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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 334812640
Report Date: 11/14/2022
Date Signed: 11/14/2022 12:59:29 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, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/09/2022 and conducted by Evaluator Justin Giese
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20221109091503
FACILITY NAME:MAGNOLIA PRESCHOOL AND KINDERGARTENFACILITY NUMBER:
334812640
ADMINISTRATOR:RUTHIE GUTIERREZFACILITY TYPE:
850
ADDRESS:13130 MAGNOLIA AVENUETELEPHONE:
(951) 272-0977
CITY:CORONASTATE: CAZIP CODE:
92879
CAPACITY:104CENSUS: 34DATE:
11/14/2022
UNANNOUNCEDTIME BEGAN:
10:29 AM
MET WITH:RUTHIE GUTIERREZTIME COMPLETED:
01:10 PM
ALLEGATION(S):
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Facility staff do not ensure bathrooms for day care children are kept in operating condition
INVESTIGATION FINDINGS:
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On 11/14/2022 at time listed above Licensing Program Analyst (LPA) Justin Giese conducted an unannounced visit to the facility for the purpose of initiating a complaint investigation, relating to the above allegation, which was received by Licensining on 11/09/2022. LPA was granted access to the facilty and met with Facility Director, Ruthie Gutierrez.

The following was alleged: Facility staff do not ensure bathrooms for day care children are kept in operating condition.

LPA interviewed Facility Director as part of this investigation. It was initially reported the bathroom in question at the facility has been non-operation for a period of 6 months. Director informed LPA that the facility has two toilets located in classroom 2 that are currently not in use due to them not flushing/functioning properly. It was stated the toilets will flush slow, overfill, or leak at the floor flange.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Justin Giese
LICENSING EVALUATOR SIGNATURE:

DATE: 11/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/14/2022
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 09-CC-20221109091503
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: MAGNOLIA PRESCHOOL AND KINDERGARTEN
FACILITY NUMBER: 334812640
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/14/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
11/21/2022
Section Cited
CCR
101239(e)(4)
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(e)(4) All toilets, handwashing and bathing facilities shall be maintained in safe and sanitary operating condition....



This was not met as evidenced by:
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Director unserstands the importance of this regulation and the need to keep all fixtures and furniture in operating condition at all times. Director will submit to Licensing a workorder for repairs completed on or before the stated POC date of 11/21/2022.

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Based on LPA observation and interview, Director stated the facillity has two toilets within classroom 2 that are currently off limits to children due to them not functioning properly. Toilets have been non-operational since 11/02/2022. This poses a potential risk to the health and safety of children in care.
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LPA will follow up with this correction and visually verify the functionality of the toilets in question either in person or virtually.
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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: Gilbert Sena
LICENSING EVALUATOR NAME: Justin Giese
LICENSING EVALUATOR SIGNATURE:

DATE: 11/14/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/14/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 09-CC-20221109091503
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: MAGNOLIA PRESCHOOL AND KINDERGARTEN
FACILITY NUMBER: 334812640
VISIT DATE: 11/14/2022
NARRATIVE
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LPA toured the entire facility with Director and took census of children in care. Director informed LPA the classroom in question is noted as Building 2 on the facility's sketch. Building two has a total of 4 toilets, each toilet is designated to one of four smaller classrooms. Director guided LPA to the area of the classroom where the non-operational toilets were located. At 10:55am LPA observed one of the bathrooms obstructed by a book case, Director informed that restroom was prone to water leakage at the floor and was made off limits until repairs could be made. The other toilet was not obstructed by furniture but was stated to flush very slow/weak and was prone to overfilling when used. LPA observed 17 children in care within classroom 2 and verified the two available toilets for the children to use were operational.

LPA was provided with a Daily Accountability Report dated 11/02/2022, at time of visit that notes the bathrooms were not functioning properly. Facility is currently awaiting for maintenance staff to repair the the toilets in question.

Based on LPAs observations, interviews conducted, and records reviewed/obtained, the preponderance of evidence standard has been met, therefore the above allegation, Facility staff do not ensure bathrooms for day care children are kept in operating condition are found to be SUBSTANTIATED. Please see attached LIC9099D for Type B deficiency cited.

An exit interview was conducted, A copy of this report and appeal rights were given to the Director during this inspection on 11/14/2022.

LPA issued a Notice of Site Visit and verified it was posted in a prominent location at the facility. Director understands that the Notice of Site Visit must remain posted for the next 30 days
SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Justin Giese
LICENSING EVALUATOR SIGNATURE:

DATE: 11/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/14/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 3