304310410-6-19-2024-06-CC-THOO-D6FSZM-20240621141921

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304310410
Report Date: 06/19/2024
Date Signed: 06/19/2024 09:53:37 AM

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
05/02/2024 and conducted by Evaluator Archibaldo Silva

COMPLAINT CONTROL NUMBER: 06-CC-20240502101846

FACILITY NAME:	LUPERCIO, GUADALUPE		FACILITY NUMBER:	304310410
ADMINISTRATOR:	LUPERCIO, GUADALUPE		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(714) 641-4756
CITY:	SANTA ANA	STATE: CA	ZIP CODE:	92707
CAPACITY:	14	CENSUS: 6	DATE:	06/19/2024
		UNANNOUNCED	TIME BEGAN:	08:00 AM
MET WITH:	Guadalupe Lupercio		TIME COMPLETED:	10:15 AM

ALLEGATION(S):

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Child engaged in an inappropriate manner with another day care child.

INVESTIGATION FINDINGS:

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On 6/19/2024 Licensing Program Analyst (LPA) A. Silva conducted an unannounced complaint investigation inspection. This is a continuation of the investigation initiated on 5/2/2024. Upon arrival, the LPA met with Licensee Guadalupe Lupercio and informed the licensee 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 6 children.

The Department received a complaint on 5/2/2024 alleging that the parent of Child 1 (C1) reported that someone touched C1 inappropriately in the daycare.

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 06/19/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/19/2024

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-20240502101846

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: LUPERCIO, GUADALUPE	FACILITY NUMBER: 304310410
	VISIT DATE: 06/19/2024

NARRATIVE

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Interview with the complainant: On 5/6/2024, the Reporting Party (RP) stated over a phone call that the adults at the daycare had been cleared based on the C1’s statements. During an interview with C1, C1 disclosed that another child touched them inappropriately while in the restroom, according to RP. RP also informed the LPA that the case had been closed and obtaining a medical report had been deemed unnecessary.

Interview with staff: On 5/6/2024, the LPA interviewed four staff present on the day of the alleged incident. Staff 1 (S1) and Staff 3 (S3) consistently described their protocol for taking children to the restroom in separate interviews. According to S1 and S3, the protocol involves taking children to the restroom together and supervising them as they use it one at a time. Staff 1, 2, and 3 denied the allegations happened; they explained that the children are supervised by at least one adult throughout the day. Staff 4 stated they help sporadically during the week and was not present full time the day of the alleged incident; S4 could not confirm or deny the allegations.

Interview with children: On 5/6/2024, the LPA attempted to interview daycare children. The children present were nonverbal or did not qualify for an interview.

Interview with Parents: On 5/28/2024, the LPA called nine parents. The LPA reached six (6) parents. Parent 1 (P1) stated that C1 disclosed that another child touched them inappropriately at the daycare. P1 also stated that the medical professionals who examined C1 said C1 “was fine and that it did not look like anything looked like that” referring to signs of inappropriate touching. LPA asked, “what does the report say?” P1 said “I have it, but it was nothing like that.” P1 terminated the call stating they would share the report at a later time but did not return the LPA’s subsequent call. The other five (5) parents interviewed did not express any concerns about the daycare. The rest of the parents did not respond to the Department’s request for an interview.

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 06/19/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/19/2024

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20240502101846

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: LUPERCIO, GUADALUPE	FACILITY NUMBER: 304310410
	VISIT DATE: 06/19/2024

NARRATIVE

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THIS IS AN AMENDMENT OF AN ORIGINAL REPORT SIGNED ON 6/19/24.

Records Review: On 5/4/2024, the LPA received a report from the local law enforcement agency. The report documents an interview with C1 in which the child identifies C2 as the person who inappropriately touched C1 at the daycare. The report dismisses the possibility that an adult touched the child inappropriately. The medical examination report could not be obtained.

Based on the interviews conducted and records review, the preponderance of evidence standard has not been met. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is unsubstantiated.

An exit interview was conducted with Licensee Guadalupe Lupercio. 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: 06/19/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/19/2024

LIC9099 (FAS) - (06/04)

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