304300472-12-22-2020-06-CC-PMAA-BX68UA-20210110214912

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304300472
Report Date: 12/22/2020
Date Signed: 12/22/2020 06:40:46 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
05/07/2020 and conducted by Evaluator Leonor Barajas

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20200507144725

FACILITY NAME:	TORRES, MIREA		FACILITY NUMBER:	304300472
ADMINISTRATOR:	TORRES, MIREA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(714) 750-5231
CITY:	GARDEN GROVE	STATE: CA	ZIP CODE:	92840
CAPACITY:	14	CENSUS: 0	DATE:	12/22/2020
		UNANNOUNCED	TIME BEGAN:	03:00 PM
MET WITH:	Licensee Mirea Torres		TIME COMPLETED:	04:30 PM

ALLEGATION(S):

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Provider does not meet daycare child’s dietary needs
Daycare child was bit by another child in care
Daycare child was hit by another child in care
Daycare child was pushed by another child in care

INVESTIGATION FINDINGS:

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Tele Inspection Via Facetime
Licensing Program Analyst (LPA) Barajas conducted a Tele-Inspection of the facility on today's date with the Licensee Mirea Torres via facetime to deliver complaint findings.

Upon entrance into the day-care facility using facetime, LPA met with Licensee and toured the facility. LPA observed No children in day care as day care is closed. A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

Complaint Party(C/P), reported an allegation: Daycare child was hit by another child in care and daycare child was pushed by another child in care.

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Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 12/22/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/22/2020

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-20200507144725

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: TORRES, MIREA	FACILITY NUMBER: 304300472
	VISIT DATE: 12/22/2020

NARRATIVE

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C/P stated that on Monday 05/04/2020, picked child up from day care and child disclosed was slapped in the face by another child. C/P stated child complained was being hit and pushed off the slide by another child in care. C/P stated witnessed same child hitting another child in care while speaking to assistant. C/P stated Licensee was present while child hit other child at pick up time. C/P did not provide further details.

During interview conducted with Licensee on 05/12/2020 and 10/20/2020, via facetime Licensee indicated she maintains supervision indoors by always doing activities and always watching children. Licensee also stated children are always supervised by assistant or herself, both always watching over children keeping eyes on them always. Licensee stated maintains supervision outdoors by always walking around, making sure children are not throwing toys playing with equipment inappropriately, children are never left alone outside. Licensee disclosed does not allow any physical contact among children. The children are not allowed to touch each other, usually children will argue for the playhouse or castle, but she stops them before it happens. Licensee stated lines children up so they can each have a turn and not fight. Licensee disclosed if children are injured at facility, she talks to parents at pick up time. Licensee disclosed she disciplines children if they fight or hit each other by speaking with children, explains to children that its not OK to hit other children and to apologize by saying “sorry” and if needed child sits down for 2 minutes.

LPA interviewed a Staff on 05/12/2020, via phone who stated facility uses redirection to a new activity as part of there discipline. Staff disclosed if children fight/argue for a toy, staff talks to children and if children continue to fight, she takes toy away. Staff disclose supervision indoors and outdoors is always maintained by walking around and watching children , children are never left alone. Staff disclosed sometimes licensee will stay inside with small group of children while they nap or do a different activity and other Staff will supervise children who are outdoors. Staff disclosed there is no physical contact or fighting allowed among children. Staff disclosed if a child is injured at facility parents are notified at pick up time. Staff disclosed as a form of discipline sometimes children sit down for 2 minutes and staff talk to children and inquire what is going on and encourage children to make better choices.
LPA interviewed 2 Parents on 05/11/20, via phone. A parent disclosed has never seen an injury on child. Parent did not have any concerns but will be removing child soon. As child needs to be in a better learning environment. Parent disclosed child needs a curriculum, schedule, and reinforcement. Parent disclosed had no concerns with day care. Parent disclosed child cries when child is being dropped off.
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SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 12/22/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/22/2020

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20200507144725

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: TORRES, MIREA	FACILITY NUMBER: 304300472
	VISIT DATE: 12/22/2020

NARRATIVE

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On 05/12/2020, LPA interviewed a child via facetime. Child disclosed has observed another child hit another child due to child taking other child’s toys away. The child disclosed other child gets mad and cries. However, child also mentioned both children take each other’s toys away. Child also mentioned if children fight, day care provider and assistant will separate children, talk to both children and make them think about what they did wrong or put them in time out. No other children were interviewed, children did not qualify.

Based on the statements provided by C/P, Licensee, a Staff, 2 parents, and 1 child interviewed, the information gathered there is not enough evidence to substantiate day-care child was hit by another child in care, therefore, the allegation was found to be unsubstantiated. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation of day-care child was hit by another child in care, did or did not occur, therefore the allegation is Unsubstantiated.

Based on the statements provided by C/P, Licensee, a Staff, 2 parents, and 1 child interviewed, the information gathered there is not enough evidence to substantiate Day-care child was pushed by another child in care, therefore, the allegation was found to be unsubstantiated. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation of day-care child was pushed by another child in care, did or did not occur, therefore the allegation is Unsubstantiated.

