Overview of Thomsen Learning Center
License Revocations and Legal Loopholes
Lifetime License Revocation for
Pamela Thomsen and Nicolle Daniels
Pamela Thomsen and Nicolle Daniels, operators of the Thomsen Learning Center (TLC) in Ramona, California, faced severe repercussions following a series of violations. The California Department of Social Services (CDSS) revoked their licenses to operate childcare facilities for the following reasons:
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Violation of Teacher-Child Ratios: Thomsen and Daniels were found to have allowed more children in their care than legally permitted, violating state-mandated teacher-child ratios.
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Violation of Children's Personal Rights: They permitted practices that infringed on the personal rights of children, including failing to provide proper supervision.
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Health-Related Service Violations: The duo neglected essential health services and protocols.
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Staff-Infant Ratio Violations: They exceeded the allowable number of infants per caregiver.
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Inadequate Personnel Records: There were multiple discrepancies and omissions in staff records.
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Unqualified Staff: Several employees lacked necessary qualifications and training, including mandated reporter training and immunizations.
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Delayed Medical Attention: They failed to promptly address and report a serious injury sustained by a child under their care.
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Operating Without a License: They operated a school-age childcare facility without a proper license.
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Lead Contamination: The facilities had not undergone required testing for lead contamination in drinking water.
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Inadequate Health Checks: They did not perform health checks on children entering the facility.
These violations led to the permanent "lifetime" exclusion of Thomsen and Daniels from involvement in any facility licensed by the CDSS or certified by a foster family agency. However, the department of education is not included, as they operate separately. Violations and court orders are not shared.
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Denial of School-Age Childcare License
In addition to the revocations, Pamela Thomsen's application for a license to operate a school-age childcare center was denied. The denial was due to the severity and number of violations observed in the preschool and infant facilities, which indicated a pattern of non-compliance with state regulations and a disregard for the health and safety of children.
(Thomsen Learning Center opened their school-age program unlicensed from Oct 12, 2022 - Dec 5, 2022, including violating a cease and desist order from the state. On Dec 6, 2022 they filed a private school affidavit to convert the care from oversight with CDSS to CDE and bypass the need to a license or oversight by community licensing and regulations.)
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Despite the revocation of their childcare licenses and serious violations, Thomsen and Daniels exploited a legal loophole that allowed them to continue operations in a different capacity. By filing an affidavit with the California Department of Education, they were able to rebrand their services and operate as a private school for school-age children. This loophole highlights a significant gap in regulatory oversight, as it enables individuals with revoked childcare licenses to circumvent restrictions and continue working with children under the guise of a private educational institution.
Legal Loophole: Transition to Private School Status
THIS COULD HAPPEN IN ALMOST
EVERY STATE IN THE COUNTRY!
HOW EASY IS IT TO OPEN A PRIVATE SCHOOL?
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The Private School Affidavit is a declaration filed by private schools with the CDE to comply with state law. The filing of the PSA is a legal requirement for private schools to operate, but it does not imply approval, recognition, or endorsement by the CDE.
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Affidavit Submission:
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The PSA is submitted online through the CDE’s website. It includes information about the school, such as enrollment numbers, staff qualifications, and compliance with state laws.
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Review Process:
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The CDE reviews the submitted affidavits to ensure they are complete and meet the basic legal requirements. However, the CDE does not conduct an extensive evaluation or accreditation process for private schools. The primary purpose of the affidavit is to collect data and ensure compliance with compulsory education laws.
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Compliance Checks:
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While the CDE does not actively evaluate the quality of education provided by private schools, they may conduct investigations if there are complaints or concerns raised about a school’s operations. Local authorities may also inspect private schools for health, safety, and building code compliance.
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Staff Background Checks: All staff members must undergo background checks to ensure they have no criminal history that would disqualify them from working with children. But this will NOT include records from the Department of Social Services, that include being banned from childcare due to health, safety and other issues.
DID YOU KNOW THIS ABOUT PRIVATE SCHOOLS?
Qualifications for Private School Owners
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No Specific Qualifications Required:
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There are no specific educational or professional qualifications mandated by the state for individuals to own or operate a private school.
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Background Checks:
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While not explicitly required for owners, it is highly recommended that anyone involved in the daily operations of the school undergo a background check to ensure the safety of students. (Again, a background check will not uncover all Social Service records revealing bans for childcare. Owners, operating as teachers or staff, are completely shielded. Parents will never know!)
