304312394-12-20-2022-06-CC-JHAN-CMD2BZ-20221222161555

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304312394
Report Date: 12/20/2022
Date Signed: 12/20/2022 09:47:02 AM

Unsubstantiated

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
10/12/2022 and conducted by Evaluator Carmen Odom

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20221012132836

FACILITY NAME:	HERNANDEZ, ASCBETH ESPERANZA		FACILITY NUMBER:	304312394
ADMINISTRATOR:	HERNANDEZ, ASCBETH		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(714) 415-9125
CITY:	ANAHEIM	STATE: CA	ZIP CODE:	92805
CAPACITY:	14	CENSUS: 7	DATE:	12/20/2022
		UNANNOUNCED	TIME BEGAN:	09:00 AM
MET WITH:	Ascbeth Esperanza Hernandez - Licensee		TIME COMPLETED:	10:15 AM

ALLEGATION(S):

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Licensee handled child in a rough manner.
Licensee locked child in the facility bathtroom for an extended period of time.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Carmen Odom conducted an unannounced complaint inspection to deliver the findings for the above allegation. This is a continuation of the investigation initiated on 10/18/22. LPA Odom met with Licensee, Ascbeth Hernandez, who guided LPA on tour of the facility. Census was taken and LPA observed 2 infants, 1 preschool age child and 4 school age children playing in the childcare area with 1 assistant. Assistant (Licensee's spouse) was also in the facility.
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.

The Department received a complaint on 10/12/22 alleging Licensee handled child in a rough manner and licensee locked child in the facility bathroom. The reporting party (RP) stated Child #2 (C2) and Child #3 (C3) told RP that Licensee (S1) grabbed Child #1 (C1) by the hand and locked C1 in the bathroom for over 10 minutes.
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Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Carmen Odom	TELEPHONE: (714) 703-2819
LICENSING EVALUATOR SIGNATURE:	DATE: 12/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2022

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-20221012132836

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: HERNANDEZ, ASCBETH ESPERANZA	FACILITY NUMBER: 304312394
	VISIT DATE: 12/20/2022

NARRATIVE

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During the investigation LPA interviewed Reporting Party, Licensee, 3 staff members, 6 children, 3 parents, and reviewed the Children’s roster.

During an interview on 11/15/22, Licensee (S1) disclosed there was 1 incident that occurred with C1. During nap time, C1 was laying down in between C2 and C3, C2 and C3 didn’t like that C1 was bothering them, so S1 moved C1’s mat away from C2 and C3’s mat in the childcare room. C1 began to kick and attempted to hit S1, S1 told C1 that it was not ok to hit or kick. S1 turned off the TV and the children became upset because the TV was turned off. S1 spoke with RP regarding the incident. S1 stated if a child does not listen or misbehaves, they will tell the child to sit down on the floor and let them calm down and then speak with the child. S1 denied locking C1 in the bathroom.

During the investigation LPA interviewed 3 staff members on 11/15/22 and 12/07/22. None of the staff disclosed that S1 yells or handles children in a rough manner. All the staff disclosed that S1 is very patient with the children and will talk to the children when they are not behaving. Staff #3 (S3) and Staff #4 (S4) stated if a child does not listen or misbehave, they will talk to the child and help them calm down. S4 stated they never witnessed S1 lock C1 in the bathroom as a method of discipline or any child in care.

LPA Odom interviewed 6 children on 10/18/22 and 11/22/22. All the children interviewed disclosed that the staff do not yell or hit the children in care. None of the children disclosed that S1 will lock a child in the restroom if they are not behaving. All the children disclosed, if a child is not listening or misbehaving S1 will talk to them or have them sit on the floor.

LPA Odom attempted to interview 11 parents, however only 3 parents were available for interviews. None of the parents disclosed any concerns with the childcare facility. Parent #1 (P1) disclosed that S1 is very communicative with parents and if a child does not behave S1 will talk to the child or have them sit on the floor but S1 does not yell at the children.

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SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Carmen Odom	TELEPHONE: (714) 703-2819
LICENSING EVALUATOR SIGNATURE:	DATE: 12/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2022

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20221012132836

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: HERNANDEZ, ASCBETH ESPERANZA	FACILITY NUMBER: 304312394
	VISIT DATE: 12/20/2022

NARRATIVE

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Based on LPA facility inspection, observations, interviews conducted with reporting party, licensee, 3 staff members, 6 children and records reviewed it has been determined there was insufficient evidence that licensee grabbed C1 in a rough manner and locked C1 in the restroom. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are Unsubstantiated.

Exit interview conducted and report was reviewed with the licensee Ascbeth Hernandez. A notice of site visit was given and must remain posted for 30 days.

Appeal Rights were explained. The Licensee was provided a copy of appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. First level appeals should be sent to the regional manager to the address listed above.

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Carmen Odom	TELEPHONE: (714) 703-2819
LICENSING EVALUATOR SIGNATURE:	DATE: 12/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/20/2022

LIC9099 (FAS) - (06/04)

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