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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376300304
Report Date: 10/23/2024
Date Signed: 10/23/2024 04:05:41 PM

Unsubstantiated


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
09/11/2024 and conducted by Evaluator Keely Messerschmidt
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20240911105952
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: 19DATE:
10/23/2024
UNANNOUNCEDTIME BEGAN:
03:00 PM
MET WITH:Laura MartinezTIME COMPLETED:
04:10 PM
ALLEGATION(S):
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Staff hit day care child
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 Director Laura Martinez, informing her of the reason for todays visit. LPA toured the facility, conducted census, and verified facility staff and children enrollment.

On September 11th, 2024, Community Care Licensing (CCL) received a complaint alleging that staff hit day care child.

Based on interviews conducted, staff have not been observed hitting any child. However, conflicting information was provided that staff hit a child on the arm a couple months ago.

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

DATE: 10/23/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/23/2024
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 5
Control Number 10-CC-20240911105952
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: 10/23/2024
NARRATIVE
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Based on the information obtained during this investigation, it has been determined that although the allegations may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violations did or did not occur. Therefore, the allegations are UNSUBSTANTIATED.

An exit interview was conducted, and this report was reviewed with the Director, Laura Martinez, 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: 10/23/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/23/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 5
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
09/11/2024 and conducted by Evaluator Keely Messerschmidt
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20240911105952

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:32CENSUS: 19DATE:
10/23/2024
UNANNOUNCEDTIME BEGAN:
03:00 PM
MET WITH:Laura MartinezTIME COMPLETED:
04:10 PM
ALLEGATION(S):
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9
Staff handled day care child in a rough manner
Staff yells at day care children
Staff doesn't treat day care children with dignity
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 allegations. LPA met with Director Laura Martinez, informing her of the reason for todays visit. LPA toured the facility, conducted census, and verified facility staff and children enrollment.

On September 11th, 2024, Community Care Licensing (CCL) received a complaint alleging that staff handled day care child in a rough manner, staff yells at day care children, and staff doesn't treat day care children with dignity.


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

DATE: 10/23/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/23/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 10-CC-20240911105952
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: 10/23/2024
NARRATIVE
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Based on interviews conducted, when it comes to allegation staff handled day care child in a rough manner, it was disclosed that Staff #1 (S1) has been witnessed to pulling children by their arm in a rough manner and tugging on their hair to move them into line. These allegations were stated to have happened on multiple occasions when children are not listening or when S1 becomes frustrated or upset.

When it comes to allegation that staff yells at day care children, based on interviews conducted, it was disclosed that S1 has been observed and overheard yelling or raising voice in classroom towards children and has been spoken to about tone and yelling in the classroom.



Lastly, based on interviews conducted, when it comes to allegation that staff doesn't treat day care children with dignity, it was disclosed that S1 will mock the children and toss items such as plates towards them on the table during meal time.

Based on interviews conducted 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 Director Laura Martinez, 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: 10/23/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/23/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 10-CC-20240911105952
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: 10/23/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
10/25/2024
Section Cited
CCR
101223(a)(3)
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Personal Rights: (a) The licensee shall ensure that each child is accorded the following personal rights: (3)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 stated they will conduct a personal rights training with their staff and provide proof of completion via email to LPA.
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This requirement was not met as evidenced by, Based on interviews conducted it was disclosed that S1 has been observed to pulling children by their arm in a rough manner and tugging on their hair to move them into line and has been observed and overheard yelling or raising voice in classroom towards children. This is a potential health and safety risk to the children in care.
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Type B
10/25/2024
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 requirement was not met as evidenced by,
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Director stated they will conduct a personal rights training with their staff and provide proof of completion via email to LPA.
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Based on interviews conducted, it was disclosed that S1 would mock the children and toss items such as plates towards them on the table during meal time. This is a potential 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: Deborah Mullen
LICENSING EVALUATOR NAME: Keely Messerschmidt
LICENSING EVALUATOR SIGNATURE:

DATE: 10/23/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/23/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 5