Community Care Licensing Division (CCLD), a division of the California Department of Social Services (CDSS) issues reports after every visit, whether routine or in response to an issue.
Selected reports for Park Side Preschool:
10/22/2018 LIC 809 Facility Evaluation Report, a few days after the incident. Key excerpt:
Date Signed 10/22/2018 01:47:37 PM
TIME BEGAN: 01:00 PM
COMPLETED: 02:00 PM
LPAs Dayna Collier and Briana Plumboy met with Center Director Heather Mitchell for a case management inspection as a result of receiving an unusual incident report.As a result of this inspection, there are no deficiencies cited. A site visit notice was posted by Director.
11/1/2018 Noncompliance Conference Summary. Key excerpts:
An incident occurred on October 19, 2018 where a child died while in care.
Per Heather Mitchell, director of the facility a tire swing play structure put in the outside play area on or around 10/08/2018. On 10/19/2018 three children were playing on the swing under direct supervision of a staff person when the structure started to rock, the staff person reached out and grabbed the tire but was unable to maintain her grip as the structure fell over. Two of the children were uninjured but the third child received a head injury, was bleeding, and unresponsive. CPR was initiated, parents and 911 called. EMTs arrived and transported the child to the hospital where later she was pronounced dead.Director Heather Mitchell self-reported the incident the same day and followed up with a phone call to inform CCL that the facility would be closed the week of 10/22-10/26 to give the children and staff time for grief conseling and the child’s services.
Heather Mitchell and staff did make themselves available to meet with CCL Representatives LPAs Dayna Collier and Briana Plumboy to discuss the incident at the facility on 10/22/2018
This facility is being referred to our Legal Division for Administrative Review. Possible outcomes of Administrative Action discussed with the Director.
11/1/2018 LIC 809 Facility Evaluation Report, with the citations. Key excerpts:
The purpose of the meeting was to discuss an incident in which the facility did not notify CCL prior to or immediately after the installation of the play structure for inspection, and failed to meet Title 22, Division 12 Regulations.
Citations:
Fixtures, Furniture, Equipment and Supplies Playground equipment shall be securely anchored to the ground unless it is portable by design. Equipment shall be maintained in a safe condition, free of sharp, loose or pointed parts. This requirement was not met based on the self reported incident, photos, and observation. The play structure was not anchored to the ground, which allowed it to tip over while children were playing on it which poses an immediate health and safety risk to children in care.
Outdoor Activity Space All playground equipment shall be cushioned with material that will absorb a fall. The play structure was placed on compacted dirt with no cushioning to absorb falls. This requirement was not met as evidenced by: Based on the self reported incident and
observation, there was dirt located underneath the play structure which poses an immediate health and safety risk to children in care.
11/14/2018 Complaint Investigation. One Type B citation issued. Key excerpt:
[T]here are maintenance-related hazards present today. There are areas of the playground that are in need of repair which pose a potential health and safety risk to children in care.
01/14/2019 Unannounced Inspection. One Type B citation issued for inability to provide a roster. Full analysis and more context here. Key excerpt:
The facility roster was unavailable upon request, which poses a potential health and safety risk to children in care.
2/27/2019 Accusation, the legal document beginning the process to revoke Park Side’s license. Key excerpts:
Respondent failed to anchor a play structure to the ground, which allowed the play structure to tip over, causing the death of Child #1
…
Complainant requests that … Park Side Preschool’s license to operate a child care center be revoked.
3/18/2019 Notice of Defense, where Park Side begins its defense against the revocation action
On 06/04/19 at 12:04pm, LPA Briana Plumboy met with Trustee Kathy Vinson to deliver an enhanced civil penalty of $10,000 as issued as a result of a child’s death at the facility on October 19, 2018.
6/17/2019 Stipulation, Waiver, and Order, where Park Side accepts a license revocation
2015 Facility Evaluation Report. Two citations were issued for relatively minor issues.