304270891-1-8-2024-06-CC-PMAA-CZF33H-20240112165334

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304270891
Report Date: 01/08/2024
Date Signed: 01/08/2024 10:13:24 AM

Substantiated

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
10/16/2023 and conducted by Evaluator Archibaldo Silva

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20231016153842

FACILITY NAME:	CANO SITE II		FACILITY NUMBER:	304270891
ADMINISTRATOR:	MANNING, ALTA		FACILITY TYPE:	850
ADDRESS:	1211-1219 SOUTH MAIN		TELEPHONE:	(714) 835-4100
CITY:	SANTA ANA	STATE: CA	ZIP CODE:	92707
CAPACITY:	85	CENSUS: 25	DATE:	01/08/2024
		UNANNOUNCED	TIME BEGAN:	08:30 AM
MET WITH:	Director Ruby Porter		TIME COMPLETED:	10:30 AM

ALLEGATION(S):

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Staff grabbed child's arm with force

INVESTIGATION FINDINGS:

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On 1/8/2024 Licensing Program Analyst (LPA) A. Silva conducted an unannounced complaint investigation inspection. This is a continuation of the investigation initiated on 10/20/2023. Upon arrival, the LPA met with Director Ruby Porter and informed her of the purpose of the visit. A review of the Facility Personnel Report Summary shows all facility staff or individuals who require caregiver background checks have received a criminal record clearance and a child abuse index clearance or an exemption clearance. The census at the time of the visit was 25 preschool children in three rooms (7 children in room 1, 9 children in room 2, and 9 children in room 3) supervised by at least one qualified teacher.

The Department received a complaint on 10/16/2023 alleging that a staff forcefully grabbed a child by an arm.

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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 01/08/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/08/2024

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-20231016153842

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: CANO SITE II	FACILITY NUMBER: 304270891
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/08/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 01/09/2024 Section Cited CCR 101223(a)	1 2 3 4 5 6 7	101223(a) The licensee shall ensure that each child is accorded the following personal rights: (3) To be free from corporal or unusual punishment, infliction of pain... The licensee did not comply with the above regulation as evidenced by:	1 2 3 4 5 6 7	The Director terminated S1 after the incident. The director stated she will hold a discussion of “Children’s Personal Rights in Child Care” after staff have reviewed the video by the same name, available at https://ccld.childcarevideos.org/ under Child Care Center Operators.
	8 9 10 11 12 13 14	Based on interviews and records review, the licensee did not comply with the regulation above, which posed an immediate risk to the safety and personal rights of children in care. S1 forcefully pulled child C1 onto a seat trying to force C1 to participate in the scheduled activities.	8 9 10 11 12 13 14	The licensee will provide proof of correction by the due date.
	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: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 01/08/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/08/2024

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20231016153842

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: CANO SITE II	FACILITY NUMBER: 304270891
	VISIT DATE: 01/08/2024

NARRATIVE

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Page #2 This is an amended version of the original report created on 1/08/2024.

Interview with the complainant: The complainant stated that an incident was received that alleged Staff 1 (S1) physically put hands on Child 1 (C1) while in school. The complainant cross-reported to the licensing division.

Interview with staff: On 10/20/2023, the LPA interviewed five (5) staff at the facility. The five staff interviewed on 10/20/23 consistently stated that they did not witness the incident and could not say whether the allegation(s) happened or not. S1 was no longer associated with the facility at the time of the visit and could not be reached for an interview. On 10/27/2023, the LPA interviewed Staff 7 (S7). S7 claimed to have witnessed S1 pull C1 forcefully by an arm into a seat and scolded C1 for not participating in the activity scheduled. S7 reported the incident to the director.

Interview with children: On 10/20/2023, the LPA interviewed 4 children at the facility about the allegations. Three of the children were qualified for an interview. None of the children interviewed disclosed any information that could corroborate the allegation(s). Child #1 did not participate in an interview due to lack of parental consent.

Interview with Parents: On 12/28/2023 and 12/29/23, the LPA called six (6) parents for an interview and was able to speak with five of them. Parent 2 (P2) claimed to have witnessed S1 pull C1 by an arm into a seat and yell at the child while waving a finger at the child’s face because the child did not want to participate in the activity scheduled. The rest of the staff interviewed stated they did not witness anything and could not say whether the allegation happened or not.

Records Review: On 11/24/2023, the LPA received a police report from the local law enforcement department. The report was investigated as willful cruelty to child - simple assault. It was undetermined if [S1] physically grabbed [C1] with malicious intent to cause harm.

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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 01/08/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/08/2024

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20231016153842

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: CANO SITE II	FACILITY NUMBER: 304270891
	VISIT DATE: 01/08/2024

NARRATIVE

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Page #3 This is an amended version of the original report created on 1/08/2024

On 10/20/23, the LPA obtained records showing that staff participated in monthly meetings and training that includes working with parents and children. The Employee Handbook shows that “staff must abide by the program’s standards of care when dealing with the children of CANO Preschool” which include “respect of the unique identity of each child,” “use positive methods of child guidance and will not engage in corporal punishment, emotional or physical abuse, or humiliation.”

Based on the LPA’s observations, records review, and interviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. A substantiated finding means that the complaint is substantiated, and the allegation is valid, because the preponderance of the evidence standard has been met.

LPA A. Silva informed director Ruby Porter that this licensing report dated 1/8/2024 documents one Type A citation(s). Type A citation(s) must be posted for 30 consecutive days during the hours that children are in care as there is/was immediate risk(s) to the health, safety, or personal rights of children in care. The director was informed that a copy of this licensing report must be provided to parents or guardians of all clients currently enrolled by the next business day or by the next day the children are in care, a copy of this report must be provided to the parents or guardians of all newly enrolled clients for 12 months from the date of this report, and a signed Acknowledgement of Receipt of Licensing Report (LIC 9224) form, or another written equivalent statement, must be placed in the child's file for verification of receipt of the report.

An exit interview was conducted with Director Ruby Porter. The Notice of Site Visit was posted during the visit. The director was informed that the Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The director was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First-level appeals should be sent to the regional manager to the address listed above.

END.

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 01/08/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/08/2024

LIC9099 (FAS) - (06/04)

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