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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376701522
Report Date: 05/02/2024
Date Signed: 05/02/2024 12:55:12 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MISSION VALLEY, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/12/2024 and conducted by Evaluator Vicky Williamson
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20240212100529
FACILITY NAME:COZY CUBS 3 - INFANTSFACILITY NUMBER:
376701522
ADMINISTRATOR:TUOHY DUNNFACILITY TYPE:
830
ADDRESS:8475 LA MESA BLVDTELEPHONE:
(619) 460-0393
CITY:LA MESASTATE: CAZIP CODE:
91942
CAPACITY:16CENSUS: 12DATE:
05/02/2024
UNANNOUNCEDTIME BEGAN:
10:51 AM
MET WITH:Maria Morales and Annette Kurtenbach TIME COMPLETED:
01:00 PM
ALLEGATION(S):
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Staff not documenting infant sleep log
INVESTIGATION FINDINGS:
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On 5/2/2024, at 10:51am, Licensing Program Analyst (LPA) Vicky Williamson conducted an unannounced complaint inspection for the purpose of delivering findings regarding the above allegation. LPA met with Facility Representative, Annette Kurtenbach and Assistant Director, Maria Morales. During the inspection there were 12 children present with two (2) teachers and two (2) teacher assistants.

During the course of the investigation, interviews were conducted with the facility representative, 12 staff members, and seven (7) daycare parents. Children records and documentation from the Brightwheel App were also reviewed. It was alleged that the staff are not documenting infant sleep log. Facility Representative Director, Annette Kurtenbach and 12 staff members denied the allegation and stated that the facility conducts and documents 15-minute sleep checks for the infants.

See LIC 9099C Continuation...
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Tulam Vu
LICENSING EVALUATOR NAME: Vicky Williamson
LICENSING EVALUATOR SIGNATURE:

DATE: 05/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/02/2024
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 20-CC-20240212100529
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MISSION VALLEY, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
FACILITY NAME: COZY CUBS 3 - INFANTS
FACILITY NUMBER: 376701522
VISIT DATE: 05/02/2024
NARRATIVE
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A review of 15-minute sleep checks documentation from the Brightwheel App for six daycare children was verified. During the period of January 2024 and February 2024, it was confirmed that 15-minute sleep checks were documented for Child 1 (C1); however, were not documented in 15 minutes intervals.

During the month of January 2024 and February 2024, sleep checks documentation was documented in the Brightwheel App from 18 to 32 minutes intervals.

Based on documentation from the Brightwheel App, the preponderance of evidence standard has been met and the allegation that staff are not documenting infant sleep log is therefore SUBSTANTIATED.
A Type B deficiency under California Code of Regulations, Title 22, Division 12, Chapter 1, is being cited on the attached LIC 9099-D.

Exit interview was conducted, and the report was reviewed with Facility Representative, Annette Kurtenbach and Assistant Director, Maria Morales. A copy of this report, along with Appeal Rights, was provided. Notice of Site Visit was given and must remain posted for 30 days. LPA observed notice of site visit posted on the bulletin board in the lobby. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

SUPERVISORS NAME: Tulam Vu
LICENSING EVALUATOR NAME: Vicky Williamson
LICENSING EVALUATOR SIGNATURE:

DATE: 05/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/02/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 20-CC-20240212100529
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MISSION VALLEY, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: COZY CUBS 3 - INFANTS
FACILITY NUMBER: 376701522
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/02/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
05/13/2024
Section Cited
CCR
101429(a)(2)(C)(3)
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a)In addition to Section 101229… (2) Sleeping infant(s) shall be directly observed...(C) Documentation shall be maintained in the infant’s file... Documentation shall include the following: 3. Time of each 15-minute check. This requirement was not met as evidenced by:
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Facility Representative stated that she will ensure that staff conduct and document 15-minute sleep checks in 15-minute intervals for all infants under 24 months. Facility Representative stated that she will submit a written plan detailing how she will ensure that staff are documenting 15-minute sleep checks
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Based on interview and record review, the licensee did not comply with the section cited above in 1 out of 6 persons as 15-minute sleep checks were not documented in 15-minute intervals during the month of January & February 2024 which poses a potential health, safety or personal rights risk to persons in care.
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accurately and submit to the SDRO, no later than 5/13/24.
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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: Tulam Vu
LICENSING EVALUATOR NAME: Vicky Williamson
LICENSING EVALUATOR SIGNATURE:

DATE: 05/02/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/02/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MISSION VALLEY, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/12/2024 and conducted by Evaluator Vicky Williamson
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20240212100529

FACILITY NAME:COZY CUBS 3 - INFANTSFACILITY NUMBER:
376701522
ADMINISTRATOR:TUOHY DUNNFACILITY TYPE:
830
ADDRESS:8475 LA MESA BLVDTELEPHONE:
(619) 460-0393
CITY:LA MESASTATE: CAZIP CODE:
91942
CAPACITY:16CENSUS: 12DATE:
05/02/2024
UNANNOUNCEDTIME BEGAN:
10:51 AM
MET WITH:Maria Morales and Annette KurtenbachTIME COMPLETED:
01:00 PM
ALLEGATION(S):
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Facility operating out of ratio
Staff are not following proper napping methods for day care children
Staff are not following proper feeding methods for day care children
Staff left day care child in a soiled diaper for an extended time period
Facility not following individual infant needs and service plan
INVESTIGATION FINDINGS:
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On 5/2/2024, at 10:51am, Licensing Program Analyst (LPA) Vicky Williamson conducted an unannounced complaint inspection for the purpose of delivering findings regarding the above allegations. LPA met with Facility Representative Annette Kurtenbach and Assistant Director, Maria Morales. During the inspection there were 12 children present with two (2) teachers and two (2) teacher assistants.

During the course of the investigation, interviews were conducted with the facility representative, 12 staff members and seven (7) daycare parents. Facility sign in/sign out sheets, staff records, staff timecards and Brightwheel App documentation were also reviewed. It was alleged that the facility is operating out ratio. Facility Representativer, Annette Kurtenbach and 12 staff members denied the allegation and stated that the facility always has additional staff to assist with coverage in the classrooms. It was alleged that staff are not following proper napping methods for day care children. Facility Representative and staff denied the allegation. Staff stated that children are placed in a crib or on a napping mat during nap time.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Tulam Vu
LICENSING EVALUATOR NAME: Vicky Williamson
LICENSING EVALUATOR SIGNATURE:

DATE: 05/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/02/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 20-CC-20240212100529
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MISSION VALLEY, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
FACILITY NAME: COZY CUBS 3 - INFANTS
FACILITY NUMBER: 376701522
VISIT DATE: 05/02/2024
NARRATIVE
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It was alleged that staff are not following proper feeding methods for day care children. The Facility Representative and 12 staff denied the allegation. Staff stated that children are provided bottle feedings while being held in the arms of staff or by holding their own bottle while sitting with staff or at the table.

It was alleged that staff left day care child in a soiled diaper for an extended time period. The Facility Representative and 12 staff denied the allegation. A staff member acknowledged that on 2/12/24, C1 slept from 12:30pm to 4:07pm and his diaper was checked; and he was dry; however, there was no documentation on the Brightwheel App of the status of the diaper between 12:30pm and 4:07pm.

In addition, it was alleged that facility is not following individual infant needs and service plan. The Facility Representative and 12 staff denied the allegation. Staff stated that the infant needs and service plans for each child is always followed by staff.


During interviews with staff and daycare parents, no conclusive evidence regarding these allegations was obtained. There is conflicting evidence obtained during the investigation. Though the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated.

No deficiencies cited. A copy of this report along with Appeals Rights, were provided. 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. Exit interview was conducted with Facility Representative, Annette Kurtenbach and Assistant Director, Maria Morales.
SUPERVISORS NAME: Tulam Vu
LICENSING EVALUATOR NAME: Vicky Williamson
LICENSING EVALUATOR SIGNATURE:

DATE: 05/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/02/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 5