complaint·February 21, 2024

On 01/03/24 the Orange County Child Care Office received a complaint alleging daycare child sustained unexplained injury while in care and staff are not ensuring daycare child’s diapering needs are met. Reporting Party (RP) stated when Child#1 (C1) was picked up from the facility C1 had a large red mark on the bottom right cheek. When RP asked C1 about the large mark on C1 cheek. C1 responded that Staff#6 (S6) hit C1 with a toy. RP was informed by the facility that C1 may have received the mark while asleep during rest time. RP also stated when C1 is picked up from the facility, C1 is wearing the same diaper since the morning and has sustained multiple diaper rashes while in the care of the facility. During the investigation, LPA Nunez interviewed 6 staff members including the director, 4 children, and 2 parents. LPA also obtained copies of the children’s roster, staff roster, diaper changing charts, and attendance sheets. On 1/8/24 and 1/29/24, LPA interviewed 6 staff members including the director. All staff members that were interviewed stated they have never witnessed S6 harm or hit any children. S6 denied the allegation and stated S6 never hit C1. S6 believes that C1 received the red mark on the cheek from the edge of the cot while C1 was sleeping. Staff#1 (S1) stated children start to go down for nap between 12:45pm to 1pm. S1 stated all children are in their cots by 1pm. It’s stated on the attendance sheet that C1 was picked up during nap time on the day of the incident. S1 and Staff#2 (S2) stated that C1 had one diaper rash during the time C1 was at the facility. S2 stated S2 put diaper rash ointment on C1 when C1 had a diaper rash. S1 and S2 stated they check children’s diapers every 2 hours and potty train the children by encouraging the children to sit on the toilet. Diaper checks are logged, and it stated C1 had a dry diaper until C1 was picked up on the day of the incident. LPA interviewed 4 children; all children stated they have never been hit by a teacher at the facility. The 4 children also stated they have never seen a teacher hit other children. LPA called 10 parents and was able to interview 2 parents on 2/6/24. Both parents interviewed made no disclosures. Both parents did not express any concerns about the care given to the children, or any issues with any staff at the facility. Page 2 of 3 Based on the information gathered from LPA's interviews with staff members, parents, children, and reviewing records, there is insufficient evidence to corroborate the allegation of daycare child sustained unexplained injury while in care and staff are not ensuring daycare child’s diapering needs are met. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED. Exit interview was conducted with director, Gerardo Soto. Notice of Site Visit was posted during the visit. The licensee was informed that the notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. Licensee was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above. End of Report Page 3 of 3 During the investigation, LPA Nunez interviewed 6 staff members including the director, 4 children, and 2 parents. LPA also obtained copies of the children’s roster, personnel report, diaper changing charts, and attendance sheets. On 1/8/24 LPA interviewed 6 staff members. 3 out 6 staff members stated they have observed S6 yell at the children. S1 stated if children don’t listen S6 gets frustrated. S1 stated S1 often hears S6 tell the children Stop! Stop! Stop! In a loud voice. S1 stated some children ignore S6 and other children look uncomfortable. S2 stated S6 has noticed S6 speaks to children in a firm an inappropriate tone. S2 stated S6 uses a loud tone and is very demanding with the children. S2 stated some children ignore S6, some listen, and some look scared. Staff#4 (S4) stated S4 has observed S6 yell at the children. LPA attempted to interview 8 children and only 4 children qualified for an interview. No disclosure were made by the 4 interviewed children. LPA called 10 parents and was able to interview 2 parents on 2/6/24. Both parents interviewed made no disclosures. Both parents did not express any concerns about the care given to the children, or any issues with any staff at the facility. Based on LPA’s interviews with the staff members, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1 Section 101223(a)(1) Personal Rights. Please refer to attached 9099D for documentation of deficiencies. LPA Nunez informed Director, Gerardo Soto that this report dated 2/21/2024 document one Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care. LPA Nunez informed the Director to provide a copy of this licensing report dated 2/21/24 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification Page 2 of 3 Exit interview was conducted with director, Gerardo Soto. Notice of Site Visit was posted during the visit. The licensee was informed that the notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. Licensee was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above. End of Report Page 3 of 3