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Qualifications for Private School Teachers
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Teacher Certification:
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Unlike public school teachers, private school teachers in California are not required by the state to hold a teaching credential.
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THE FULL CASE AGAINST
THOMSEN LEARNING CENTER
JUDGES ORDER FOR REVOCATION
According to testimony during the administrative hearing, on September 29, 2022, a child fell off a bike and injured her arm. Despite clear signs of injury and distress from the child, Pam Thomsen, owner of TLC, downplayed the severity of the situation.
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Ms. Farley, a teacher, observed that the child's arm appeared to be broken and took steps to comfort her and inform the parents using the Brightwheel app, despite being told by Pam to leave it alone and not contact anyone. Pam intervened multiple times, insisting that the injury was minor and referring to it as "drama."
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At one point, Pam grabbed the child's injured arm, lifted it upwards, and moved it around, causing visible pain to the child. This handling potentially exacerbated the injury. Despite this, Pam continued to insist the child was fine. The child’s grandmother, Jenny Andrews, who also worked at the daycare, was distressed by the lack of appropriate action and contacted the child’s parents, who eventually took her to the emergency room. X-rays later confirmed that the child’s left forearm was completely broken​.
THOMSEN LEARNING CENTER SUBSTANTIATED CDSS REPORTS
PRESCHOOL: 376105078
TYPE A Citations: 8
TYPE B Citations: 17
Click an arrow to see the report
INFANT: 376105079
TYPE A Citations: 5
TYPE B Citations: 14
Click an arrow to see the report
In California, a Type A citation for licensed childcare centers is a serious violation issued by the Department of Social Services' Community Care Licensing Division (CCLD). Type A citations are given for violations that pose an immediate risk to the health, safety, or personal rights of children in care. Examples of violations that might result in a Type A citation include:
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Lack of Supervision: Children are left unsupervised or inadequately supervised.
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Inadequate Staffing Ratios: Not maintaining the required staff-to-child ratios.
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Health and Safety Hazards: Presence of hazardous materials or unsafe conditions within the facility.
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Abuse or Neglect: Any form of physical, emotional, or sexual abuse, or neglect.
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Failure to Report Injuries: Not reporting serious injuries, illnesses, or unusual incidents as required.
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Unauthorized Absence: Allowing children to leave the facility without proper authorization.
These citations are taken very seriously and often result in immediate corrective action requirements. They can lead to fines, probation, suspension, or even revocation of the childcare center’s license if not addressed properly.
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In California, a Type B citation for licensed childcare centers is issued for violations that do not pose an immediate risk to the health, safety, or personal rights of children in care but still require correction. These violations are considered less severe than Type A citations. Examples of violations that might result in a Type B citation include:
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Record Keeping Issues: Incomplete or inaccurate maintenance of required records such as immunization records, staff qualifications, and attendance logs.
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Minor Facility Maintenance: Issues such as minor repairs needed to the physical facility that do not pose immediate safety hazards.
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Inadequate Policies and Procedures: Failure to have or follow certain administrative policies and procedures.
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Training Deficiencies: Staff lacking non-mandated but recommended training or delayed completion of required training.
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Minor Sanitation Issues: Problems with cleanliness or maintenance that do not immediately threaten health.
The Thomsen Learning Center did not notify parents until June 16th, giving them no notice to find alternative care.
(Pam Thomsen and Nicolle Daniels send a dishonest text to their clients)
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Hi everyone we were informed during our vacation that were supposed to be closed as of Mon we are in the process of figuring out what we need to do we spent our whole vacation going back and forth and they claim we can't be open while we appeal but other paper work says we can we've gone back and forth with licensing all week and they aren't helping in anyway. We're comfortable bringing in all the upstairs or kids going up for next year because our new school year for the private school affidavit can start but downstairs and babies were afraid we'll go to jail for so as we figure this out were asking everyone to stay home if you need to find other care we understand. We think it's terribly unfair they won't give you 30 days notice as we would want to give you that curtesy. I will enclose the licensing ladys' direct numbers in this post. Like I said, we're going to fight because all this is wrong, but it will take a little bit of time. Trust me when I say this is NOT what we wanted and in no way think it's fair. I'm sure some of the girls will want to babysit. The licensing lady is name Renesha Askew LICENSING PROGRAM MANAGER San Diego North RO - Child Care (619)767-**** Office (619) 538-**** Cell I recommend everyone calling her all day so she replies to my request to stay open for the documented 90 days alotted to find an attorney and fight for all this wrong that has been done to us. So we can safely be open without being threatened by going to jail. Thanks for your support, -Nickie and Pam
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*We removed the phone numbers for privacy reasons. Requesting harassment is an abuse of power.
