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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304312696
Report Date: 05/28/2021
Date Signed: 05/28/2021 10:56:52 AM



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
03/02/2021 and conducted by Evaluator Ryan Joseph Chan
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20210302113007
FACILITY NAME:DIZON, DIADEMAFACILITY NUMBER:
304312696
ADMINISTRATOR:DIZON, DIADEMAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(949) 609-9960
CITY:LAGUNA HILLSSTATE: CAZIP CODE:
92653
CAPACITY:14CENSUS: 5DATE:
05/28/2021
UNANNOUNCEDTIME BEGAN:
09:25 AM
MET WITH:Diadema Dizon - licenseeTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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Person smoking at the side of the house while children are present
INVESTIGATION FINDINGS:
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Tele-Investigation due to Covid-19 State of Emergency

On 05/28/21 Licensing Program Analyst (LPA), Ryan Chan conducted a Tele- investigation via Zoom to deliver the finding for an allegation stating there was a person smoking at the side of the house while children are present. LPA met with licensee, Diadema Dizon via Zoom application and guided LPA on a tour of the facility. LPA notified the licensee that due to Covid-19 and Department of Public Health (DPH) guidelines of social distancing a tele-investigation is conducted. There was a total of 5 children, 2 of the 5 were infants with 2 staff at the facility.

A review of the Facility Personnel Report Summary on 05/28/21 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.
Continued on page 2
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Ryan Joseph ChanTELEPHONE: (714) 287-0708
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2021
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 6
Control Number 06-CC-20210302113007
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: DIZON, DIADEMA
FACILITY NUMBER: 304312696
VISIT DATE: 05/28/2021
NARRATIVE
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Page 2


On 03/02/21 Orange County Child Care Office received a complaint alleging there was a person smoking at the side of the house while children are present. Reporting party (RP) reported being able to smell smoke and see smoke coming from the side of the house but could not tell who it was.

During the investigation LPA conducted interviews with 2 staff, 1 child, 4 parents, and 1 tenant of the licensee who lives at this facility and gathered pertinent documents such as the staff roster and children’s roster on 03/11/21, 03/16/21, 05/10/21, and 05/17/21. Interview with the child revealed child has not smelled or seen anyone smoking at the facility. LPA interviewed parents, 4 of 4 parents interviewed are happy with the care and supervision provided and did not disclose any concerns, parents were also happy with the overall facility grounds and did not disclose a smell of smoke.

LPA interviewed staff, 2 of 2 staff stated staff do not smoke. Licensee stated she has a tenant who smokes but has a verbal agreement with her tenant never to smoke when children are present. Licensee states tenant is a live-in care giver and only comes home on weekends when children are not at the facility. Licensee states when children are not present tenant smokes on the side yard of the house, the backyard, the front yard, or will go for a walk around the neighborhood to smoke. The backyard is designated as an area accessible to children in care. LPA interviewed tenant who states she comes home Fridays in the afternoon and sometimes there is 1 or 2 children still in care, she leaves Sunday night or early Monday morning around 6am before this facility opens for childcare. Tenant states she does not interact with the children when she gets home early if children are still there. Tenant states she has a verbal agreement with licensee never to smoke when children are present. When children are not at the facility tenant smokes in the side garden, inaccessible to children in care.

Continued on page 3
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Ryan Joseph ChanTELEPHONE: (714) 287-0708
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 06-CC-20210302113007
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: DIZON, DIADEMA
FACILITY NUMBER: 304312696
VISIT DATE: 05/28/2021
NARRATIVE
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Page 3

Based on LPA’s interviews conducted the licensee failed to ensure the smoking of tobacco in a private residence that is licensed as a family day care home shall be prohibited in the home and in those areas of the family day care home where children are present. This requirement was not met as evidenced by interviews with licensee stating tenant smokes in the backyard which is accessible to children in care. Therefore, the preponderance of evidence standard has been met, therefore the above allegation a person was smoking on the side of the house while children are present is found to be SUBSTANTIATED. California Health and Safety Code Section 1596.795(a) is being cited on the attached LIC 9099D.

§1596.795 Smoking; ordinance enforcement
(a) The smoking of tobacco in a private residence that is licensed as a family day care home shall be prohibited in the home and in those areas of the family day care home where children are present. Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care home if the ordinance is more stringent than this section.

