Complaint·October 24, 2024

(page 2) The complaint was referred to the Investigations Branch (IB) on 08/08/2024 and assigned to Investigator John Rante to obtain the police report. On 08/06/2024, the RP reported to SAPD. Officer Jeffery Grant interviewed RP. RP reported that C1 disclosed to RP that S1 inappropriately touched C1. RP stated C1 disclosed S1 took C1 to the restroom to clean their private area. RP took C1 to Children’s Hospital of Orange County (CHOC) to be medically evaluated. RP stated there were no signs of injuries to C1’s private area. RP stated CHOC contacted social workers, so they did not think to call the police because they thought everything was going to be taken care of by the hospital. C1 was interviewed by SAPD Officer Grant on 08/06/2024. C1 disclosed during the summer of 2012, they remembered being in a restroom and after they were done, they called out for help because they did not know how to clean themself. C1 unlocked and opened the door and S1 entered, closed, and locked the door behind them. They did not see S1’s face, they only saw from the nose down. C1 stated S1 was in the restroom for approximately one to two minutes. S1 then touched C1’s private parts and butt. C1 stated they do not remember if S1 had toilet paper in their hand when they were being wiped. C1 recalls S1 touching their privates in a wiping motion. C1 stated this occurred one time and does not recall any other incidents. Officer Grant contacted Child Protective Services (CPS) and spoke with Senior Social Worker ( SSW ) Nguyen about the incident. Nguyen stated this incident was reported to them in 2013 and again earlier this year in 2024. Nguyen stated since this involves an out of the house perpetrator, they referred this investigation to SAPD. Upon Officer Grants record check there is no previous report taken. SAPD Officer Jessica Taylor conducted an in-house record check for any prior calls pertaining to these allegations; however, they were unable to locate any prior calls for service nor reports associated to the victim and the suspect. (continue to page 3) (page 3) Officer Taylor spoke with SSW Loretta Lopez with the Orange County Social Services Agency (OCSSA) - Children & Family Services (CFS). SSW Lopez assisted in conducting a record check of the OCSSA - CFS database. Upon conducting a review of the OCSSA - CFS database, SSW Lopez informed Officer Taylor there were prior referrals in reference to the same allegations involving S1. SSW Lopez stated the first referral was made on March 19, 2013. In January 2013, it was reported that C1 was playing with a doll in a sexual manner. C1 showed C1’s parent what S1 did to them with the doll. It was mentioned that C1 used a wipe to wipe the doll’s bottom. This referral was evaluated out to the SAPD. This referral indicated that police personnel responded, but no police report was taken. SSW Lopez also stated there was a second referral taken on February 15, 2024, in regard to sexual assault allegations involving the same suspect. In this referral, it was reported that S1 helped C1 wipe themself in the bathroom. This referral was evaluated out to the SAPD and it was already handled by SAPD. On 08/07/2024, Officer Taylor and Detective Corporal D. Lopez interviewed C1. C1 stated they were four or five years old when attending the preschool. C1 stated they needed to go to the restroom and opened the door to ask for help. C1 stated they remembered S1 walking into the restroom and closing the door behind them. C1 was standing up straight when S1 told them that they were going to touch them because they loved them. C1 told officers that they are unable to recall whether they responded to S1. C1 stated they recall feeling a hand and getting touched but does not recall if S1 was holding anything or what happened afterwards or how they exited the restroom. C1 disclosed to officers they only recalled this happening once. On 08/07/2024, Officer Taylor interviewed C1’s parent (A1). A1 disclosed in 2013, they were bathing C1 when C1 disclosed that S1 touched them. A1 stated they asked C1 how many times they were touched and C1 stated they were touched while in the restroom and in the water jumper. C1 told A1 that they needed help cleaning themself because C1 had defecated and that S1 cleaned C1. A1 stated C1 was self-sufficient to clean themself at that time. A1 stated C1 was taken to CHOC clinic where they were told by medical staff that C1 was not penetrated. A1 stated they did not report it to police because they felt comfortable knowing that C1 was not physically hurt, and they expected the doctor who saw C1 at CHOC clinic and C1’s assigned psychologist at the time to take care of this issue. (continue to page 4) (Page 4) On 08/16/2024, Officer Taylor and Detective Alejandro Avila interviewed S1. S1 stated if a child needed to go to the restroom, a teacher or someone in the greeting room would monitor the children in the restroom. The teacher in the greeting room would make sure the child gets his or her privacy and send them back to his or her class when the child was done. S1 stated for the two-year-old children that are not potty trained, there is a private area where diaper changes are done. S1 stated they are always cautious and made sure to respect the child's privacy when the child was being changed or in the restroom. S1 stated they decided to never change or help clean a child when using the restroom. S1 denied ever wiping C1. S1 disclosed if a child is unable to clean themselves, staff do not physically clean a child from the ages three and above. Staff encourage parents to help and teach their children how to wipe themselves. Staff encourage and guide children on how to clean themselves after using the restroom. However, there were exceptions to this policy such as a child having a disability. Officer Taylor stated after obtaining a statement from all involved parties, this case would be forwarded to the Orange County District Attorney's (OCDA) office for review and final disposition. Investigator Rante stated there is no disposition for this case due to C1 being unable to disclose if they were inappropriately touched by S1 and S1’s denial of allegation. On 10/08/2024, LPAs Giselle Lucero and Nguyen Tran interviewed 6 staff and 3 children. During staff interviews, staff stated they are not allowed to wipe children when they are done using the restroom. Staff encourage children to wipe themselves and verbally assist the child. Staff stated they have never observed S1 assist or take children to the restroom. LPAs attempted to interview 6 children, however only 3 children were qualified for interviews. Children interviewed stated they have never been helped in the restroom and have never observed S1 assist or take children to the restroom. LPA interviewed 4 parents. Parents interviewed made no disclosures. (continue to page 5) (page 5) Based on the investigation conducted with 6 staff, 3 children, 4 parents, in addition to, Santa Ana Police Department’s investigation, it was determined there was insufficient evidence that S1 had inappropriately touch child while in care. 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 Jose Martinez and Licensee Amith Wijemanne . During review of report, Director and Licensee refused to sign the report. LPA gave a printed copy of this report to Director Jose Martinez and Licensee Amith Wijemanne. Notice of Site Visit was posted during the visit. Director 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.