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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 364846289
Report Date: 05/17/2023
Date Signed: 05/17/2023 03:36:11 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
05/15/2023 and conducted by Evaluator Blanca Ruiz-Silva
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20230515130814
FACILITY NAME:LIL' BLUE HEARTWOOD PRESCHOOLFACILITY NUMBER:
364846289
ADMINISTRATOR:FANNY TOPETEFACILITY TYPE:
850
ADDRESS:2460 S EUCLID AVETELEPHONE:
(909) 988-5049
CITY:ONTARIOSTATE: CAZIP CODE:
91762
CAPACITY:83CENSUS: 28DATE:
05/17/2023
UNANNOUNCEDTIME BEGAN:
11:00 AM
MET WITH:Fanny Topete TIME COMPLETED:
03:45 PM
ALLEGATION(S):
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Staff used an inappropriate form of discipline with day care child while in care.
INVESTIGATION FINDINGS:
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On May 17, 2023 Licensing Program Analyst (LPA) Blanca Ruiz conducted an inspection to the above-named facility for a complaint investigation. LPA was given access to the facility by Director, Fanny Topete. The center was toured, and a census was taken. Upon arrival to the facility LPA Ruiz observed 28 children in the playground under the supervision of two teacher and two aides. During this inspection records were reviewed and interviews were conducted with a random group of children and pertinent parties. The following information was discussed with facility director: It was reported that staff used an inappropriate form of discipline with day care child while in care. It was disclosed during interviews that Child N.1 has a pattern of spitting, crying, screaming, hitting and running multiple laps and climbing beds during nap time. Few days ago Child N.1 started to spit at staff and children in care. LPA was able to confirm that Child N.1 was spitting
( saliva and phlegm) at staff in their faces, neck and arms due to health concerns, it was decided by staff to cover child's mouth with a mask to prevent child from spreading germs.
Please see LIC 9099C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 05/17/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/17/2023
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 3
Control Number 09-CC-20230515130814
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: LIL' BLUE HEARTWOOD PRESCHOOL
FACILITY NUMBER: 364846289
VISIT DATE: 05/17/2023
NARRATIVE
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However, Child N.1 refused to wear the mask and started crying, screaming really loud and running around the room during naptime. Children who observed this incident and who were next the Child N.1 expressed being concerned, afraid and greatly sadden by the situation. Staff N.1 admitted forcing the mask on the child and acknowledge child's behavior as disruptive.
Based on records review, interviews conducted and staff's own admission. It was confirmed that the facility was out of compliance. Therefore the preponderance of evidence standard has been met, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, divisions & chapter number are being cited on the attached LIC 9099D.)

LPA informed Director, Fanny Topete that Type A citation which shall be posted for 30 consecutive days as there are immediate risk(s) to the health, safety, or Personal Rights of children in care. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224) was provided to facility during this inspection.

LIC 9224/Type A citation(s) must be provided to parents/guardian of all children currently enrolled by the next business 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 (LIC 9224), or other written statement, must be placed in the child's file for the verification.

Exit interview conducted and report was reviewed with Director, Fanny Topete. Appeal rights were discussed, and a notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 05/17/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/17/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 09-CC-20230515130814
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: LIL' BLUE HEARTWOOD PRESCHOOL
FACILITY NUMBER: 364846289
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/17/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/18/2023
Section Cited
CCR
101223(a)(3)
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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, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.
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Director agrees to speak with Child N.1's parents/legal guardian to assess situation and make a decision by 05/18/23. Director will provided plan of correction in writing by deadline to CCL. Technical Support Program/CCL (TSP) has been reached and Director will follow up with TSP/ LPA to receive Training on Personal Rights and Children with Challenging Behavior.
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This requirement was not met as evidence by: Per interviews conducted at the facility with staff and children in care, LPA was able to confirm that Child N.1 was spitting (saliva and phlegm) to children and staff in their faces, neck and arms due to health concerns, It was decided by staff to cover child's mouth with a mask to prevent child from spreading germs. Child refused to wear the mask: screamed, cried and run around the classroom making other children scared, sadden and extremely concerned. "This poses an immediate Health and Safety risk to the 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: Aaron Ross
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 05/17/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/17/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3