Complaint·March 5, 2025

Page 2 The Orange County Childcare Office received a complaint on 2/5/2025, with six allegations (1) Staff are operating over ratio, (2) Staff are left to supervise children without the required ECE units, (3) Child was injured due to lack of supervision by staff, (4) Staff do not keep the childcare clean and sanitary, (5) Staff do not keep the children's water bottles clean and sanitary, and (6) Facility is in disrepair (drinking fountain). During the investigation LPA interviewed five staff, reviewed staff, and children files, interviewed five parents, took pictures while touring inside/outside the facility, and conducted surveillance on 3/5/2025. Reporting Party (RP) alleges staff are operating over ratio. On 2/10/2025, LPA interviewed five staff that work inside the preschool and toddler option program. All staff interviewed knew the staff to child ratio for the preschool and toddler option program. All staff interviewed stated they have not been out of ratio and have not witnessed other staff being out of ratio. During today’s inspection and on 3/5/2025 and on 2/10/2025, the facility was operating within its licensed capacity and within compliance of staffing ratios. On 3/5/2025, LPA conducted surveillance in the morning from 7:00 AM to 8:20 AM, and didn't witness staff being out of ratio. On 3/3/2025, LPA contacted 13 parents via telephone call. Out of 13 parents, six parents were able to be interviewed via phone call. Parents interviewed did not divulge any information pertaining to the allegation alleging staff are operating over ratio. RP alleges staff are left to supervise children without the required ECE units. On 2/10/2025 and on 3/XX/2025, LPA reviewed files for staff caring for children inside the preschool and toddler option program. Staff caring for children alone all had the required ECE units to supervise children alone. During staff interviews on 2/10/2025, staff stated they haven’t witnessed unqualified staff caring for children alone. On 3/3/2025, LPA contacted 13 parents via telephone call. Out of 13 parents, six parents were able to be interviewed via phone call. Parents interviewed did not divulge any information pertaining to the allegation staff are left to supervise children without the required ECE units. Continue to Page 3. Page 3 RP alleges child was injured due to lack of supervision by staff. The RP states that due to a lack of supervision, child #1 (C1) fell off the play structure requiring stitches. On 2/10/2025, LPA reviewed C1 file. On the Accident/ Injury Report form there was an incident regarding C1 falling on the steps of the play structure. During staff interviews it was determined there were two toddler option staff on the playground with 10 toddlers. Based on staff interviews, the facility was operating within its licensed capacity and within compliance of staffing ratios. Toddler ratio is one teacher to six toddlers. LPA observed the outdoor play structure to be in good repair and free of sharp edges. On 3/3/2025, LPA contacted 13 parents via telephone call. Out of 13 parents, six parents were able to be interviewed via phone call. Parents interviewed did not divulge any information pertaining to the allegation child was injured due to lack of supervision by staff. RP alleges staff do not keep the childcare clean and sanitary. RP states “shelves and toys are not being disinfected or clean.” On 2/10/2025, LPA interviewed five staff that work inside the preschool and toddler option program. All staff mentioned they clean throughout the day and there is also a third-party cleaning company that arrives after school hours to do additional cleaning. Staff interviewed all stated the facility is clean at the start of their shift. During the inspection of the indoor activity space on today’s date and on 2/10/2025, LPA did not observe any items which could pose a danger to children. Cribs for infants were in good condition, floors appeared to be clean, and all storage containers for solid waste, including moveable bins, have tight fitting covers that are kept on and are in good repair. Changing station observed to be clean and sanitary. The outdoor activity space was inspected for compliance. The playground was enclosed by a fence at least four feet in height. The surface of the outdoor activity space was well maintained and free of hazards. On 3/3/2025, LPA contacted 13 parents via telephone call. Out of 13 parents, six parents were able to be interviewed via phone call. Parents interviewed did not divulge any information pertaining to the allegation staff do not keep the childcare clean and sanitary. Continue to page 4. Page 4 RP alleges staff do not keep the children's water bottles clean and sanitary. RP mentioned "some parents leave water bottles daily at school" that are not washed. On 2/10/2025, LPA interviewed five staff that work inside the preschool and toddler option program. All staff stated parents take the children’s water bottles home daily and if parents forget, staff will wash and rinse them at the beginning of their shift or place them inside