304310914-6-8-2022-06-CC-THOO-CFFM74-20220616092054

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304310914
Report Date: 06/08/2022
Date Signed: 06/08/2022 11:33:42 AM

Substantiated

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
03/30/2022 and conducted by Evaluator Stacy Torrence

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220330152930

FACILITY NAME:	THOMAS, LINDA		FACILITY NUMBER:	304310914
ADMINISTRATOR:	THOMAS, LINDA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(949) 240-6589
CITY:	CAPISTRANO BEACH	STATE: CA	ZIP CODE:	92624
CAPACITY:	14	CENSUS: 13	DATE:	06/08/2022
		UNANNOUNCED	TIME BEGAN:	10:40 AM
MET WITH:	Linda Thomas, Licensee		TIME COMPLETED:	11:40 AM

ALLEGATION(S):

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Licensee is not spending a sufficient amount of time at the facility.

INVESTIGATION FINDINGS:

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On 06/08/2022, Licensing Program Analyst (LPA) Stacy Torrence conducted an in-person inspection to deliver the findings regarding the above complaint allegation. Upon arrival, there were three assistants present, supervising 13 children. Licensee, Linda Thomas arrived 20 minutes after LPA arrived at the facility. A review of staff criminal clearance 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.

On 03/30/2022, Licensing office received a complaint alleging the following: licensee is not spending a sufficient amount of time at the facility. Reporting Party (RP) reported a licensee has opened a new school on private land with no license. RP stated licensee teaches full time at the new daycare with no licensee, while licensee’s home daycare is being run by staff.

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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 06/08/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/08/2022

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-20220330152930

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: THOMAS, LINDA	FACILITY NUMBER: 304310914
	VISIT DATE: 06/08/2022

NARRATIVE

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During the course of the investigation, LPA Torrence interviewed licensee. Licensee stated a couple of friends started a home school support program and play group, for parents and children at another location. Licensee stated the program is designed to teach parents on how to home school their children, the program also has a play group. Licensee stated the program is not a private school. Licensee disclosed she goes to the program two days out of the four days to this facility to teach the teachers and parents on subject, such as child development, children songs, children stories, gardening, nature and creative play. Licensee stated while parents at the other location are learning, the children are participating in the play group outside. Licensee stated her daycare operation hours are; Tuesday-Friday; 9:00 a.m.-1:00 p.m. Licensee stated she leaves the daycare between 9:30 a.m. and 10:00 a.m., returning around 1:15 p.m., on Tuesdays and Fridays. Licensee stated she believes she’s at the other program for about 3 hours, and 1.5 hours at the daycare on those days. Licensee stated the daycare is operated by the three assistants and there is an average of 12 children present daily.

During the course of the investigation, LPA Torrence interviewed two assistants. Assistant 1 (A1) stated licensee is at the daycare on Tuesdays and Fridays all day, then on Wednesday and Thursday she leaves around 10:00 a.m. and come back around 1:15 p.m. A1 stated licensee goes to teach the kids and parents at a home-schooling program for preschool children. Assistant 2 (A2) stated A2 knows licensee help out with a program, but do not know a lot about it. A2 stated licensee is at the daycare all day on Tuesdays and Fridays, and other days she leaves and run errands to get supplies. A2 stated licensee is gone for 1 or 2 hours on Tuesdays and Fridays.

During the course of the investigation, LPA Torrence was able to interview one child. There was no disclosure made by interviewed child. LPA Torrence was unable to interview other children as they were not qualified.

04/19/2022 LPA was able to interview three parents. Interviewed parents stated they had no issues or concerns, nor complaints about the day care.

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SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 06/08/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/08/2022

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20220330152930

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: THOMAS, LINDA	FACILITY NUMBER: 304310914
	VISIT DATE: 06/08/2022

NARRATIVE

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After interviewing the licensee and licensee’s assistants, LPA Torrence discovered licensee is absent from the daycare a little over three hours, two days out of the four days of operation. Therefore, licensee is absent from the daycare more than 20 percent of the hours that the facility is operating. According to calculation, licensee’s facility operates four hours each day and 20 percent of four hours is 48 minutes; hence, licensee shall only be absent from the daycare for 48 minutes during operation hours.

Based on LPAs interviews conducted with licensee and two assistants, the preponderance of evidence standard has been met, therefore 102417(a) Operation of Family Child Care Home allegation is found to be substantiated. California Code of Regulations, Title 22, Division & Chapter 12, is being cited on the attached LIC 9099D.

Exit interview was conducted. The Notice of Site Visit was posted. 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. First level appeal is to Regional Manager, address is above on the report.

End of Report

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 06/08/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/08/2022

LIC9099 (FAS) - (06/04)

Page: 4 of 4

Control Number 06-CC-20220330152930

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: THOMAS, LINDA	FACILITY NUMBER: 304310914
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 06/08/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 06/15/2022 Section Cited CCR 102417(a)	1 2 3 4 5 6 7	102417(a) Operation of Family Child Care Home. The licensee shall be present in the home and shall ensure that children in care are supervised at all times. Temporary absences shall not exceed 20 percent of the hours that the facility is providing care per day.	1 2 3 4 5 6 7	Per licensee, she will submitt in writing statement indicating how she plans to be at the facility a sufficient amount of time by POC due date 06/15/2022.
	8 9 10 11 12 13 14	This requirement is not met as evidenced by: Based on LPAs interviews with licensee and two assistants, it was disclosed that licensee is absent from the daycare a little over three hours, two days out of the four days of operation. Therefore, licensee is absent from the daycare more than 20 percent of the hours that the facility is operating. This poses a potential risk to the health and safety of 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.

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 06/08/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/08/2022

LIC9099 (FAS) - (06/04)

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