Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 566202639
Report Date: 08/01/2018
Date Signed 08/01/2018 01:16:37 PM


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/04/2018 and conducted by Evaluator Michael Avila
PUBLIC
COMPLAINT CONTROL NUMBER: 17-CC-20180504162850
FACILITY NAME:WEISS FCC AKA ROBIN'S NESTFACILITY NUMBER:
566202639
ADMINISTRATOR:WEISS, ROBIN IRENEFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(805) 388-0150
CITY:CAMARILLOSTATE: CAZIP CODE:
93010
CAPACITY:14CENSUS: 5DATE:
08/01/2018
UNANNOUNCEDTIME BEGAN:
09:05 AM
MET WITH:Robin WeissTIME COMPLETED:
01:30 PM
ALLEGATION(S):
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Licensee handled child inappropriately.
INVESTIGATION FINDINGS:
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Allegation deemed SUBSTANTIATED. Investigation includes collaboration with the Ventura County Sheriff Department (VCSD), statements obtained from Licensee, staff who assist in the daycare, children in care at the facility, parents, along with a review of a medical report and facility records.

Licensing Program Analyst (LPA) Michael Avila made an unannounced visit for the purpose of concluding an investigation into the above allegation. LPA Avila met with Licensee, Robin Weiss, and discussed the nature and purpose of the visit. On 5/2/18, a child (C1) was observed with bruises on the ears. The child underwent a medical evaluation which resulted in an investigation initiated by both Community Care Licensing (CCL) and the Ventura County Sheriff Department. Three of the five children interviewed by LPA Avila support the children observed and named different caretakers at the facility pinching the ears of children who did not want to go to "time out". VCSD Detectives who conducted their own separate interviews, support children observed staff pinching the ears of children who did not want to go to time out.

(continued on LIC 9099C)
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Patricia S. GutierrezTELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Michael AvilaTELEPHONE: (805) 722-5133
LICENSING EVALUATOR SIGNATURE:

DATE: 08/01/2018
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/01/2018
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 17-CC-20180504162850
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
FACILITY NAME: WEISS FCC AKA ROBIN'S NEST
FACILITY NUMBER: 566202639
VISIT DATE: 08/01/2018
NARRATIVE
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All but one of the five parents of children in care at the facility interviewed by LPA Avila stated they support the care of their child with Licensee.

LPA Avila interviewed Licensee and staff assistants (S1 and S2) who all denied nor observe anyone pinching the ears of children at the facility. The VCSD conducted their own interviews of staff they believed may have pinched the ears of children in care who also denied the allegation. Licensee emphatically denies the allegation and asserts the pinching of C1 ears may have happened outside of her care facility. Licensee, however, could not determine who pinched the ears of children in care despite children statements that different staff have pinched the ears of different children in care while at the facility. Statements obtained by staff, parents and Licensee herself support care of the children have been provided by Licensee's assistants while Licensee was away due to medical issues.

Based on the separate interviews of the children in care by CCL and the VCSD, along with a medical report obtained by the VCSD which supports the bruises on the ears of C1 was caused by the pinching of the ears, a preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, [Title 22 Division 12, Sections Personal Rights 102423(a)(4)], is being cited on the attached LIC 9099 D.

Upon receipt, Licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. Appeal Rights explained and provided to Licensee. LPA observed licensee post the Notice of Site visit.
SUPERVISOR'S NAME: Patricia S. GutierrezTELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Michael AvilaTELEPHONE: (805) 722-5133
LICENSING EVALUATOR SIGNATURE:

DATE: 08/01/2018
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/01/2018
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 17-CC-20180504162850
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117

FACILITY NAME: WEISS FCC AKA ROBIN'S NEST
FACILITY NUMBER: 566202639
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/01/2018
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
08/01/2018
Section Cited
CCR
102423(a)(4)
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102423(a)(4) Personal Rights. Each child shall be free from corporal or unusual punishment.
This requirement is not met as evidenced by: Bruises were observed on a 3 year old child on 5/2/18 who stated his ears were pinched while at the daycare. Photos of the child's bruises along with medical report obtained by the
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Licensee was advised she will be required to attend a mandatory Non-Compliance Conference at the Santa Barbara Regional Office to discuss this matter. A time and date will be determined at a later time and communicated with Licensee.
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VCSD support C1 bruised ears rose to the level of child abuse. Child interviews of (C2 and C3) conducted separately by CCL and by Detectives with the VCSD support children observed other children in care have their ears pinched by staff while at the facility for refusing to go to "time out."
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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.
SUPERVISOR'S NAME: Patricia S. GutierrezTELEPHONE: (805) 562-0410
LICENSING EVALUATOR NAME: Michael AvilaTELEPHONE: (805) 722-5133
LICENSING EVALUATOR SIGNATURE:

DATE: 08/01/2018
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/01/2018
LIC9099 (FAS) - (06/04)
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