the cubbies. On 3/3/2025, LPA contacted 13 parents via telephone call. Out of 13 parents, six parents were able to be interviewed via phone call. Parents interviewed did not divulge any information pertaining to the allegation alleging staff do not keep the children's water bottles clean and sanitary. RP alleges facility is in disrepair (drinking fountain). Per the RP, the drinking fountain on the playground is clogged and children keep playing and drinking with the water sitting on it. On 2/10/2025 and on 3/3/2025, LPA toured the outside play area and observed one drinking fountain. LPA observed the drinking fountain to be in working condition. LPA let the drinking fountain run for approximately 30 seconds and did not observe any clogging. On 2/10/2025, LPA interviewed five staff that work inside the preschool and toddler option program. All staff stated the drinking fountain is in working condition. Staff interviewed also stated children water bottles or cups are fill with filtered watered from the Brita water pitchers. On 3/3/2025, LPA contacted 13 parents via telephone call. Out of 13 parents, six parents were able to be interviewed via phone call. Parents interviewed did not divulge any information pertaining to the allegation alleging facility is in disrepair (drinking fountain). Children were not interviewed due to age and being non-verbal. Based on LPA observation, file reviews, interviews with staff and parents, there was not enough evidence to substantiate the allegations. Continue to page 5. Page 5 The Orange County Child Care Office has investigated the complaint alleging (1) Staff are operating over ratio, (2) Staff are left to supervise children without the required ECE units, (3) Child was injured due to lack of supervision by staff, (4) Staff do not keep the childcare clean and sanitary, (5) Staff do not keep the children's water bottles clean and sanitary, and (6) Facility is in disrepair (drinking fountain): although the allegation may have happened or is valid, there is not enough preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED. In the areas that were evaluated, no deficiencies were observed of the California Code of Regulations, Title 22, Division 12 at the time of the visit. Exit interview conducted and report was reviewed with Director Delmy Cuevas. Notice of Site Visit was provided to the Director. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. Exit interview was conducted. Page 2 During the investigation LPA interviewed five staff, reviewed staff, and children files, interviewed five parents, and took pictures while touring inside and outside the facility. RP alleges staff are not following reporting requirements. On 2/10/2025, LPA reviewed the file belonging to child #1 (C1). Inside C1 file, LPA reviewed the Accident/ Injury Report form regarding C1 falling on the steps of the play structure resulting in an injury on 1/15/2025. In the case of less serious injuries including, but not limited to, minor cuts, scratches and bites from other children requiring assessment and/or administration of first aid by staff, the licensee shall document the injury in the child's record and notify the child's authorized representative of the nature of the injury when the child is picked up from the center which the facility did. An addition, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. In addition, a written report containing the information shall be submitted to the Department within seven days following the occurrence of such event which the facility failed to do so and couldn’t provide evidence showing the incident was reported. On 3/3/2025, LPA contacted 13 parents via telephone call. Out of 13 parents, six parents were able to be interviewed via phone call. Parents interviewed did not divulge any information pertaining to the allegation alleging staff are not following reporting requirements. Children were not interviewed due to age and being non-verbal. Based on the facility not reporting the incident regarding C1 injury, the preponderance of evidence standard has been met; therefore, the above allegation alleging (1) Staff are not following reporting requirement is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter 12, is being cited on the attached LIC 9099 D for the deficiency section 101212 Reporting Requirements (d) Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. In addition, a written report containing the information specified in (d)(2) below shall be submitted to the Department within seven days following the occurrence of such event. Continue to Page 3. Page 3 In the areas that were evaluated, one Type B deficiency was observed of the California Code of Regulations, Title 22, Division 12 at the time of the visit. See LIC 809D page for deficiency. Exit interview conducted and report was reviewed with Director Delmy Cuevas. Notice of Site Visit was provided to Director Delmy Cuevas and posted on the door. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The licensee was provided a copy of their appeal rights (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.