300610655-4-27-2023-06-CC-PMAA-CRMV54-20230508160717

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 300610655
Report Date: 04/27/2023
Date Signed: 04/27/2023 07:44:52 AM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 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
03/13/2023 and conducted by Evaluator Stella Gutierrez

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230313165435

FACILITY NAME:	PACIFIC PRESCHOOL		FACILITY NUMBER:	300610655
ADMINISTRATOR:	TATALA, KENDRA		FACILITY TYPE:	850
ADDRESS:	31341 NIGUEL ROAD, SUITE H		TELEPHONE:	(949) 248-8711
CITY:	LAGUNA NIGUEL	STATE: CA	ZIP CODE:	92677
CAPACITY:	115	CENSUS: 1	DATE:	04/27/2023
		UNANNOUNCED	TIME BEGAN:	07:25 AM
MET WITH:	Janel Morfard, Facility Supervisor		TIME COMPLETED:	08:00 AM

ALLEGATION(S):

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Personal Rights- Staff are using an inappropriate form of discipline with day care child in care.
Personal Rights- Staff are not allowing day care child to eat their food while in care.
Personal Rights- Staff speak inappropriately to day care child(ren) in care.

INVESTIGATION FINDINGS:

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On 04/27/2023 Licensing Program Analyst (LPA), Stella Gutierrez made an unannounced visit to the facility for the purpose of delivering findings of a complaint that was received on 03/13/2023. LPA was met by Janel Morfard, Facility Supervisor who was explained the reason for today’s visit. Census taken today, LPA observed 03 preschool staff and 01 preschool children in care.
A review of the Facility Personnel Report Summary conducted on 04/27/2023 indicates all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 03/13/2023 a complaint was received alleging- Staff are using an inappropriate form of discipline with day care child in care, staff are not allowing day care child to eat their food while in care and Staff speak inappropriately to day care child(ren) in care. The reporting party stated that staff withhold food as a form of punishment and that the staff spoke inappropriately to a child in care.
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Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 04/27/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/27/2023

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-20230313165435

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: PACIFIC PRESCHOOL	FACILITY NUMBER: 300610655
	VISIT DATE: 04/27/2023

NARRATIVE

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The reporting party (RP)was interviewed on 03/15/2023 and stated that C1 stated that they are put in time out because C1 is bad. During the interview it was also stated that S2 told C1 in front of the RP that if C1 is not going to eat then to go sit down in the corner and read a book. The RP stated that the issues were brought up to the director prior to the incident of the above alleged allegations, per the RP the director stated that the RP would be informed about any further incidents. On 03/15/2023 the RP party stated (no specific date provided) that S2 is retaliating against C1. RP stated that C1 would bring home half of their lunch due to S2 stating that C1 would need to eat the healthy items first. On 03/13/2023 RP stated C1 stated that S2 told C1 that C1 could not have a quesadilla because C1 did not sit down in time, C1 cried. C1 told RP that the other children in the class all got quesadillas in front of C1. On 03/13/2023 the RP stated observed S1 an S2 yell at C1 during pick up on 03/13/2023 The RP stated that S1 told C1 “You’re not getting snack to today” and S2 stated “You’re not listening” in loud tones.

On 03/21/2023 LPA Gutierrez made an unannounced inspection to the facility. LPA interviewed the 06 staff and 10 children.

In reference to the allegations that Staff are using an inappropriate form of discipline with day care child in care by not allowing day care child to eat their food while in care. On 03/21/2023, The director stated that she is aware of the complaint that was filed based on the information that was seen on Facebook media community page about the above alleged allegations. The director stated that C1 demonstrated some challenging behavior and when that happens the facility’s protocol is partner up with IGM (Information Gathering Meeting) which opens a dialog to figure out a strategy to meet C1s needs. The director stated that the RP was always in a rush when picking up C1 from the facility. The director has monitored S2 stating that she has observed S2 to be straight toned and reminded S2 “her tone needs to be indicative to her intention”.

On 03/21/2023 The director stated on the day in question, 03/13/2023, S2 was serving snack (quesadilla’s) and C1 along with 4 other children (C2, C3 and C5) all opted out from having snack that day. The staff will ask the children if they want snack and if they refuse, it’s not forced. The director stated the there are onboard trainings provided to each staff and when hired they are observed in the classroom on how the staff interact with the children. Annually the staff have a staff development day regarding children’s needs and strategies om how the children’s needs could be met. Page 2 of 4

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 04/27/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/27/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230313165435

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: PACIFIC PRESCHOOL	FACILITY NUMBER: 300610655
	VISIT DATE: 04/27/2023

NARRATIVE

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The director stated that the facility provides snacks, and the children bring their lunches. On 03/21/2023 S2 stated that on 03/13/2023 quesadillas were served as a snack and that C1 did not want to wash their hands and sit for a snack and that by the time that snack was over, and the quesadillas were gone, C1 came to the table and requested a quesadilla. S2 told C1 that there was no more but had an option to pull their lunch brought from home to have a snack from there instead. S2 stated the C1 began to get upset but continued to remind C1 to get food from

their lunch to proceed going outside for recess. On 03/21/2023, S5 stated that on 03/13/2023 C1 was given a choice to receive snack from their lunch, but the child opted out on that as well.

Regarding the allegation that staff speak inappropriately to day care child(ren) in care; On 03/21/2023 S1 stated that they do not yell at any children in care and usually C1 is provided a snack when going home. S1 stated that on 03/10/2023 C1 was sent home with watermelon and crackers, but on 03/13/2023 the facility did not have any snacks left to send home. S2 stated that there are times that they have a loud tone, due to trying to redirect C1 to use manners. The director, S1, S2, S3, S4 and S5 stated that they have never withheld food or observed any staff without food as a form of punishments from any child and have never yelled or observed any other staff speak inappropriately to the children in care.

On 03/21/2023 LPA also was provided a copy of the personnel record, children’s roster, classroom assignments for the teachers and the children, emails and meeting exchange communication with the reporting party dated back as far as July 2022 and declaration statements regarding the statements provided today by the Director, S1, S2 and S5.

On 03/21/2023 LPA interviewed 10 children, including C1. On 03/21/2023 C1 stated that S2 is mean and does not give them a quesadilla. When C1 was asked if someone yells at school, C1 response by providing another child’s name, who is in the same classroom. LPA attempted twice to continue to interview with C1, but child had no more interest in talking. LPA was not able to qualify C4, C6 and C8 due to the age and the limited language abilities. On 03/21/2023, The additional 6 children interviewed (C2, C3, C5, C7, C9 and C10) made no disclosures, of inappropriate discipline, withholding of food by staff, and staff speaking inappropriately.

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SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 04/27/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/27/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230313165435

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: PACIFIC PRESCHOOL	FACILITY NUMBER: 300610655
	VISIT DATE: 04/27/2023

NARRATIVE

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On 03/21/2023 The documents that LPA (email communications and Information Gather Meeting ) obtained showed ongoing communications with the reporting party

On 04/07/2023 LPA Gutierrez contacted 10 parents of the children enrolled in the same classrooms as S1, S2 and S5. Of the 08 parents that were interviewed had made no disclosures.

Based on LPAs investigation, statements and documents reviewed, the allegations referenced on this report are deemed unsubstantiated. Although the allegations may have happened or are valid, there is not a preponderance of the evidence to prove that the alleged violations occurred.

Exit interview conducted and report was reviewed with the Facility Supervisor, Janel Morfard. Appeal Rights were discussed. The facility representative 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.

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.

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SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 04/27/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/27/2023

LIC9099 (FAS) - (06/04)

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