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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 364845718
Report Date: 03/03/2023
Date Signed: 03/03/2023 04:32:58 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
01/11/2023 and conducted by Evaluator Aman Sharma
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20230111090222
FACILITY NAME:LEARNING EXPERIENCE, THEFACILITY NUMBER:
364845718
ADMINISTRATOR:SHANNON GARCIAFACILITY TYPE:
850
ADDRESS:1025 PARKFORD DRTELEPHONE:
(909) 343-5460
CITY:REDLANDSSTATE: CAZIP CODE:
92374
CAPACITY:140CENSUS: 77DATE:
03/03/2023
UNANNOUNCEDTIME BEGAN:
03:00 PM
MET WITH:Shannon GarciaTIME COMPLETED:
04:45 PM
ALLEGATION(S):
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Staff pinched day care child
INVESTIGATION FINDINGS:
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On the date and time listed above, Licensing Program Analyst (LPA) Aman Sharma arrived at the facility to conclude an investigation in regard to the above allegation, which was received by the department on 01/11/2023. Previous complaint inspections were conducted on 01/18/2023 and 03/01/2023 surrounding the above allegation.

LPA Sharma was granted access into the facility by the Director, Shannon Garcia. LPA discussed the purpose of today’s inspection, took census, and toured the facility. LPA met with the director, to further discuss the allegation and to deliver the complaint findings.

During previous complaint inspections, interviews were conducted with facility staff, as well as, daycare children and documentation was obtained. It was alleged, a staff pinched a day care child.

The following information was collected during the investigation: SEE 9099C........
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Kimberly Williams
LICENSING EVALUATOR NAME: Aman Sharma
LICENSING EVALUATOR SIGNATURE:

DATE: 03/02/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/02/2023
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 5
Control Number 09-CC-20230111090222
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: LEARNING EXPERIENCE, THE
FACILITY NUMBER: 364845718
VISIT DATE: 03/03/2023
NARRATIVE
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On or about 01/10/2023, there was an incident in the Preschool 2 classroom alleging a child was pinched by a staff. It was reported that a staff asked one of the daycare children to pick up something and the staff member got frustrated when the child refused, which resulted in the staff allegedly pinching the child on the right shoulder. It was also reported that this staff has a “history of being aggressive towards the children”.

During child(ren) interview(s), there were multiple disclosures, including statements that the subject staff “pinches” them. When mentioning the subject staff during one of the children’s interviews, the child said the subject staff is “a mean teacher” and is “the one who pinched me”. Another interview disclosed that the subject staff’s pinch “hurted a lot” and that “she did it a million times”.

The subject staff admitted to "accidentally" pinching children when they “grab a child’s wrist and pulls them towards” themselves. The subject staff stated that they grabbed a child’s left wrist on or about 01/10/2023, and “could have accidentally pinched” them. According to the subject staff, they do not remember grabbing the child from their shoulder. Whether or not the pinch was intentional or not, based on evidence obtained from multiple children disclosing “pinching” incidents during different times, by the same subject staff, there is a preponderance of evidence to support a personal rights violation.

During staff interviews, it was disclosed that the subject staff has been “aggressive” towards daycare children on other occasions, as well. It was also disclosed that the subject staff could get a little “heavy handed” when they are pushing children’s chairs in. It was also shared that prior to the 03/01/2023 complaint inspection, the subject staff had already been provided coaching and/or training regarding them not physically redirecting the children.

Subject staff had signed "The Learning Experience Policy for Child Guidance, Discipline, and Classroom Management". The policy included: "Under no circumstances is any kind of abuse, corporal punishment, deprivation or ridicule used as a form of discipline. Children are not subject to discipline which is severe, humiliating, or frightening; nor discipline associated with food, rest or toileting. Employees are trained in
SUPERVISORS NAME: Kimberly Williams
LICENSING EVALUATOR NAME: Aman Sharma
LICENSING EVALUATOR SIGNATURE:

DATE: 03/03/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/03/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 09-CC-20230111090222
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: LEARNING EXPERIENCE, THE
FACILITY NUMBER: 364845718
VISIT DATE: 03/03/2023
NARRATIVE
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distinctive techniques: redirection, which is an appropriate response to children who need to refocus their attention and distraction, which is used to prevent potential conflict. Redirection should occur immediately following any inappropriate behavior."

Furthermore, on 03/01/2023, while LPA Sharma was at the facility conducting interviews pertaining to this investigation, it was disclosed that the subject staff pinched another child on the same day of the complaint inspection. During staff interviews, it was disclosed that a child was crying, when a teacher asked the child what was wrong, the child said they had been pinched by the subject staff.

Upon further investigation, the subject staff shared that during cleanup, they were stopping one child from hitting another and “blocked” the child’s hand, “held” their wrist and “may have accidentally pinched” the child due to them “having nails now”. During a follow up interview, subject staff also indicated that they thought to themselves “man, she’s going to tell” the other teacher in the classroom “that I pinched” them and “this is going to happen again”.

Based on interviews and upon subject staff’s own admission of “accidentally” pinching multiple daycare child(ren), this allegation is SUBSTANTIATED.

Based on LPAs observations, interviews and additional information received, 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), are being cited on the attached LIC9099D.

LPA Sharma informed the licensee that this report documents one Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety or personal rights of children in care.

Also, LPA Sharma informed the licensee to provide a copy of this licensing report dated 03/03/2023 that documents any Type A citation to parents/guardians of all children currently enrolled by the next business
SUPERVISORS NAME: Kimberly Williams
LICENSING EVALUATOR NAME: Aman Sharma
LICENSING EVALUATOR SIGNATURE:

DATE: 03/03/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/03/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 09-CC-20230111090222
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: LEARNING EXPERIENCE, THE
FACILITY NUMBER: 364845718
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/03/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/06/2023
Section Cited
CCR
101223(a)(3)
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The licensee shall ensure that each child is accorded the following personal rights:
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,
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Subject staff’s employment was terminated by the facility on 03/02/2023. Director agrees to ensure children’s personal rights are not violated by providing oversight and agrees to conduct in-service training surrounding children’s personal rights. Director agrees to submit the training agenda and staff attendance sheet to LPA by 03/06/23 (next business day).
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sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.
This requirement was not met as evidenced by:
On or about 01/10/23 and 03/01/23, subject staff admitted to “accidentally” pinching children in care during redirection. Multiple children disclosed being pinched by the ....
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subject staff on different occasions which poses an immediate risk to the health, safety, and well-being of children in care.
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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: Kimberly Williams
LICENSING EVALUATOR NAME: Aman Sharma
LICENSING EVALUATOR SIGNATURE:

DATE: 03/03/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/03/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 09-CC-20230111090222
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: LEARNING EXPERIENCE, THE
FACILITY NUMBER: 364845718
VISIT DATE: 03/03/2023
NARRATIVE
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day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of licensing Report (LIC9224), or other written statement, must be placed in the children's file for verification.

Appeal rights were issued and discussed with both, the director, Shannon Garcia and assistant director, Heather Burr and their signature on this form acknowledges receipt of these rights.

An exit interview was also conducted and a copy of this report must be made available to the public upon request for three years.

A Notice of Site was printed and must remain posted for 30 consecutive days.

SUPERVISORS NAME: Kimberly Williams
LICENSING EVALUATOR NAME: Aman Sharma
LICENSING EVALUATOR SIGNATURE:

DATE: 03/03/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/03/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5