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Inspection visit

complaint

FAIRMONT SCHOOLS SAN JUAN CAPISTRANOLicense 3043714831 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

Page 2 On 05/16/2024, the Orange County Child Care Office received a complaint alleging: Facility Staff handled day-care children in a rough manner, facility staff speak inappropriately to the day-care children. During the investigation, LPA toured the facility, reviewed sign-in/out sheets, incident reports, staff files, Employee Counseling Notice for Staff #9 (S9), and viewed facility video. LPA also conducted interviews with the reporting party, staff, children, and parents. On 5/23/2024, Reporting Party (RP) stated that S9 grabbed a Child #1 (C1) and lifted C1 by their left arm while raising their voice during line-up time. On 05/24/2024, LPA toured facility with Assistant Director Kelsie Spriggs. During inspection LPA toured classrooms, conducted 10 staff interviews, reviewed files, and watched playground video recording dated 5/15/2024. On 7/05/2024, LPA conducted parent interviews. LPA called 8 parents and 3 of the parents called were able to be interviewed. All parents interviewed did not divulge any information pertaining to the allegation or express any concerns regarding care of the children. On 07/08/2024, LPA toured the facility with Director Juanita Espinoza. During the inspection LPA interviewed 1 additional staff member, Staff #11 (S11), conducted child interviews, and observed teachers and children during playground time. Teachers were engaged in helping with snack and supervising children on the playground. Children were engaged on climbing equipment and some children were eating snack at the tables. On 7/08/2024 LPA attempted to interview 4 children. 3 children did not qualify for interview and 1 child stated that they follow line-up instructions. On 7/08/2024 during interview with S11 LPA was informed that the employee no longer works at facility. Of the 11 staff members interviewed during the investigation. All 11 staff stated they did not witness S9 grabbing C1 in a rough manner. 2 staff members heard a child be spoken too inappropriately in a loud voice. 2 staff members stated it was reported to them by the RP. 1 staff reported to LPA S9 is no longer employed at the facility. Continue to page 3. Page 3 Based on LPA observations, interviews with reporting party, staff, children, and parents, the preponderance of evidence has been met; therefore, Personal Rights allegation: Facility Staff handled day-care children in a rough manner, facility staff speak inappropriately to the day-care children is SUBSTANTIATED. See LIC9099D for deficiency cited. Exit interview conducted and report was reviewed with Director Juanita Espinoza. The director was informed that the “Notice of Site Visit” must be posted on or adjacent to the door for 30 days. Failure to post will result in a Civil Penalty of a $100.00. Appeal Rights and deficiencies were discussed. Director was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. Page 2 On 05/16/2024, the Orange County Child Care Office received a complaint alleging: Facility staff are operating out of ratio and facility staff are not providing adequate supervision to day-care children. During the investigation, LPA toured the facility, reviewed sign-in/out sheets, incident reports, staff files, Employee Counseling Notice for Staff #9 (S9), and viewed facility video. LPA also conducted interviews with the reporting party, staff, children, and parents. On 05/24/2024, LPA toured facility with Assistant Director Kelsie Spriggs. During inspection LPA toured classrooms, conducted 10 staff interviews, reviewed files, and watched playground video recording dated 5/15/2024. During tour on this date LPA inspected classrooms, playground, and bathrooms. 2 classrooms were indoors. There were 12 children and 1 teacher in one classroom and 9 children and 2 staff in the other classroom. Children were participating in table activities. 5 classrooms were on the playground with a total of 42 children and 6 staff. LPA observed teachers positioned around the playground and children playing on structures and other outdoor activities. On 7/05/2024, LPA conducted parent interviews. LPA called 8 parents and 3 of the parents called were able to be interviewed. All parents interviewed did not divulge any information pertaining to the allegation or express any concerns regarding care of the children. On 07/08/2024, LPA toured the facility with Director Juanita Espinoza. During the inspection LPA interviewed 1 additional staff member, Staff #11 (S11), conducted child interviews, and observed teachers and children during playground time. Teachers were engaged in helping with snack and supervising children on the playground. Children were engaged on climbing equipment. Continue to page 3. Page 3 On 7/08/2024 LPA attempted to interview 4 children. 3 children did not qualify for interview and 1 child stated that they follow line-up instructions. The 11 staff members interviewed during the investigation. 11 staff members described how they supervise children and stay in ratio during the schedule of the day. Based on LPA observations, interviews with reporting party, staff, children and parents, there was not enough evidence to substantiate the allegation: Teacher Child Ratio and Responsibility for Providing Care and Supervision. Although the allegations may have happened or is valid the preponderance of evidence has not been met; therefore, the allegation is found to be UNSUBSTANTIATED. No deficiency cited. Exit interview conducted and report was reviewed with Director Juanita Espinoza. The director was informed that the “Notice of Site Visit” must be posted on or adjacent to the door for 30 days. Failure to post will result in a Civil Penalty of a $100.00. Appeal Rights and deficiencies were discussed. Director was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days.

Citations

1 citation recorded*CCLD

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to children. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

  • PERSONAL RIGHTS

    101223(a)(3) Personal Rights (a)The licensee shall ensure that each child is accorded the following personal rights:(3)To be free from corporal or unusual punishment, infliction of pain, humiliation...This Requirement was not met as evidenced by: Based on LPA's interviews and record review. LPA interviewed 11 staff 2 staff stated they herd (S9) handle C1 in a rough manner. 2 staff stated it was reported to them.Records review showed facility met with employee and Employee Counseling Notice for (S9)was created.

FAQ · About this visit

Common questions about this visit

What happened during the July 19, 2024 inspection of FAIRMONT SCHOOLS SAN JUAN CAPISTRANO?

This was a complaint inspection of FAIRMONT SCHOOLS SAN JUAN CAPISTRANO on July 19, 2024. 1 citation were issued: 1 Type A (serious).

Were any citations issued to FAIRMONT SCHOOLS SAN JUAN CAPISTRANO on July 19, 2024?

Yes, 1 citation was issued (1 Type A, 0 Type B). The first citation was for: "101223(a)(3) Personal Rights (a)The licensee shall ensure that each child is accorded the following personal rights:(3)T..."

What type of inspection was this?

This was a complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

SourceView on CCLDView original report

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