An exit interview was conducted. Appeal Rights were 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.
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Ryan Joseph ChanTELEPHONE: (714) 287-0708
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 06-CC-20210302113007
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: DIZON, DIADEMA
FACILITY NUMBER: 304312696
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/28/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
06/04/2021
Section Cited
HSC
1596.795(a)
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Health and Safety Code 1596.795 Smoking; ordinance enforcement
(a) The smoking of tobacco in a private residence that is licensed as a family day care home shall be prohibited...Nothing in this section shall prohibit a city or county from enacting ...more stringent than this section.
This requirement was not met as evidenced by:
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Licensee will have tenant sign a written contract not to smoke on facility grounds. Licensee will proved LPA with a copy of signed contract.
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Based on LPA interview with licensee, licensee states her tenant smokes in the backyard and poses a potential risk to the health and safety of children in care
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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: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Ryan Joseph ChanTELEPHONE: (714) 287-0708
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2021
LIC9099 (FAS) - (06/04)
Page: 4 of 6
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
03/02/2021 and conducted by Evaluator Ryan Joseph Chan
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20210302113007

FACILITY NAME:DIZON, DIADEMAFACILITY NUMBER:
304312696
ADMINISTRATOR:DIZON, DIADEMAFACILITY TYPE:
810
ADDRESS:25052 MAWSON DRIVETELEPHONE:
(949) 609-9960
CITY:LAGUNA HILLSSTATE: CAZIP CODE:
92653
CAPACITY:14CENSUS: 5DATE:
05/28/2021
UNANNOUNCEDTIME BEGAN:
09:25 AM
MET WITH:Diadema Dizon - licenseeTIME COMPLETED:
11:00 AM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Staff yell at children in care
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
Tele-Investigation due to Covid-19 State of Emergency

On 05/28/21 Licensing Program Analyst (LPA), Ryan Chan conducted a Tele- investigation via Zoom to deliver the finding for an allegation staff yell at children in care. LPA met with licensee, Diadema Dizon via Zoom application and guided LPA on a tour of the facility. LPA notified the licensee that due to Covid-19 and Department of Public Health (DPH) guidelines of social distancing a tele-investigation is conducted. There was a total of 5 children, 2 of the 5 were infants with 2 staff at the facility.

A review of the Facility Personnel Report Summary on 05/28/21 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.
Continued on page 2
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Ryan Joseph ChanTELEPHONE: (714) 287-0708
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2021
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 06-CC-20210302113007
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: DIZON, DIADEMA
FACILITY NUMBER: 304312696
VISIT DATE: 05/28/2021
NARRATIVE
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Page 2

On 03/02/21 Orange County Child Care Office received a complaint with an allegation stating staff yell at children. Reporting party (RP) states hearing staff yell at children and although RP could not understand what was being said RP felt uneasy. RP added being able to hear what the RP described as distressed crying coming from children.

During the investigation LPA conducted interviews with 2 staff, 1 child, 4 parents, and 1 tenant of the licensee who lives at this facility and gathered pertinent documents such as the staff roster and children’s roster on 03/11/21, 03/16/21, 05/10/21, and 05/17/21. LPA interviewed parents, 4 of 4 parents interviewed are happy with the care and supervision provided and did not disclose any concerns, parents were also happy with the overall facility grounds. Interview with the child revealed staff do not yell at the children. Child adds staff are nice to the children and child felt safe at the facility. LPA interviewed staff, 2 of 2 staff stated they don’t yell at children but if the children are loud, staff need to raise their voices in order to talk over children to get their attention. LPA reminded the licensee there are other ways to get children’s attention like walking up to them and getting down to their level and speaking to the children about using inside voices. There are conflicting statements made by parties interviewed.

Based on LPA's interviews conducted with 2 staff, 1 child, 4 parents, and 1 tenant of the licensee who lives at this facility, there was not enough evidence to substantiate the allegation that staff yell at children, therefore, the allegation was found to be unsubstantiated. This agency has investigated the complaint alleging staff yell at children; although the allegation may have happened or is valid, there is not enough preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED.

An exit interview was conducted. Appeal Rights were 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.
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Ryan Joseph ChanTELEPHONE: (714) 287-0708
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2021
LIC9099 (FAS) - (06/04)
Page: 6 of 6