304270761-9-26-2024-06-CC-THOO-D9LN5A-20240930100914

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304270761
Report Date: 09/26/2024
Date Signed: 09/26/2024 03:54:44 PM

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
07/21/2024 and conducted by Evaluator Aiddee Nunez

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20240721224204

FACILITY NAME:	CATALYST KIDS-LINDBERGH		FACILITY NUMBER:	304270761
ADMINISTRATOR:	SOTO, GERARDO		FACILITY TYPE:	850
ADDRESS:	220 23RD STREET		TELEPHONE:	(949) 650-2506
CITY:	COSTA MESA	STATE: CA	ZIP CODE:	92627
CAPACITY:	195	CENSUS: 82	DATE:	09/26/2024
		UNANNOUNCED	TIME BEGAN:	09:28 AM
MET WITH:	Director, Gerardo Soto		TIME COMPLETED:	04:15 PM

ALLEGATION(S):

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Staff allow the daycare children to sit on the bathroom floor
Staff do not provide adequate supervision to the daycare children
Staff do not provide a comfortable temperature for the daycare children
Staff do not properly maintain the facility
Staff are accepting children with lice into care

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 7/25/2024. Upon arrival LPA met with Director Gerardo Soto, to deliver complaint findings. Census was taken in each classroom and observed a total of 82 preschool children with 10 staff members.

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.

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Aiddee Nunez
LICENSING EVALUATOR SIGNATURE:	DATE: 09/26/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/26/2024

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

LIC9099 (FAS) - (06/04)

Page: 1 of 9

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
07/21/2024 and conducted by Evaluator Aiddee Nunez

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20240721224204

FACILITY NAME:	CATALYST KIDS-LINDBERGH		FACILITY NUMBER:	304270761
ADMINISTRATOR:	SOTO, GERARDO		FACILITY TYPE:	850
ADDRESS:	220 23RD STREET		TELEPHONE:	(949) 650-2506
CITY:	COSTA MESA	STATE: CA	ZIP CODE:	92627
CAPACITY:	195	CENSUS: 82	DATE:	09/26/2024
		UNANNOUNCED	TIME BEGAN:	09:28 AM
MET WITH:	Director, Gerardo Soto		TIME COMPLETED:	04:15 PM

ALLEGATION(S):

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Staff do not follow protocals to prevent the spread of illness

INVESTIGATION FINDINGS:

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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Aiddee Nunez
LICENSING EVALUATOR SIGNATURE:	DATE: 09/26/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/26/2024

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

LIC9099 (FAS) - (06/04)

Page: 4 of 9

Control Number 06-CC-20240721224204

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: CATALYST KIDS-LINDBERGH	FACILITY NUMBER: 304270761
	VISIT DATE: 09/26/2024

NARRATIVE

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During the investigation, LPA inspected the facility, interviewed a total of 11 staff members, a total of 11 children, and 3 parents. LPA also obtained a copy of the children’s roster and personnel report.

On 7/25/24, Staff#11 (S11) stated there has been 2 on-going cases in the past six months. S11 stated every time Child #1 (C1) and Child #2 (C2) would have lice they would notify parent to pick up children and they could not return to the childcare center if they had live lice. Before entering the childcare center S11 stated they would verify that there weren’t any live lice on the children’s hair. S11 stated that C1 and C2 had lice in the past month on 9/17/2024 and 9/24/2024. S11 disclosed they did not report the lice outbreak to parents, licensing or department of Public Health.

Based on LPA interviews and records reviewed it has been determined that the classroom has had an on-going issue with lice of two or more cases and S11 failed to report the incidents for the on-going lice issue to the parents for each occurrence of 2 or more cases. Therefore, the preponderance of evidence standard has been met, the allegations are found to be Substantiated. California Code of Regulations, Title 22, 101212(d)(1)(E) Reporting Requirement is being cited on the attached LIC 9099D.

Exit interview was conducted with Gerardo Soto. Notice of Site Visit was posted during the visit, failure to post will result in civil penalties of $100. Appeal rights were provided and explained.

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Aiddee Nunez
LICENSING EVALUATOR SIGNATURE:	DATE: 09/26/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/26/2024

LIC9099 (FAS) - (06/04)

Page: 5 of 9

Control Number 06-CC-20240721224204

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: CATALYST KIDS-LINDBERGH	FACILITY NUMBER: 304270761
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/26/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 10/03/2024 Section Cited CCR 101212(d)(1)(E)	1 2 3 4 5 6 7	101212 Reporting Requirements (d) Upon the occurrence..., a report shall be made to the Dept by telephone... next working day and during its normal business hours.... (d)(2) below shall be submitted to the Dept within seven days... (1) Events reported... (E) Epidemic outbreaks. This is a potential Health and Safety risk to the children in care.	1 2 3 4 5 6 7	Director stated they will make sure they report any outbreaks of 2 or more cases within 24 hours via phone call and submit a written incident report within 7 days. Director stated they will also notify families of any outbreaks. Director will submit LIC624 Unusual incident report for the last lice outbreak by 9/30/24.
	8 9 10 11 12 13 14	Based on interview with Staff#11 it was determined that S11 did not report the lice outbreak when there was 2 or more cases in the childcare center to families, licensing and department of public health. This is a potential Health and Safety risk to the children in care.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Aiddee Nunez
LICENSING EVALUATOR SIGNATURE:	DATE: 09/26/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/26/2024

LIC9099 (FAS) - (06/04)

Page: 6 of 9

Control Number 06-CC-20240721224204

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: CATALYST KIDS-LINDBERGH	FACILITY NUMBER: 304270761
	VISIT DATE: 09/26/2024

NARRATIVE

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On 07/21/24 and on 7/24/2024 the Orange County Child Care Office received a complaint alleging Staff allow the daycare children to sit on the bathroom floor, Staff do not provide adequate supervision to the daycare children, Staff do not provide comfortable temperature for the daycare children, Staff do not properly maintain the facility, and Staff are accepting children with lice in care.

