304370174-5-25-2021-06-CC-RLOZ-C3F4V4-20210527192540

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370174
Report Date: 05/25/2021
Date Signed: 05/25/2021 12:36:04 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, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/24/2021 and conducted by Evaluator Eileen Corral

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20210324091009

FACILITY NAME:	LA HABRA HERITAGE SCHOOL		FACILITY NUMBER:	304370174
ADMINISTRATOR:	WIJEGUNARATNE, DEEPIKA		FACILITY TYPE:	850
ADDRESS:	323 NORTH EUCLID STREET		TELEPHONE:	(562) 691-1967
CITY:	LA HABRA	STATE: CA	ZIP CODE:	90631
CAPACITY:	51	CENSUS: 28	DATE:	05/25/2021
		UNANNOUNCED	TIME BEGAN:	09:00 AM
MET WITH:	Director Deepika Wijegunaratne		TIME COMPLETED:	10:05 AM

ALLEGATION(S):

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Facility is operating out of ratio
Daycare children are allowed to co-mingling

INVESTIGATION FINDINGS:

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Tele-Investigation COVID-19 State of Emergency
Licensing Program Analyst (LPA) Corral conducted a complaint investigation with Director Deepika Wijegunaratne in response to a complaint received on 03/23/2021 regarding the facility operating out of ratio and Daycare children being allowed to co-mingle. This is a continuation of the investigation initiated on 04/02/2021. LPA Corral informed Director that due to COVID-19 and Department of Public Health (DPH) guidelines of social distancing a Tele-Investigation would be conducted. The COVID-19 Emergency Response questionnaire was reviewed and answered by Director.

During the Tele-Inspection Director stated there were 28 preschool children in care and 3 teachers in the preschool classroom. A review of the Facility Personnel Report Summary conducted on 05/25/2021 indicates all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.
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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Eileen Corral
LICENSING EVALUATOR SIGNATURE:	DATE: 05/25/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/25/2021

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 06-CC-20210324091009

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: LA HABRA HERITAGE SCHOOL	FACILITY NUMBER: 304370174
	VISIT DATE: 05/25/2021

NARRATIVE

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The Complaint received on 03/23/2021 alleged that the facility was operating out of ratio, the complaint also alleged Daycare children are allowed to co-mingle with school age children. During the initial 10 Day Tele-Inspection LPA Corral conducted an interview with the Director Deepika, LPA also requested sign in and sign out sheets along with Staff Contact information and Staff Timecards. Director emailed LPA Corral a copy of the sign in and sign out sheets on 04/07/2021.

Ratio – LPA Corral conducted a Record Review of the preschool sign in and sigh out sheets for the weeks of 03/15/2021 – 03/19/2021 and 03/22/2021 – 03/26/2021. The records reviewed showed that the Facility was operating out of ratio nine out of ten days that were reviewed. The Facility was out of compliance from 03/15/2021 – 03/19/2021 and 03/22/2021 – 03/25/2021. LPA Corral also conducted Staff interviews, both Staff Members stated that the Day Care Classroom has two teachers present in the Room.

Based on the information that was obtained from 2 Staff Interviews and also Record Review conducted by LPA Corral, the preponderance of evidence standard has been met, therefore the allegation regarding the facility operating out of ratio is found to be Substantiated. This constitutes a violation of operation of Title 22, California Code of Regulations, 101216.3(a) Teacher-Child Ratio which states, there shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below. This allegation is being cited on the attached LIC9099D.

Comingle– During the course of the investigation LPA Corral also interviewed 5 Staff Members regarding the Comingling of Day Care Children. In three of the Staff Member interviews, the Teachers stated that preschool and school aged children play together in the afternoon. One Staff member stated that preschool and school age children co-mingle and interact in the preschool playground at the end of the day. Another Staff stated that preschool and school age children are together in the same classroom when one of the teachers needs to use the restroom. During the Staff Interviews three out of the five Staff members stated that preschool and school age children comingle at the end of the day in the school age room or in the preschool playground.

Based on the information that was obtained from interviewing three Staff Members, the preponderance of evidence standard has been met, therefore the allegation regarding Daycare children are allowed to co-mingling is found to be Substantiated.
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SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Eileen Corral
LICENSING EVALUATOR SIGNATURE:	DATE: 05/25/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/25/2021

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20210324091009

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: LA HABRA HERITAGE SCHOOL	FACILITY NUMBER: 304370174
	VISIT DATE: 05/25/2021

NARRATIVE

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This constitutes a violation of operation of Title 22, California Code of Regulations, 101161(a) Limitations on Capacity, which states, a licensee shall not operate a childcare center beyond the conditions and limitations specified on the license, including the capacity limitation. This allegation is being cited on the attached LIC9099D.

A Type A violation is being cited today therefore the facility must post and provide copies of the report to Parents/Guardians of the children in care by the next business day. Facility shall also provide a copy of the Report to the Parents/Guardians of children newly enrolled in the facility for the next 12 months. The facility is to keep Acknowledgement Receipt (LIC 9224) signed by parents in each child’s file. In addition, the facility shall immediately post upon receipt the Proof of Correction for 30 consecutive days. LPA Corral reviewed Staff Infant Ratio Title 22 Regulation with Director and advised Director to review these Regulations with Staff.

Exit interview was conducted and report was read to Director Deepika Wijegunaratne via Tele-Inspection. A copy of the Investigation Report along with Appeal Rights will be email to Director with a Read Receipt requested to acknowledge report was received. Director was asked to respond to email by copying and pasting “I have read and received the Report and Appeal Rights, I acknowledge receipt." Appeal Rights were explained. Licensee was informed first level of appeal is directed to Regional Manager to the address listed above. Notice of Site Visit was not posted due to Tele-Investigation COVID-19 State of Emergency.

End of Report.

SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Eileen Corral
LICENSING EVALUATOR SIGNATURE:	DATE: 05/25/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/25/2021

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20210324091009

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: LA HABRA HERITAGE SCHOOL	FACILITY NUMBER: 304370174
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 05/25/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 05/25/2021 Section Cited CCR 101216.3(a)	1 2 3 4 5 6 7	101216.3(a) Teacher-Child Ratio: (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Director stated she already hired an additonal staff and changed the staff's schedules to ensure Teacher-Child Ratio is maintained. Director provided staff with training on ratio and emailed LPA sign-in sheet.
	8 9 10 11 12 13 14	Based on interviews conducted with 3 Staff, and record review, facility was out of ratio nine out of ten days that were reviewed. This poses an immediate safety risk for the children in care.	8 9 10 11 12 13 14
Type B 05/25/2021 Section Cited CCR 101161(a)	1 2 3 4 5 6 7	101161(a) Limitations on Capacity and Ambulatory Status. A licensee shall not operate a childcare center beyond the conditions and limitations specified on the license, including the capacity limitation. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	The director already provided staff training to ensure staff is aware to not comingle the preschool and school age children. Director emailed LPA the written statement and staff training sign in sheet.
	8 9 10 11 12 13 14	Based on three out of the five Staff member interviews, preschool and school age children comingle at the end of the day in the school age room or in the preschool playground. This poses a potential risk to the safety of the 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: Rina Lopez
LICENSING EVALUATOR NAME: Eileen Corral
LICENSING EVALUATOR SIGNATURE:	DATE: 05/25/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/25/2021

LIC9099 (FAS) - (06/04)

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