Complaint Party(C/P), reported an allegation: Child was bit. C/P stated a child, not own was bit by a child in facility. C/P stated is aware of a different child being bit at day care. C/P stated child’s parents were not informed and observed the bite when child was being bathe. C/P stated the bite on another child occurred at end of 2019 or beginning of 2020.
During interview conducted with Licensee on 05/12/2020 and 10/20/2020, via facetime Licensee indicated she always maintains supervision indoors and outdoors by always doing activities and always observing children. Licensee also stated children are always supervised by assistant or herself, both always watching over children. Licensee stated does not have any children who are biters and or had incidents of children who bite. Licensee stated if she had a child that bit, she would observe child, talk to parents why child is behaving in that way, so she can help child and not have him bite other children. Licensee disclosed she informs parents immediately verbally at pick up time or via phone of any incident. Licensee stated if she had a child who bit, she would pay more attention to those children as they have behavior problems.
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SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 12/22/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/22/2020

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20200507144725

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: TORRES, MIREA	FACILITY NUMBER: 304300472
	VISIT DATE: 12/22/2020

NARRATIVE

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LPA interviewed a Staff on 05/12/2020, via phone who stated facility uses redirection to a new activity as part of their discipline. Staff disclosed facility has not had any biting problems. Staff disclosed if a child is bit, staff report incident to both parents. Staff disclose supervision indoors and outdoors is always maintained by walking around and watching children, and children are never left alone. Staff disclosed sometimes licensee will stay inside with small group while children nap or do a different activity and other Staff will supervise children who are playing outdoors. Staff disclosed there is no physical contact or fighting allowed among children. Staff disclosed if a child is injured at facility parents are notified at pick up time. Staff disclosed as a form of discipline sometimes children sit down for 2 minutes and staff talk to children and inquire what is going on and encourage children to make better choices.

LPA interviewed 2 Parents on 05/11/20, via phone. A parent disclosed has never seen an injury on child. Parent did not have any concerns but will be removing child soon. As child needs to be in a better learning environment. Parent disclosed child needs a curriculum, schedule, and reinforcement. Other Parent stated child has disclosed at home was bit by a child at facility. Parent disclosed child cries when child is being dropped off. Parent disclosed has no pictures of bites.

Based on the statements provided by C/P, Licensee, a staff, 2 parents interviewed, the information gathered there is not enough evidence to substantiate day-care child was bit, therefore, the allegation was found to be unsubstantiated. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation of day-care child was bit, did or did not occur, therefore the allegation is Unsubstantiated.

Complaint Party(C/P), reported an allegation: Provider does not meet day-care child’s dietary needs.

During interview conducted with Licensee on 05/12/2020 and 10/20/2020, via facetime, Licensee stated facility provides food for children in care. Licensee stated children are provided with breakfast, snack, lunch, snack and dinner, and if a child is hungry, she provides additional food. Licensee stated is also part of food program. Licensee disclosed she does not have any children on a special diet. Licensee disclosed there is a child who has stomach problems, and mother advised not to give child any milk. Licensee stated child is not provided any milk products instead is given more water.

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 12/22/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/22/2020

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20200507144725

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: TORRES, MIREA	FACILITY NUMBER: 304300472
	VISIT DATE: 12/22/2020

NARRATIVE

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Licensee stated has not heard any complaints from parents regarding food provided to children, parents have disclosed children love the food provided at day care. Licensee stated has no food log nor a special meal plan for any children in care.

LPA interviewed a Staff on 05/12/2020, via phone who stated facility provides food for children. Staff disclosed children are fed breakfast, lunch and dinner and snacks in between. Staff also disclosed day care is part of food program. Staff disclosed no children are on special diets, and none are in dietary food. Staff disclosed parents have never question or had concerns on food children are being fed.

LPA interviewed 2 Parents on 05/11/20, via phone. A parent disclosed that a child was constipated the week prior to 05/11/2020. Parent disclosed another parent informed that licensee had given dairy to a child. The parent also disclosed licensee fed a child Mac and cheese and pizza. Same parent disclosed at day care children are fed yogurt, waffles, beans, rice, chicken, bananas, cereal and other sorts of food. Parent disclosed own child does not have dietary needs, but a different child cannot have dairy products. A second parent was interviewed via phone, parent disclosed has never seen an injury on child. Parent did not have any concerns but will be removing child soon. As child needs to be in a better learning environment. Parent disclosed child needs a curriculum, schedule, and reinforcement. Parent disclosed had no concerns with food at day care.

Based on the statements provided by C/P, Licensee, a staff, and 2 parents interviewed, with the information gathered there is not enough evidence to substantiate Provider does not meet day-care child’s dietary needs, therefore, the allegation was found to be unsubstantiated. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation of Provider does not meet day-care child’s dietary needs, did or did not occur, therefore the allegation is Unsubstantiated.

Exit interview was conducted with Licensee Mirea Torres via Facetime. Appeal Rights was explained. A copy of appeal rights (LIC 9058 1/16) will be provided through email and their signatures on this form acknowledges receipt of these rights. (The "Read Receipt" or licensee's email is in lieu of a signature). First level appeal is to Regional Manager, address is above on the report.

End of Report

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 12/22/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/22/2020

LIC9099 (FAS) - (06/04)

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