Incident investigation·June 15, 2023

Licensing Program Analyst (LPA) Dean Thompson conducted an unannounced case management incident inspection to follow up on the self-report Unusual Incident dated 5/5/2023. This is a continuation of the inspection initiated on 5/16/2023. LPA met with Director Laura Johnson at 9:00 am. Census was taken today and there was a total of 11 preschool age children with a total of 2 preschool 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 the Facility Personnel Report Summary on this date indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions. A self-report incident by the facility was received at the regional office on 5/5/23. The facility reported a parent called Orange County Sheriff’s Department to report an alleged physical contact (shaking) that occurred at Children's Courtyard between her child #1 (C1) and staff #1 (S1). During this investigation, LPA interviewed 2 staff, obtained a copy of the children roster, reviewed S1 file, and retrieved the Orange County Sheriff’s incident report. From the interviews conducted it was discovered S1 was issued a written warning on 5/8/2023 by Children’s Courtyard for the incident that occurred on 5/5/2023 involving C1. The written warning description reads “The teacher did not handle a child who was not listening during classroom projects according to our positive behavior guidance policy.” Continue to page 2. Page 2 On 5/15/2023, LPA received a flash drive containing video recordings of the incident involving S1 and C1. In the video, C1 is seen sitting on the children’s sofa inside the classroom away from other children. S1 walks over to C1, picks C1 up off the sofa, sits down, then positions C1 sideways onto the lap of S1. C1 was observed sliding down onto the floor from S1 lap. S1 picks C1 off the floor and positions C1 sideways onto the lap again. S1 is observed to be holding C1 so that C1 doesn’t move. While S1 is talking to C1, C1 hand swings towards S1. LPA then observed S1 grasp C1 arms while jiggling C1 in position to have face contact. Based on the information gathered from the interviews conducted, records reviewed, and video recordings, It was determined that C1’s personal rights were violated by S1. The facility was not in compliance of the California Code of Regulations, Title 22, Division 12. The following citation Personal Rights section 101223(a)(3) was issued today on the attached LIC 809D. LPA Thompson informed Director Laura Johnson that this report dated 6/15/2023 document(s) one Type A citation which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care. Also, LPA Thompson informed the Director Laura Johnson to provide a copy of this licensing report dated 6/15/2023 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 conducted and report was reviewed with the Director Laura Johnson. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Appeal Rights and deficiencies were discussed. Director Laura Johnson 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.