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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376300339
Report Date: 12/06/2023
Date Signed: 12/06/2023 10:22:38 AM

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 STREET, STE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/25/2023 and conducted by Evaluator Cindy Hamilton
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20231025090613
FACILITY NAME:CREATIVE LEARNING CENTERFACILITY NUMBER:
376300339
ADMINISTRATOR:HERNANDEZ,MARIAFACILITY TYPE:
850
ADDRESS:650 DOUGLAS DR #101TELEPHONE:
(760) 805-6478
CITY:OCEANSIDESTATE: CAZIP CODE:
92058
CAPACITY:35CENSUS: 11DATE:
12/06/2023
UNANNOUNCEDTIME BEGAN:
09:45 AM
MET WITH:Maria HernandezTIME COMPLETED:
10:25 AM
ALLEGATION(S):
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Staff do not ensure outside play area is adequately secured at all times.
INVESTIGATION FINDINGS:
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On December 6, 2023, at 9:50 a.m., Licensing Program Analyst (LPA) Cindy Hamilton met with Creative Learning Center (CCC) Director/owner Maria Hernandez to deliver the findings for the above stated allegation.  LPA Hamilton conducted a health and safety inspection of the CCC on November 1, 2023.  During the investigation, LPA Hamilton and LPA Amber Shaw conducted interviews with four staff and reporting party.  LPA also obtained and reviewed pertinent documents from facility files.

On October 25, 2023, Community Care Licensing (CCL) received information stating staff do not ensure outside play area is adequately secured at all times, it was alleged that on October 25, 2023, the gate that encloses the playground and perimeter gets left open by staff and does not locked. LPAs Hamilton and Shaw conducted a visit to CCC on 11/01/23 and observed the playground to be enclosed by a wooden fence and then a chain link gate that enclosed the area outside of the playground. Confidential interviews disclosed that staff was unaware of any of the gate doors being left open or unlocked.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Carlos Martinez
LICENSING EVALUATOR NAME: Cindy Hamilton
LICENSING EVALUATOR SIGNATURE:

DATE: 12/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/06/2023
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 10-CC-20231025090613
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 STREET, STE 700
RIVERSIDE, CA 92501
FACILITY NAME: CREATIVE LEARNING CENTER
FACILITY NUMBER: 376300339
VISIT DATE: 12/06/2023
NARRATIVE
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Records review disclosed on 10/25/2023, the perimeter gate was left open and a picture was sent to the CCC via the “Hi Mama” application. It was also revealed to LPA that the facility was unaware of this picture and message on the application until LPAs visited the CCC on 11/01/2023.

Based on records review, the preponderance of evidence has been met and the allegation staff do not ensure the outside play area is adequately secured at all times is substantiated. The facility is cited for Title 22, Section 101416.5(b) which poses a potential health, safety and/or personal rights risk to children in care.

An exit interview was conducted, this report, appeal rights and Notice of Site Visit was explained and provided to Director. Director was reminded that the Notice of Site Visit must be posted for 30 consecutive days and failure to post the notice will result in civil penalties of $100.00.
SUPERVISORS NAME: Carlos Martinez
LICENSING EVALUATOR NAME: Cindy Hamilton
LICENSING EVALUATOR SIGNATURE:

DATE: 12/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/06/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 10-CC-20231025090613
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 STREET, STE 700
RIVERSIDE, CA 92501

FACILITY NAME: CREATIVE LEARNING CENTER
FACILITY NUMBER: 376300339
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/06/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
01/04/2024
Section Cited
CCR
101238(a)
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101238 Buildings and Grounds (a) The child care center shall be clean, safe, sanitary and in good repair at all times to ensure the safety and well-being of children, employees and visitors.. This requirement was not met as evidenced by:
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Director/owner states CCC will try to temporarily place a spring mechanism on gate so that it closes automatically until property management replaces the non-operational welded on spring that is on the gate. Director/owner will send LPA a video and picture of fixed gate on or before the POC due date.
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Based on records review, on 10/27/23 the chainlink fence surrounding the perimeter of the CCC was left open which poses a potential health, safety risk and/or personal rights risk to 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: Carlos Martinez
LICENSING EVALUATOR NAME: Cindy Hamilton
LICENSING EVALUATOR SIGNATURE:

DATE: 12/06/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/06/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3