304313126-9-14-2021-06-CC-PMAA-C8CQD3-20211101120403

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304313126
Report Date: 09/14/2021
Date Signed: 09/14/2021 02:33:51 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
09/10/2021 and conducted by Evaluator Mahnaz Malek

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20210910152824

FACILITY NAME:	RAD, SAEEDEH		FACILITY NUMBER:	304313126
ADMINISTRATOR:	RAD, SAEEDEH		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(949) 293-0138
CITY:	MISSION VIEJO	STATE: CA	ZIP CODE:	92691
CAPACITY:	14	CENSUS: 6	DATE:	09/14/2021
		UNANNOUNCED	TIME BEGAN:	09:00 AM
MET WITH:	Licensee		TIME COMPLETED:	12:30 PM

ALLEGATION(S):

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Licensee is not following COVID-19 protocol

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted an investigation regarding the above allegation of " Licensee is not following Covid-19 protocol". " LPA met with licensee, Saeedeh Rad. The Covid-19 Emergency Response questionnaire was reviewed and answered by the licensee before entering the facility. LPA toured the facility. Census was taken. There were a total of 6 children of whom one was under 2 years of age. 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. Our office has received an anonymous complaint report regarding the allegation of " Licensee is not following Covid-19 protocol". According to complaint report, Beyond Alphabets Preschool, the above licensed daycare provider has a picture in social media on the Instagram page showing an adult without a mask in this child care facility, with 6 children on 9/10/2021. No-one in the picture is wearing a mask. .
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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 09/14/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/14/2021

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-20210910152824

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: RAD, SAEEDEH	FACILITY NUMBER: 304313126
	VISIT DATE: 09/14/2021

NARRATIVE

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Today LPA discussed the allegation with licensee regarding a picture of children and one adult without wearing a mask posted on social media. The licensee stated she was not allowing any vitiators in her house during Covid-19 but she started having visitors at her house recently. Last week she invited a visitor coming to her house to read a book to children. She said her protocol is to take shoes off, wear mask, and wash hands. She stated the adult in the picture had a mask on upon arrival to her house. Due to reading to children and understanding the reader better, the mask was taken off. The licensee admitted that the children were not wearing masks in that picture. She showed LPA that children have their own masks in their cubbies. She stated they put them on and off during the day. LPA observed 5 children over two years old present. Among them only one child was wearing a mask. Licensee was wearing a mask when LPA arrived. LPA asked the licensee if she was receiving Provider Information Notices (PINs) and quarterly updates from our Department. She stated she was. LPA also interviewed 4 qualified children. They stated their masks are kept at home and they don't wear mask at the childcare facility.
During inspection, the licensee was informed that she needed to remind children wear their masks when 6 foot physical distance from others cannot be maintained. All 6 children were playing in a small room with each other. This requirement was sent to all the childcare providers by different Provider Information Notices (PINs) from the Department. The Orange County Childcare ordinance stated masks were required for children over 2 years old who attend the childcare facilities.
The Guidance for Childcare Industry Covid-19 update guidance: Child care Programs and providers July 17, 2020 stated: children aged 2 years and older should wear face coverings, especially when indoors or when 6 foot physical distance from others cannot be maintained.
Guidance for the use of face coverings took effect on June 15, 2021 and superseded all prior face guidance.
It stated: The following individuals are exempt from wearing masks at all times: persons younger than 2 years old, persons with medical conditions. In this facility children did not wear face coverings while in care as required by the CA Dept. of Public Health Guidance on the use of face coverings on children issued June 18,2020 and updated November 16, 2020 and an individual mask exception did not apply.
Statewide Face Covering guidance, CDHP Guidance for Facial Coverings – (Updated June 4th, 2021) Federal Guidance on Face Masks: CDC Facial Covering Guidance:
This guidance supersedes prior COVID-19 guidance in the COVID-19 Update Guidance: Child Care Program and Providers dated July 17, 2020.
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SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 09/14/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/14/2021

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20210910152824

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: RAD, SAEEDEH	FACILITY NUMBER: 304313126
	VISIT DATE: 09/14/2021

NARRATIVE

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Licensees and other child care providers should continue to follow COVID-19 requirements and guidance in all applicable California Department of Social Services (CDSS) and Community Care Licensing (CCL) Provider Information Notices (PIN), in addition to guidance or requirements from California Department of Public Health (CDPH), California Department of Industrial Relations Division of Occupational Safety & Health (Cal/OSHA), and local public health departments, as applicable to the particular facility.
If there are differing requirements between the most current CDPH, CCL, Cal/OSHA, and local health department guidance or health orders, licensees and providers should follow the strictest requirements. Implementation of this guidance should be adapted for the setting in which you provide care and may require training and support for staff and adequate consideration of children and family needs.
Follow the guidance for the childcare industry to minimize the spread of COVID-19.

Based on LPA's interviews which were conducted with licensee, and total of 4 qualified children, LPA's observation today that 4 children were not wearing masks, and the picture posted on social media that no children had masks in the childcare facility, the preponderance of evidence standard has been met, therefore the allegation of “Licensee is not following the Covid-19 protocol" due to children not wearing masks is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter 12, Section 102423(a)(2) is being cited on the attached LIC 9099D.

Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted with licensee.

This report ends here.

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 09/14/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/14/2021

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20210910152824

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: RAD, SAEEDEH	FACILITY NUMBER: 304313126
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/14/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 09/14/2021 Section Cited CCR 102423(a)(2)	1 2 3 4 5 6 7	Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following: To receive safe, healthful, and comfortable accommodations, furnishings, and	1 2 3 4 5 6 7	This deficiency was corrected during inspection. Licensee had children put their masks on. The licensee stated she would have children wear mask when they are indoors. She also stated she would use the outdoor space more often during the
	8 9 10 11 12 13 14	equipment. The children did not wear face coverings while in the facility as required by the CA Dept. of Public Health Guidance on the use of face coverings on children issued June 18,2020 and updated November 16, 2020 and an individual mask exception did not apply. This is a potential risk to the health and safety of children in care.	8 9 10 11 12 13 14	day if the weather permits since masks are not required on children and adults when they are in outdoor.
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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 Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 09/14/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/14/2021

LIC9099 (FAS) - (06/04)

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