking the toys from C1’s bed, but does not recall anything physical or forceful, picking C1 up, or taking C1 to the office. S2 stated that if someone said S2 picked C1 up and took C1 to the office, it might have happened.

S4 reported that they do not remember everything that happened to C1 on 01/17/23. S4 conducted an internal investigation and discovered that C1 ended up with two marks under C1’s arm. S4 reviewed video footage from when the incident happened but did not see S2 pick up C1. S4 observed S2 take the toys from C1, while on the bed, and that is when C1 got scratched. S4 disclosed that staff have had to grab C1 before.

LPA Almanza received photographs of C1’s right arm dated 01/17/23. LPA observed that there are two small, red oval-shaped marks with broken skin.

This agency has investigated the allegation that “Staff handled day-care children in a rough manner.” Based on interviews which were conducted, the preponderance of evidence standard has been met, therefore the above allegations is found to be Substantiated. California Code of Regulations, (Title 22, Division 12, Chapter 1, Article 06, Section 101223 Personal Rights) is being cited on the attached LIC9099D.

A notice of site visit was given and must remain posted for 30 days. Exit interview conducted and report was reviewed with the facility representative Cheryl Gartsman.

SUPERVISORS NAME: Rita Ramos
LICENSING EVALUATOR NAME: Lilia Hernandez
LICENSING EVALUATOR SIGNATURE:	DATE: 08/03/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/03/2023

LIC9099 (FAS) - (06/04)

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Control Number 58-CC-20230523103020

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: TUTOR TIME LEARNING CENTER	FACILITY NUMBER: 197411211
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 08/03/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 08/11/2023 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	101223(a)(3) Personal Rights, To be free from corporal or unusual punishment, infliction of pain, humiliation...including but not limited to: interference with functions of daily living...aids to physical functioning. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Per Director, staff will continue to use walkies to request support in the classrooms and watch “Children’s Personal Rights in Child Care” video on https://ccld.childcarevideos.org/child-care-center-operators/
	8 9 10 11 12 13 14	Based on documentation obtained and interviews conducted, on 01/04/23, S1 restrained C1; and on 01/17/23, S2 scratched C1 under the right arm, which poses a potential Health or Safety, or Personal Rights risk to persons in care.	8 9 10 11 12 13 14	Each staff member will view and write a summary of their understanding of Personal Rights. Each staff should sign and date their summary and submit to LPA via email by the POC due date.
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	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Rita Ramos
LICENSING EVALUATOR NAME: Lilia Hernandez
LICENSING EVALUATOR SIGNATURE:	DATE: 08/03/2023

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/03/2023

LIC9099 (FAS) - (06/04)

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