304270590-12-4-2019-06-CC-JHAN-BJT2RG-20191212163731

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304270590
Report Date: 12/04/2019
Date Signed: 12/04/2019 01:33:19 PM

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
11/22/2019 and conducted by Evaluator Dean Valencia

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20191122201546

FACILITY NAME:	PLAZA VISTA CDC		FACILITY NUMBER:	304270590
ADMINISTRATOR:	YBARRA, MARICELA		FACILITY TYPE:	840
ADDRESS:	670 PASEO WESTPARK		TELEPHONE:	(949) 653-6405
CITY:	IRVINE	STATE: CA	ZIP CODE:	92606
CAPACITY:	105	CENSUS: 65	DATE:	12/04/2019
		UNANNOUNCED	TIME BEGAN:	12:00 PM
MET WITH:	Maricela Ybarra, Director		TIME COMPLETED:	02:15 PM

ALLEGATION(S):

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Staff interacted with day-care child in an inappropriate manner.

INVESTIGATION FINDINGS:

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A complaint inspection was conducted by Licensing Program Analyst (LPA)Dean Valencia. LPA met with Director Maricela Ybarra to discuss the above allegation. During the course of the investigation, LPA interviewed nine staff and eight children, and conducted two seperate physical plant inspections, and observed staff interactions with children, and recorded census of children. It has been determined by LPA during the course of the investigation that Staff #7 (See Confidential Names List LIC811) had interacted with children in a manner that the Licensing Agency has deemed inappropriate. It was determined through interviews with staff and children that staff #7 had allowed for children to willingly massage their back, over the clothes. Although children were willing to do this and may have been done in a fun and playful manner, LPA and the Licensing agency has determined that this interaction should not be allowed and is a potential threat to these children's heath and safety. Due to children willingly doing this massaging and it was seen as fun and playful by the children, it has not been determined to reach the threshold of classifying this behavior as serious or an immediate threat to the children's health, safety, or personal rights.
(continued on LIC9099C)

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Dean Valencia	TELEPHONE: (714) 215-6737
LICENSING EVALUATOR SIGNATURE:	DATE: 12/04/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/04/2019

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-20191122201546

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: PLAZA VISTA CDC	FACILITY NUMBER: 304270590
	VISIT DATE: 12/04/2019

NARRATIVE

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Based on information gathered during the investigation, it has been determined that a staff in the facility had interacted with children in a manner the Licensing Agency has determined to be inappropriate and out of compliance with Title 22 Regulations. The preponderance of evidence standard has been met, therefore the allegation has been found to be substantiated. California Code of Regulations Title 22 section 101223(a)(1) is being cited on the attached LIC 9099D.

Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100 per day. The licensee was provided a copy of their appeal rights (LIC 9058 12/15) and their signature on this form acknowledges receipt of these rights. First level appeal is to Regional manager, address is above on the report. This report is to be on file and accessible for public review at the facility for at least 3 years.

The following violation(s) of the California Code of Regulations, Title 22; Division 12, were observed: see LIC 9099D.

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Dean Valencia	TELEPHONE: (714) 215-6737
LICENSING EVALUATOR SIGNATURE:	DATE: 12/04/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/04/2019

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 06-CC-20191122201546

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: PLAZA VISTA CDC	FACILITY NUMBER: 304270590
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/04/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 12/11/2019 Section Cited CCR 101223(a)(1)	1 2 3 4 5 6 7	The licensee shall ensure that each child is accorded the following personal rights: (1) To be accorded dignity in his/her personal relationships with staff and other persons. This was not met as evidenced by: It was determined by investigating LPA Valencia through interviews with staff and children	1 2 3 4 5 6 7	The director stated that on 12/6/19, she will meet with all her staff and discuss compliance with Title 22 Regulations pertaining to personal rights of the children. A copy of the regulations was printed and provided to the director during this inspection. Topics related to this allegation, and interactions with children will be discussed. Proof of this
	8 9 10 11 12 13 14	that a staff #7 had allowed for children to willingly massage their back, over the clothes. Although children were willing to do this and may have been done in a fun/playful manner, LPA and the Licensing agency has determined that this interaction should not be allowed and is a potential threat to these children's heath and safety. Due to children willingly doing this massaging and it was seen as fun and playful by the children, it has not been determined to reach the threshold of classifying this behavior as serious or an immediate threat to the children's health, safety, or personal rights.	8 9 10 11 12 13 14	training, and a staff sign in/out form of who attended and this was addressed with will be submitted to LPA by 12/11/19.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Dean Valencia	TELEPHONE: (714) 215-6737
LICENSING EVALUATOR SIGNATURE:	DATE: 12/04/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/04/2019

LIC9099 (FAS) - (06/04)

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