304310373-1-11-2024-06-CC-ASIA-CZDVMM-20240111153347

Community Care Licensing

FACILITY EVALUATION REPORT

Facility Number: 304310373
Report Date: 01/11/2024
Date Signed: 01/11/2024 03:34:03 PM

Document Has Been Signed on 01/11/2024 03:34 PM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME:	RAMIREZ DE HERNANDEZ,YADHIRA		FACILITY NUMBER:	304310373
ADMINISTRATOR:	RAMIREZDEHERNANDEZ,YADHIRA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(714) 791-1114
CITY:	COSTA MESA	STATE: CA	ZIP CODE:	92626
CAPACITY:	14	CENSUS: 9	DATE:	01/11/2024
TYPE OF VISIT:	Case Management - Incident	UNANNOUNCED	TIME BEGAN:	01:10 PM
MET WITH:	Yadhira Ramirez de Hernandez		TIME COMPLETED:	03:45 PM

NARRATIVE
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25	On 1/11/2024 Licensing Program Analyst (LPA) A. Silva conducted an unannounced Case Management to deliver findings to an Incident that was investigated by the Department’s Investigations Bureau. Upon arrival, the LPA met with Licensee Ramirez de Hernandez, Yadhira at the facility and informed her of the purpose of the visit. The census at the time of the visit was 9 children, including 3 infants. 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 Department received an Unusual Incident Report (UIR) on 6/13/2023 stating that Child #1 (C1) disclosed to the parent that on 6/12/23 Child #2 (C2) touched her/him inappropriately while in care at the facility. On 6/14/23 the investigation was assigned to Investigator Ernestina Bellucco, at the Investigations Bureau. The UIR was investigated as: Neglect/Lack of Supervision by the licensee resulting in C1 being inappropriately touched by C2. Staff Interviews. On 6/20/23 investigator Bellucco interviewed Staff #1 (S1) about the incident. S1 confirmed caring for the daycare children while the licensee was on vacation. Based on the interview, S1 was present at the facility but was unaware of anything going on between the two children. S1 stated that Adult #1 (A1) and Adult #2 (A2) helped with care and supervision during the licensee’s absence. During the interview, the investigator observed A2 was entertaining and supervising the children.

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Archibaldo Silva	TELEPHONE: (510) 504-4954
LICENSING EVALUATOR SIGNATURE:	DATE: 01/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/11/2024

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

LIC809 (FAS) - (06/04)

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Document Has Been Signed on 01/11/2024 03:34 PM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION 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: RAMIREZ DE HERNANDEZ,YADHIRA	FACILITY NUMBER: 304310373
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/11/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Request Denied: Appeal Not Submitted Timely Type B 02/11/2024 Section Cited HSC 1597.622	1 2 3 4 5 6 7	1597.622 Employees or volunteers; immunization requirements; (a) (1) a person shall not be employed… if he or she has not been immunized against influenza, pertussis, and measles. The licensee did not meet the regulation above as evidenced by:	1 2 3 4 5 6 7	The licensee will provide proof of corrections to the LPA by the due date.
	8 9 10 11 12 13 14	Based on records review and interview, the licensee did not comply with the above regulation on 2 of 2 volunteers, which poses a potential risk to the health, safety, or personal rights of clients. The licensee did not have immunization records for A1 and A2.	8 9 10 11 12 13 14
Request Denied: Appeal Not Submitted Timely Type B 02/11/2024 Section Cited HSC1596.8662(b)(1)	1 2 3 4 5 6 7	Administration of Child Day Care Licensing. ...a childcare provider, administrator, or employee of a licensed child day care facility shall complete the mandated reporter training … The licensee did not comply with the above regulation as evidenced by:	1 2 3 4 5 6 7	The licensee will ask A1 and A2 to complete mandated reporter certification and provide proof of correction by the due date.
	8 9 10 11 12 13 14	Based on records review and interview, the licensee did not comply with the above regulation, which poses a potential risk to the health, safety, or personal rights of clients in care. The licensee stated A1 and A2 did not have a current mandated reporter certificate.	8 9 10 11 12 13 14

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: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Archibaldo Silva	TELEPHONE: (510) 504-4954
LICENSING EVALUATOR SIGNATURE:	DATE: 01/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/11/2024

LIC809 (FAS) - (06/04)

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Document Has Been Signed on 01/11/2024 03:34 PM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION 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: RAMIREZ DE HERNANDEZ,YADHIRA	FACILITY NUMBER: 304310373
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/11/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Request Denied: Appeal Not Submitted Timely Type A 01/12/2024 Section Cited CCR 102417(a)	1 2 3 4 5 6 7	102417(a) Operation of a Family Child Care Home. ... When circumstances require the licensee to be temporarily absent from the home, the licensee shall arrange for a substitute adult to care for and supervise the children. The licensee did not meet the regulation as evidenced by:	1 2 3 4 5 6 7	The licensee agrees to review Supervising Children in Family Child Care and discuss the video with assistants and volunteers at the licensed home. The licensee will provide written proof of completion to the department by the due date.
	8 9 10 11 12 13 14	Based on interviews with the licensee, S1, C1, C2, Adult1, Adult 2, and records review, the licensee did not meet the above regulation. The licensee did not ensure the children had adequate supervision which resulted in inappropriate interactions between child 1 and child 2.	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.

