Complaint·January 13, 2025

On 11/05/24 the Orange County Child Care Office received a complaint alleging (1) Staff are keeping infants in the crib while awake and (2) Staff kick children. Reporting Party (RP) stated the following: Parents were required to purchase a “Baby Merlin’s Magic Sleepsuit.” RP stated infants were “pretty much restrained” in this sleepsuit throughout the day awake in the crib. RP stated infants that are on the floor were sat on, tripped over, walked over, or kicked by either another child or staff members. During the investigation, LPA inspected the facility, interviewed 6 staff members, interviewed 2 parents, reviewed 37 video footage clips from the infant room for the months of September 2024 and October 2024, and obtained copies of the children’s roster and personnel report. The children were not interviewed due to their age and being non-verbal. Regarding allegation (1) Staff are keeping infants in the crib while awake. During the staff interviews, 6 out of 6 staff members stated they remove the infant from the crib once the infant wakes up. Staff#1 (S1) stated the following: once they see the infants moving, they will try to put them back to sleep. If they don’t fall asleep, they will pick them up and take them out. S1 denied keeping the infants in the crib while they are awake. LPA reviewed video footage from the infant classroom and did not observe any crib in the infant’s room. There are no cameras in the infant nap room. However, LPA did observe staff members remove the sleepsuit from the infants a few minutes later after the infants were awake. The 2 interviewed parents did not disclose any concerns regarding this allegation. Regarding allegation (2) Staff kick children During the staff interview, 4 staff members stated they have not observed any infant being sat on, tripped over, walked over, or kicked by another child or staff member. 4 staff members also stated they have not observed a toddler dragged an infant by its head. On 9/18/2024, LPA observed a video footage clip of a toddler approaching an infant and pulling the infant’s hair. A staff member is then observed stopping the toddler right away and taking the toddler to the table to be fed. LPA did not observed any infant being sat on, tripped over, walked over, or kicked by another child or staff member in the video footage clips that were provided. The 2 interviewed parents did not disclose any concerns regarding this allegation. Page 2 of 3 Based on information gather from LPA’s interviews with 6 staff, 2 parents, and video footage, the preponderance of evidence has not been met. Although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations (1) Staff are keeping infants in the crib while awake. (2) Staff kick children; therefore, the allegations are UNSUBSTANTIATED. Exit interview was conducted with Director, Elaina Estrada. The Notice of Site Visit was posted. Director was informed that the Notice of Site Visit must be posted for 30 consecutive days. The Director was provided with a copy of their appeal rights (LIC 9058) 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 On 11/05/24 the Orange County Child Care Office received a complaint alleging (1) Staff are not properly supervising infants. Reporting Party (RP) stated the following: Staff #2 (S2) was always distracted on the cell phone and not paying attention between the infants who were on their backs (non-walkers, non-crawlers) and the toddlers who were learning how to walk. RP also stated staff members are not washing their hands before feeding a child and after a diaper change. During the investigation, LPA inspected the facility, interviewed 6 staff members, interviewed 2 parents, reviewed 37 video footage clips from the infant room for the months of September 2024 and October 2024, and obtained copies of the children’s roster and personnel report. The children were not interviewed due to their age and being non-verbal. Regarding allegation (1) Staff are not properly supervising infants. During the staff interview, Staff # 1 (S1) stated they try to supervisor the infants by sitting them close to each other to make sure nothing happens to the baby. S1 also stated they are not allowed to use their phone in the classroom but are allowed to look at their phone in the classroom if they need to find a craft or activity. Staff#6 (S6) confirmed that staff members are allowed to look at their phones when they are around the infants to search for activities for the infants. LPA reviewed video footage clip dated 9/17/2024 and observed Staff #2 (S2) browsing through their personal phone for 5 minutes while supervising the infants. LPA observed the following on a video footage dated 9/19/2024: S1 was observed browsing through their personal cell phone 3 times during a 50-minute video clip. Child#1 (C1) was observed approaching Child#2(C2) and pulling C2’s hair while S1 was on their personal phone. Staff#7 (S7) was browsing through their personal phone at the same time S1 was using their personal phone. An infant was observed trying to climb to S7 and S7 ignored the infant due to S7 being on their personal phone. S7 was also observed eating a meal while supervising the infants. LPA reviewed video footage from the months of September 2024 and October 2024 and observed many instances of staff members using their personal phones while supervising the infants. LPA interviewed Parent#1(P1) and P1 stated that staff members are always on their personal cellphone. Page 2 of 3 Regarding allegation (2) Staff does not ensure handwashing before each feeding and after each diaper change. During the staff interviews, S1 stated before feeding an infant and after a diaper change S1 washes their hands. S2 stated they wear gloves when changing an infant’s diaper. 4 staff members stated they wash their hands before feeding an infant and after changing an infant’s diaper. On 9/23/2024, LPA reviewed classroom video footage from the infant’s room and observed 2 incidents of staff members changing infant’s diaper and the staff members using gloves; however, the staff members did not wash their hands after changing the infant’s diaper. LPA also observed a staff member not washing their hands before feeding an infant. The 2 interviewed parents did not disclose any concerns regarding this allegation. Based on information gather from LPA’s staff interviews, parent interviews, and video footage, the preponderance of evidence has been met; therefore, the allegations of (1) Staff are not properly supervising infants and (2) Staff does not ensure handwashing before each feeding and after diaper change are SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1 Section 101429(a)(1) Responsibility for Providing Care & Supervision for Infants and 101438.1(b) Infant Care General Sanitation were being cited on the attached LIC9099D. Please refer to attached 9099D for documentation of deficiencies. LPA informed the Director that this report dated 1/13/2025 document a 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. Also, LPA informed the Director to provide a copy of this licensing report dated 1/13/2025 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. Exit interview was conducted with Director, Elaina Estrada. The Notice of Site Visit was posted. Director was informed that the Notice of Site Visit must be posted for 30 consecutive days. The Director was provided with a copy of their appeal rights (LIC 9058) 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. Page 3 of 3