During the investigation, LPA inspected the facility, interviewed a total of 11 staff members, a total of 11 children, and 3 parents. LPA also obtained a copy of the children’s roster and personnel report.

Staff allow the daycare children to sit on the bathroom floor. Reporting Party#1 (RP1) stated kids sit on the floors on the bathroom. 5 staff members stated the children do sit on the restroom floor when waiting for the other children to finish with the restroom and handwashing. Staff#1(S1) stated S1 has observed the children sitting on the restroom floor, and Staff# 4 (S4) stated S4 does not have the children sit on the restroom floors. S4 stated S4 takes the children to the restrooms that have benches, so children can wait on the benches. LPA observed that most of the restrooms had benches inside the restrooms except 1 restroom did not have a bench inside the restroom. LPA also observed benches outside the restrooms. 7 children stated they sit on the restroom floor when waiting for other children. 4 children did not disclose any concerns about sitting on the restroom floor. LPA inspected the restroom floor and did not observe the restroom being dirty.

Staff do not provide adequate supervision to the daycare children. RP1 stated children are being unsupervised such as running off with no teacher or adult present. Reporting Party#2 (RP2) stated kids run away from their teachers so there is no adult supervision. 10 staff members stated they have not witness children being unsupervised and running off with no staff member being present. 10 staff members stated there is more than 1 teacher in each classroom. 10 staff members also stated that the facility provides trainings on supervision. 5 children stated they have not been left alone without a teacher. 3 children stated there is always a teacher present.

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Aiddee Nunez
LICENSING EVALUATOR SIGNATURE:	DATE: 09/26/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/26/2024

LIC9099 (FAS) - (06/04)

Page: 7 of 9

Control Number 06-CC-20240721224204

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: CATALYST KIDS-LINDBERGH	FACILITY NUMBER: 304270761
	VISIT DATE: 09/26/2024

NARRATIVE

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Staff do not provide a comfortable temperature for the daycare children. RP1 stated the classrooms have no air conditioning. RP2 stated the classrooms continues to be hot every day. RP2 also stated Children sleep in this condition and teachers work in it. Regulation, 101239(a)(1) Fixtures, Furniture, Equipment & Supplies states a comfortable temperature for children shall be maintained at all times. The licensee shall maintain the temperature in rooms that children occupy between a minimum of 68 degrees F (20 degrees C) and a maximum of 85 degrees F (30 degrees C). On 7/25/2024 LPA inspected the classrooms and observed the temperatures inside the classrooms at 9:11am and at 1:10pm and both of the times the classrooms temperatures were less than 85 degrees, and they were a minimum of 68 degrees. 10 staff members stated they have not heard a child complaint about the temperatures inside the classroom. Also, 7 staff members stated that when the temperatures are really high in the classrooms, the facility will call parents to pick up the children and the facility will close. 4 children stated they do not feel hot inside their classrooms.

Staff do not properly maintain the facility. RP1 stated the chairs and toys are dirty and have not been clean. RP1 also stated the facility lost power 3 times. 10 staff members stated that a cleaning crew comes in daily after school hours to clean the classrooms and restrooms. 10 staff members stated that staff members will also clean the tables and chairs before and after meals. On 7/25/2024, LPA inspected the tables and chair in each classroom, and were not observed to be dirty, but most tables and chairs did have permanent stains. LPA also inspected the toys inside each classroom and did not observe to be dirty. 4 staff members stated toys in their classrooms are cleaned daily and 2 staff members stated toys in their classrooms are cleaned weekly. 5 children stated the toys in their classrooms are cleaned. 10 staff members stated the facility has not lost power in the month of July 2024.

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Aiddee Nunez
LICENSING EVALUATOR SIGNATURE:	DATE: 09/26/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/26/2024

LIC9099 (FAS) - (06/04)

Page: 8 of 9

Control Number 06-CC-20240721224204

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: CATALYST KIDS-LINDBERGH	FACILITY NUMBER: 304270761
	VISIT DATE: 09/26/2024

NARRATIVE

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Staff are accepting children with lice into care. RP2 stated the children have been positive for covid and lice. 9 staff members stated the facility has not accepted a child with Covid-19. 4 staff members stated if children have Covid they are not allowed to come back to the facility without a doctor’s note. 9 staff members stated there has been on-going cases of children with lice. Staff#11 (S11) stated there are 2 children Child#1 (C1) and Child#2 (C2) that are in the same family that have had lice over the past 6 months. 7 staff members stated if children have lice and return to school the children are checked for lice before entering the classroom to make sure they do not have lice when returning. S11 stated C1 and C2 are checked for lice every morning either in the office or outside in a private area with the parent present. S11 stated C1 and C2 parents were provided with resources about lice. 3 children stated staff members have checked their hair for lice.

On 9/20/2024, LPA called 7 parents and was able to interview 3 parents. 2 out 3 parents stated they had no concerns about the facility. Parent#1 (P1) had a concern that was not related to the allegations. P1’s concern has already been resolved in another complaint.

Based on LPA’s observations, staff interviews, and children’s interviews there was insufficient 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 allow the daycare children to sit on the bathroom floor, Staff do not provide adequate supervision to the daycare children, Staff do not provide comfortable temperature for the daycare children, Staff do not properly maintain the facility, and Staff are accepting children with lice in care did or did not occur; therefore, the allegations are UNSUBSTANTIATED.

Exit interview conducted and report was reviewed with director Gerardo Soto.

Notice of Site Visit was provided to licensee. 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: 09/26/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/26/2024

LIC9099 (FAS) - (06/04)

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