304312854-1-20-2021-06-CC-JHAN-BXGQ4A-20210121104958

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304312854
Report Date: 01/20/2021
Date Signed: 01/20/2021 02:35:06 PM

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
09/24/2020 and conducted by Evaluator Cindy Nguyen

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20200924110404

FACILITY NAME:	JAVANMASHMOOL, MARYAM & AFSHAR, HALEH		FACILITY NUMBER:	304312854
ADMINISTRATOR:	JAVANMAHMOOL, M & AFSHAR,		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(949) 607-9396
CITY:	MISSION VIEJO	STATE: CA	ZIP CODE:	92691
CAPACITY:	14	CENSUS: 10	DATE:	01/20/2021
		UNANNOUNCED	TIME BEGAN:	01:15 PM
MET WITH:	Licensee, Javanmashmool, Maryam		TIME COMPLETED:	02:30 PM

ALLEGATION(S):

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Lack of supervision resulting in daycare child being hit by other daycare children.
Staff hit daycare child.
Licensee inappropriate form of discipline.

INVESTIGATION FINDINGS:

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Tele-Inspection due to COVID-19 State of Emergency

Licensing Program Analyst (LPA) Cindy Nguyen conducted an unannounced tele-inspection to investigate the above allegations. This is a continuation of the investigation initiated on 10/05/2020 by LPA Chan. LPA met with licensee Maryam Javanmashmool via FaceTime who guided LPA on tour of the facility. Present at the time of the inspection were the licensees and 10 children, with 3 of the 10 children being infants. During today's inspection staffing and capacity ratios were being met. A review of staff criminal clearance records on this date indicates all facility residents, staff, or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 09/24/2020 a complaint was filed with the Licensing Office. Complainant alleged lack of supervision resulting in daycare child being hit by another daycare children, licensee inappropriate form of discipline, staff hit daycare child. Continued on Page 9099C-1

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Cindy Nguyen	TELEPHONE: (714) 296-3608
LICENSING EVALUATOR SIGNATURE:	DATE: 01/20/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/20/2021

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-20200924110404

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: JAVANMASHMOOL, MARYAM & AFSHAR, HALEH	FACILITY NUMBER: 304312854
	VISIT DATE: 01/20/2021

NARRATIVE

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Page 9099C-1

During the investigation LPA conducted 2 physical inspections via tele-inspection, interviewed staff members, children, and parents, obtained copies of the facility Children’s Roster and discipline policy. The child (C1) disclosed that other children hit C1 and C1 hits them back. C1 also stated that a staff hits C1 with a blanket, and that C1 cries when hit with the blanket. Complainant also alleged that the daycare facility staff are frequently seen another child in long “time-outs" and this child has been seen "crying and in distress" when in timeout.

Staff #1 (S1) stated the discipline procedures for 2 to 3-year old would be to sit in their pack and play. For children over 3 years old would be to sit in a chair. The length of time a child would be in time out would vary between 2 to 5 minutes depending on the child’s age. S1 stated that after the timeout the children would apologize to each other to reconcile. Staff denied any child is left in time out for long periods of time. S1 stated the term "bad" is not used, instead the term "naughty" is used. (S1) stated C1 had behavioral difficulties prior to being admitted into the childcare. S1 stated part of the difficulties was because C1 did not speak English. S1 added the C1 was not getting along with younger sibling at home or at the facility. S1 observed C1 be aggressive with younger sibling. S1 added C1 would push and bite other children in care and would become angry if C1 did not get what C1 wanted.

Staff #2 (S2) stated C1 did not speak English but both S1 and S2 helped C1 with English, along with teaching C1 how to get along with other children. S2 stated C1 would cry and scream if C1 did not get what C1 wanted. Other children would hold their ears due to child screaming. C1 would grab from other children rather than asking. C1 did not want to be touched by other children. S2 stated child would push and hit other children. C1 not want to hold spoon and wanted to be spoon fed. S2 stated discipline procedure for C1 was time out for 2 to 3 minutes in the porta-crib.

S1 addressed the incident about the blanket stating S1 did not know where the allegation came from. S1 stated staff “make waves” with the blankets. This is when a child holds one end of a sheet and shake it in an up and down motion to make waves. While being interviewed, S2 described the incident where child was hit by a blanket. Licensee stated she was changing an infant and children were playing behind her, staff turned and accidentally grazed child on the shoulder.
Continued on Page 9099C-2

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Cindy Nguyen	TELEPHONE: (714) 296-3608
LICENSING EVALUATOR SIGNATURE:	DATE: 01/20/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/20/2021

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20200924110404

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: JAVANMASHMOOL, MARYAM & AFSHAR, HALEH	FACILITY NUMBER: 304312854
	VISIT DATE: 01/20/2021

NARRATIVE

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Page 9099C-2

All parents interviewed stated the licensees are great, very communicative. Parents were aware the discipline procedure is time out. No parent expressed any concerns about care and supervision or discipline practices. In the interviews conducted the children, the children stated they like their day care, the licensee, and co-licensee. One child stated when children don’t listen, they go to time out for a little while to think about what they did, and then they apologize and go back to play again. Some children could not be interviewed due being non-verbal.

Based on LPA observations, review of discipline policy, and interviews which were conducted, the preponderance of evidence was not met, therefore the above allegations are found to be UNSUBSTANTIATED. Although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegations are UNSUBSTANTIATED.

An exit interview was conducted with the licensee, Maryam Javanmashmool via tele-inspection on this date. Appeal Rights were reviewed and explained. A copy of this report and Appeal Rights (LIC 9058 1/16) were emailed to the licensee. First level appeals should be sent to the Regional Manager to the address listed above. The licensee will email a received acknowledgement as her signature for this report due to the tele-inspection delivery by typing, “I have read and received the Investigation Report, I acknowledge receipt” in the subject line of the return email.

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Cindy Nguyen	TELEPHONE: (714) 296-3608
LICENSING EVALUATOR SIGNATURE:	DATE: 01/20/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/20/2021

LIC9099 (FAS) - (06/04)

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