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Archibaldo Silva	TELEPHONE: (510) 504-4954
LICENSING EVALUATOR SIGNATURE:	DATE: 01/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/11/2024

LIC809 (FAS) - (06/04)

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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION 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: RAMIREZ DE HERNANDEZ,YADHIRA	FACILITY NUMBER: 304310373
	VISIT DATE: 01/11/2024

NARRATIVE

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On 9/19/23, the investigator Bellucco interviewed the licensee. During the interview, the licensee stated that she was out of the county and left her assistant in charge. When asked if A1 and A2 assisted in the daycare, she stated her A1 and A2 have no connection to the daycare and do not help with care or supervision. The licensee was unable to provide the census for the day of the incident. The licensee stated that she interviewed both children and that the children stated they were playing the “tickle game”. The licensee felt that the children should not be punished or humiliated for playing.

Adults Interviews
On 6/20/23 investigator Bellucco interviewed Adult #1 (A1) and Adult #2 (A2) about the incident. A1 stated that they visit the licensee up to three times a year and they stay for about a month. A1 added that on occasion the licensee travels out of the country while they visit. A1 claimed not to have seen anything concerning the day of the incident. A2 stated to have been supervising the children on 6/12/23 from a lounge chair located in the living room by the daycare area entrance. A2 stated that on the day of the incident, both C1 and C2 lay down to nap by the back door.

Parents Interviews
On 6/21/23 investigator Bellucco interviewed Parent #1 (P1). During the interview, P1 stated that on 6/12/23 C2 disclosed that an older child had touched her/his genitals and kissed her/his mouth several times. P1 returned to the daycare to inquire about the incident. According to P1, S1 said the children had not disclosed anything but corroborated that both children napped by the back door together. During the interview, P1 disclosed that the licensee said she would have a second temporary assistant during her absence. P1 asserted only one assistant was present at the daycare on the day of the incident.

Children Interviews.
On 6/20/23 investigator Bellucco interviewed C2. C2 stated they were standing by the back door while C1 touched her/him inappropriately under the clothes. C1 also stated that C2 touched her/him in the private part when they were napping by the back door. The investigator asked if C1 knew where the private part was; C1 pointed to her/his genitals. C1 stated the touching happened more than once while at the daycare and C1 said it happened about two to three times within the same day. When asked where S1 was, C2 said S1 was in the kitchen. The investigator asked C1 who was watching the children when the incident happened.

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Archibaldo Silva	TELEPHONE: (510) 504-4954
LICENSING EVALUATOR SIGNATURE:	DATE: 01/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/11/2024

LIC809 (FAS) - (06/04)

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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION 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: RAMIREZ DE HERNANDEZ,YADHIRA	FACILITY NUMBER: 304310373
	VISIT DATE: 01/11/2024

NARRATIVE

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C1 responded “we were, me and C2” and added “we were told that since we are older, we have to watch the younger children when S1 is doing something else” and “we help her when they’re napping, we pat their backs and keep them from waking up.”

On 9/14/23 investigator Bellucco interviewed C2 about the incident. During the interview, C2 disclosed that she/he “played with C1” and said, “we lay down together with C1 during relaxation time.” When asked if anything happened during relaxation time, C2 responded, “yes we played the tickling game, we were tickling each other.” C2 added, “we tickled in the private area.” The investigator asked C2 if they could point to the private area, C2 pointed to her/his genitals area and said, “this is the private area.” C2 corroborated that they were by the back door while S1 was doing household chores. No other daycare children were interviewed.
On 6/12/23 the local police department dispatched a detective to C1's home after the incident was reported. The detective interviewed C1. During the interview with the detective, C1 disclosed that all the children slept except C1 and C2. C1 also disclosed that C2 placed one hand in C1’s private area under the clothes during nap time and kissed her/him on the lips multiple times. C1 identified the genitals as the private area. Law enforcement did not pursue any further charges due to the ages of the children.

Records Review and observations
On 7/26/23, LPA Silva reviewed records obtained from the licensee. Based on the licensee’s boarding passes and an interview with the licensee, the licensee was out of the daycare for a total of 20 days between 6/9/23 and 6/28/23. Fourteen (14) of those days were weekdays in which the daycare was open and operating.

On 1/11/2024, the licensee clarified that A1 and A2 in fact help with care and supervision when they are present in the daycare. LPA requested mandated reporter and immunization records for A1 and A2. The licensee could not provide proof of current mandated reporter or immunizations records for A1 and A2 during the inspection on 1/11/24. A citation was issued (809D).

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Archibaldo Silva	TELEPHONE: (510) 504-4954
LICENSING EVALUATOR SIGNATURE:	DATE: 01/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/11/2024

LIC809 (FAS) - (06/04)

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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION 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: RAMIREZ DE HERNANDEZ,YADHIRA	FACILITY NUMBER: 304310373
	VISIT DATE: 01/11/2024

NARRATIVE

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Citations of the California Code of Regulations Title 22, Division 12, Sections 102417(a) Operation of a Family Child Care Home, HSC 1597.622 Employees or volunteers at family day care home; immunization requirements, and 1596.8662(b)(1) Administration of Child Day Care Licensing.

LPA A. Silva informed licensee Yadhira Ramirez de Hernandez that this licensing report dated 1/11/2024 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/are immediate risk(s) to the health, safety, or personal rights of children in care. LPA A. Silva further informed licensee Yadhira Ramirez de Hernandez 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, 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.

The licensee was informed that e-learning videos are available for review at https://ccld.childcarevideos.org/. The licensee agrees to review in particular “Supervising Children in Family Child Care” and discuss it with all the assistants and volunteers.

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

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Archibaldo Silva	TELEPHONE: (510) 504-4954
LICENSING EVALUATOR SIGNATURE:	DATE: 01/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/11/2024

LIC809 (FAS) - (06/04)

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