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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376300304
Report Date: 08/06/2024
Date Signed: 08/06/2024 02:35:56 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/23/2024 and conducted by Evaluator Keely Messerschmidt
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20240723104848
FACILITY NAME:FRIENDLY CHILDREN'S GARDEN #2FACILITY NUMBER:
376300304
ADMINISTRATOR:MARTINEZ,LAURAFACILITY TYPE:
850
ADDRESS:2960 OCEANSIDE BLVDTELEPHONE:
(760) 458-1510
CITY:OCEANSIDESTATE: CAZIP CODE:
92054
CAPACITY:46CENSUS: 27DATE:
08/06/2024
UNANNOUNCEDTIME BEGAN:
02:20 PM
MET WITH:Laura MartinezTIME COMPLETED:
02:45 PM
ALLEGATION(S):
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Staff handled day care child in an inappropriate manner.
INVESTIGATION FINDINGS:
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On the above date and time listed, Licensing Program Analyst (LPA) Keely Messerschmidt arrived at the facility for the purpose of delivering the complaint findings on the above-referenced allegation. LPA met with Assistant Director Jessica Beverly Escobar. LPA toured the facility, conducted census, and verified facility staff and children enrollment.

On July 23rd , 2024, Community Care Licensing (CCL) received a complaint alleging that staff handled day care child in an inappropriate manner.

See LIC9099-C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Deborah Mullen
LICENSING EVALUATOR NAME: Keely Messerschmidt
LICENSING EVALUATOR SIGNATURE:

DATE: 08/06/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/06/2024
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 10-CC-20240723104848
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501
FACILITY NAME: FRIENDLY CHILDREN'S GARDEN #2
FACILITY NUMBER: 376300304
VISIT DATE: 08/06/2024
NARRATIVE
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Based on interviews conducted with staff it was disclosed that Child 1 (C1) entered Classroom #1 and grabbed a toy. Staff 1 (S1) went over to C1, grabbed them by the hand/wrist area and took the toy away. When parent and therapist walked in, they asked S1 to let go. As S1 let go, C1 who was pulling away from S1, fell to the ground. As C1 got back up S1 moved to block the toys so C1 could not get them. Therapist got C1's attention and took C1 to appropriate classroom. Based on video surveillance, LPA observed C1 enter the classroom and grab a toy, LPA then observed S1 go to C1 grabbing right arm turning C1 to take the toy back and then grab C1 by hand/wrist area and walk towards the front door. This is when the parent and therapist walked in, LPA then noticed C1 pulling from S1 and S1 letting go, leading C1 falling to the ground. LPA also observed C1 walk back over to the toy area and S1 moving to block the toys from C1. C1 then exited the room with the therapist and parent left classroom.

Based on interviews conducted and video evidence the preponderance of evidence standard has been met. Therefore, the above allegation is found to be SUBSTANTIATED.

An exit interview was conducted, and this report was reviewed with the Assistant Director Jessica Beverly Escobar, and a copy was provided. Appeal rights were discussed and provided during the exit interview.



A Notice of Site visit was given, and Director understands that it must remain posted for 30 days
SUPERVISORS NAME: Deborah Mullen
LICENSING EVALUATOR NAME: Keely Messerschmidt
LICENSING EVALUATOR SIGNATURE:

DATE: 08/06/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/06/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 10-CC-20240723104848
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501

FACILITY NAME: FRIENDLY CHILDREN'S GARDEN #2
FACILITY NUMBER: 376300304
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/06/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/16/2024
Section Cited
CCR
101223(a)(1)
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Personal Rights: (a) The licensee shall ensure that each child is accorded the following personal rights: (1) To be accorded dignity in his/her personal relationships with staff and other persons.
This was not met as evidenced by,
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Assistant Director agrees to conduct a personal rights training with her staff and submit proof via email to LPA by August 16th, 2024.
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Based on staff interviews and video surveillance, it was disclosed and observed that S1 grabbed C1 in an inappropriate manner. This is a potential risk to the health and safety 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: Deborah Mullen
LICENSING EVALUATOR NAME: Keely Messerschmidt
LICENSING EVALUATOR SIGNATURE:

DATE: 08/06/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/06/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 3