Incident investigation·March 12, 2024

A case management inspection was conducted today by Licensing Program Analyst (LPA), C. Nguyen who met with the Director, Maria Hernandez. A self-report incident by the facility was received at the regional office on 01/16/24 which stated that Child #1 (C1) alleged that C1 was inappropriately touched by Adult #1 (A1) an ex-employee. LPA observed 6 toddlers, 17 preschool children with 4 staff members. During the inspection it was determined the facility is operating within its licensed capacity and within compliance of staffing ratios. A review of criminal record clearances indicates that all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions. During the case management visits, LPA interviewed two staff members, who stated that A1 is a team teacher in the preschool classroom and was almost always around other staff. LPA obtained the Garden Grove Police Department records, an Officer interviewed C1, C1 stated that C1 touched A1 private part, “just when we’re on the swing”. Officer recognized that it was possible that C1 was referring to pushing A1 while was on a playground swing set to propel forward. Based on the welfare check of C1 and the statements gathered, the officer was unable to establish that a crime occurred. Another Officer interviewed A1, A1 denied touching C1 inappropriately. A1 explained that they never even assisted children using the restroom. A1 stated that when children would need to use the restroom, staff members stand directly outside of the restroom. When asked if A1 ever pushing children on the swings while working at the facility, A1 denied. A1 explained that children were encouraged to learn on their own while using the swings. Officer asked if A1 recalled there ever a time in which a child pushed A1 on a swing to which A1 denied. A1 informed the officer that it may be possible that the child could be confusing A1 with student volunteer #1 (V1). A1 stated that V1 would sometimes volunteer at the program. Officer later spoke with student volunteer 1 (V1). Continued on Page 809-C Page 802-C Officer asked if V1 remembered pushing children on the swings while volunteering to which V1 admitted. When asked if children ever pushed V1 on a swing to which V1 stated “it is possible”. V1 denied ever touching C1 inappropriately. Officer asked V1 if ever assisted students with using the restroom while V1 volunteered at the facility which V1 denied. V1 explained that if V1 ever pushed a child on a swing and accidentally touched their butt while they were being pushed, V1 was not doing it maliciously. This concluded the involvement in this investigation. LPA interviewed director today and asked if student volunteers are left unsupervised by staff or supervised children? The director stated that volunteers are never left alone with the children, nor counted in ratio and always supervised by staff members, in addition V1 was a minor who was here for five times to help with different events. LPA Nguyen attempted to interview the children in care, but none were qualified for the interview. Based on the interviews, reviewed of the Garden Grove Police Department records, and observation during the inspections, no deficiencies were observed of the California Code of Regulations, Title 22, Division 12 at the time of the inspections. Exit interview was conducted. Notice of Site Visit was posted during the visit. Director, Maria Hernandez 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. Appeal rights provided and explained. The Director 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.