CDSS GAVE PLENTY OF TIME TO NOTIFY PARENTS
The facility was required to distribute the Accusation to parents/guardians of children enrolled at the facility. According to many enrolled families, they were never given any accusation notification. Quite the opposite. They denied the revocation decision after it was published in the local paper.
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On 4/15/24- 4/17/24, a hearing was held, and a proposed decision to revoke the licenses was provided on 5/21/24 by the presiding Administrative Law Judge.
On 6/6/24, proposed decision was accepted by the Department and a Decision and Order was issued and sent to Ms. Thomsen on 6/7/24 by certified mail.
On 6/7/24, Department left voice mail for Ms. Thomsen regarding the Decision and Order.
On 6/10/24, telephone contact was made with Ms. Thomsen advising license is revoked effective 6/17/24, to notify all enrolled families, and continued operation of childcare would constitute unlicensed care.
On 6/17/24, Order Denying Request for Stay of Decision and Order June 17, 2024, was issued.
June 18, 2024
(the day after their state-ordered closure)
Nicolle Daniels sends the following dishonest text message to clients
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"Hi everyone. I have literally exhausted all of my options and Licensing still denies allowing us to do anything and everything I've ask for petition to stay, petition for continuance all denied. I feel its very personal and we just can't win this battle. I feel its INSANELY rude and disrespectful to all of us that they did not give any kind of notice. We are looking into options like selling the building, renting out the bottom, drop in 4 hour child care that doesn't need a license, or full charter school, but I know that doesn't help everyone and I am sincerely sorry for that. I will credit any one who has paid and not used the services for this week and stop billing tomorrow. I will also include the girls that lost their jobs out of the blue to reach out for babysitting services. I once again want to say how sorry I am this is defiantly not how I wanted this to go. Finally our private school is still able to be open for upstairs kids since it is just me and my mom on site currently we are going to do our hours as 7 to 5, if you are questioning if you child falls in that category please ask. Our private school affidavit is on file with the state, year round, and Classical sent us a summer school curriculum. Your kids have meant so much to us and we wanted the best site for them, but unfortunately other people have different plans for our lives. Thanks for supporting us and being there for us I just feel bad stringing everyone along. ~Nickie"
COMMUNITY LICENSING VISITS JUNE 20, 2024
According to the regional supervisor, the presence of school-age children on-site was legalized by the private school affidavit filed by Pam Thomsen and Nicolle Daniels. Despite a judge’s order denying them a license to care for school-age children, this legal loophole, coupled with the division between the California Department of Social Services (CDSS) and the California Department of Education (CDE), prevents effective enforcement to protect these children.
CLICK HERE FOR THE FACILITY EVALUATION REPORT.
With Social Services and the Department of Education operating independently, CDSS only has the authority to enforce its own regulations and orders. Since CDSS has no jurisdiction over CDE, the children whom CDSS is supposed to protect remain legally, under the care of Thomsen and Daniels, despite their lifetime ban from childcare services.
THE COURT ORDER THAT THE CALIFORNIA DEPARTMENT OF EDUCATION DOESN'T SEE
1. The license of respondent Pamela Thomsen dba Thomsen Learning Center to operate the preschool facility is revoked.
2. The license of respondent Pamela Thomsen dba Thomsen Learning Center to operate the infant facility is revoked.
3. The application of respondent Pamela Thomsen dba Thomsen Learning Center to operate a school-age facility is denied.
4. Complainant’s request that respondent Pamela Thomsen be prohibited, for the remainder of her life, from employment in, presence in, and contact with clients of, any facility licensed by the department or certified by a licensed foster family agency, or any resource family home, and from holding the position of member of the board of directors, executive director, or officer of the licensee of any facility licensed by the department, until respondent successfully petitions for reinstatement pursuant to Government Code section 11522 is granted.
5. Complainant’s request that respondent Nicolle Daniels be prohibited, for the remainder of her life, from employment in, presence in, and contact with clients of, any facility licensed by the department or certified by a licensed foster family agency, or any resource family home, and from holding the position of member of the board of directors, executive director, or officer of the licensee of any facility licensed by the department, until respondent successfully petitions for reinstatement pursuant to Government Code section 11522 is granted.
DATE: May 21, 2024 MARION J. VOMHOF Administrative Law Judge Office of Administrative Hearings
