300606917-11-4-2024-06-CC-THOO-DBL4ZQ-20241202183307

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 300606917
Report Date: 11/04/2024
Date Signed: 11/04/2024 10:20:01 AM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/27/2024 and conducted by Evaluator Aiddee Nunez

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20240827104639

FACILITY NAME:	IRVINE CHILD DEVELOPMENT CENTER-INFANT		FACILITY NUMBER:	300606917
ADMINISTRATOR:	TUCKER, LISA		FACILITY TYPE:	830
ADDRESS:	2 CIVIC CENTER PLAZA		TELEPHONE:	(949) 724-6700
CITY:	IRVINE	STATE: CA	ZIP CODE:	92606
CAPACITY:	32	CENSUS: 26	DATE:	11/04/2024
		UNANNOUNCED	TIME BEGAN:	09:20 AM
MET WITH:	Director, Lisa Tucker		TIME COMPLETED:	10:35 AM

ALLEGATION(S):

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Staff do not treat children with respect
Staff handles children roughly
Staff physically restrained a child

INVESTIGATION FINDINGS:

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Licensing Program Analysts (LPA) Aiddee Nunez conducted an unannounced complaint investigation. This is a continuation of the investigation initiated on 09/03/2024. Upon arrival LPA met with Director Lisa Tucker, to deliver complaint findings. Census was taken in each classroom and observed a total of 11 infant age children with 4 staff members in the infant room and a total of 15 infant age children with 5 staff members in the toddler room.

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. During today’s inspection the facility was operating within its licensed capacity and within compliance of staffing ratios.

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Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Aiddee Nunez
LICENSING EVALUATOR SIGNATURE:	DATE: 11/04/2024

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/04/2024

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20240827104639

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: IRVINE CHILD DEVELOPMENT CENTER-INFANT	FACILITY NUMBER: 300606917
	VISIT DATE: 11/04/2024

NARRATIVE

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On 08/27/24 the Orange County Child Care Office received a complaint alleging staff do not treat children with respect, staff handles children roughly, and staff physically restrained a child. Reporting Party (RP) stated the following: Staff# 8 (S8) was grabbing the children’s faces and telling them either not to scream or not to cry. When we put the children to rest RP noticed S8 leg resting on Child#1 (C1) (it was not a bridge) S8 leg was completely on C1. RP noticed S8 kept C1’s head down forcibly. There were 4 other teachers in the room, and no one thought it was wrong but RP. RP knows C1 is difficult.

During the investigation, LPA inspected the facility, interviewed a total of 9 staff members and 2 parents. The children were not interviewed due to their age and being non-verbal. LPA also obtained a copy of the children’s roster, personnel report, and the Irvine Police Report.

On 10/27/24, LPA obtained a copy of the Irvine Police Department Report. The Police Officer (PO) interviewed the RP, the director, and 5 staff members. The following was stated on the police report: On 8/22/2024 RP observed S8 abusing C1. During naptime, S8 used the leg to pin C1 down onto a sleeping mat due to C1 excessive crying. S8 placed the leg on top of C1 for 40 minutes. Additionally, S8 grabbed C1 head with both of S8 hands and screamed at C1. Staff#1 (S1) stated S1 was approximately 5 feet away from S8 during this time. S1 acknowledged S8 used the leg to control C1 during naptime, but it was not in a malicious manner. S1 stated S8’s leg was hovering over C1’s lower back by about 6 inches. C1 was lying face down. This technique was used to prevent C1 from running away from the sleeping mat in case C1 got up. S1 stated there was no pressure being applied to C1. S1 stated S8 did not grab C1 by the head nor did S8 screamed or yelled at C1. Staff#3 (S3) stated S3 was in the room and S3 did not see or hear anything indicative of abuse during nap time. Staff#6 (S6) stated S6 was in the room and didn’t see or hear anything because S6 was focused on the toddlers in S6 vicinity. S6 stated C1 is known as troublesome sleeper who yells and moves around during nap time, and it often takes longer for C1 to sleep. Staff#10 (S10) stated S10 was about 5-10 feet away from S8 during nap time and did not pay attention to S8 because S10 was pre-occupied with caring for S10 toddlers. S10 did not see or hear anything indicative of abuse. S8 stated C1 is known to scream and play during nap time, but at no point was C1 crying. S8 acknowledged S8 leg was over C1’s lower back as C1 was faced down. S8 stated using a stern voice to tell C1 to go to sleep, but at no point did S8 yell at C1 or grab C1’s head. S8 stated RP was not close to S8 during nap time and the nap room is dark. S8 believes RP misunderstood S8 actions during nap time. The statements provided by all teachers present in the nap room during the alleged abuse did not corroborate RP’s statement. The allegation is unfounded.

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Aiddee Nunez
LICENSING EVALUATOR SIGNATURE:	DATE: 11/04/2024

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/04/2024

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20240827104639

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: IRVINE CHILD DEVELOPMENT CENTER-INFANT	FACILITY NUMBER: 300606917
	VISIT DATE: 11/04/2024

NARRATIVE

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On 9/3/2024 and 10/25/2024 LPA interviewed 9 staff members. 9 out of 9 staff members stated they have not observed a teacher being rough with the children. 9 out of 9 staff members stated they have not observed a teacher grab a child by their face. 9 out of 9 staff members stated they have not observed a teacher tell the children not to scream or cry. S1 stated S1 has observed S8 put their leg over a child but with a gap in between. S1 stated S1 does not remember the date when S1 saw the incident. Staff#7 (S7) stated S7 observed S8 put the leg on the child, but it was like a bridge because the child was trying to get up. S7 stated S8 was not resting the leg on the child. S8 stated the following: S8 has not forced a child to nap. S8 did not put the legs on top of the child to restrain the child. S8 did not forcibly keep a child’s head down during nap time to restrain the child.

On 10/21/2024 and 11/1/2024 LPA called 12 parents and was able to interview 2 parents. The parents did not disclose any concerns about the facility.

Based on staff interviews, the police report, and parent’s interviews, there was lack a preponderance of the evidence to corroborate the allegations. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations of staff do not treat children with respect, staff handles children roughly, and staff physically restrained a child; therefore, the allegations are UNSUBSTANTIATED.

Exit interview conducted and report was reviewed with director Lisa Tucker.

Notice of Site Visit was provided to 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.

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Aiddee Nunez
LICENSING EVALUATOR SIGNATURE:	DATE: 11/04/2024

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/04/2024

LIC9099 (FAS) - (06/04)

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