304313540-2-12-2021-06-CC-JHAN-BYH34N-20210222165522

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304313540
Report Date: 02/11/2021
Date Signed: 02/12/2021 09:10:57 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
06/19/2020 and conducted by Evaluator Mila Quinto

COMPLAINT CONTROL NUMBER: 06-CC-20200619145754

FACILITY NAME:	BENSON, MARINA		FACILITY NUMBER:	304313540
ADMINISTRATOR:	BENSON, M & LISNYAK, I		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(949) 606-5814
CITY:	LAGUNA HILLS	STATE: CA	ZIP CODE:	92653
CAPACITY:	14	CENSUS: 11	DATE:	02/11/2021
		UNANNOUNCED	TIME BEGAN:	01:30 PM
MET WITH:	Marina Benson, licensee		TIME COMPLETED:	03:15 PM

ALLEGATION(S):

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Licensee did not make medication inaccessible to children
Staff do prevent children from engaging in aggressive physical altercations.

INVESTIGATION FINDINGS:

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***Tele-Inspection***

Licensing Program Analyst (LPA), Mila Quinto conducted a tele- investigation via FaceTime to deliver the finding regarding personal rights. Today is a follow up inspection to the 07/27/2020 initial inspection visit. LPA met with licensee, Marina Benson, via facetime application. LPA notified licensee that due to Covid-19 and Department of Public Health (DPH) guidelines of social distancing, a tele investigation is conducted. The Covid-19 Emergency Response questionnaires were asked. There was a total of 11 children in care.

A review of the Facility Personnel Report Summary on 2/11/21 indicates facility residents, staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions. There are presently 2 adults including the licensee and 1 child living in the home.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mila Quinto	TELEPHONE: (714) 293-6471
LICENSING EVALUATOR SIGNATURE:	DATE: 02/11/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/11/2021

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-20200619145754

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: BENSON, MARINA	FACILITY NUMBER: 304313540
	VISIT DATE: 02/11/2021

NARRATIVE

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On 6/19/20, Orange County Child Care Office received complaint allegations that (1) medication was accessible to children and (2) staff do prevent children from engaging in aggressive physical altercations. It was alleged that medication is stored in the child’s bag which is accessible to the children in care, and the staff don’t intercede, and encourage, children to bite, hit, and kick each other, as well as to allow one child to take toys away from another child.

(1) During the investigation on July 27, 2020, LPA, Quinto interviewed licensee Marina Benson via facetime. A review of the children’s roster and records were also conducted. During the interview the licensee stated medication is provided by the parent at the time of enrollment to be administered only if a medical need arises. The licensee stated all medications are stored with the first aid kit in the kitchen and inaccessible to children in care. The parent was also interviewed and confirmed verbal instructions was provided to the licensee. The parent was not able to confirm where the medication is stored at the day care facility.
(2) LPA interviewed licensee regarding children engaging in aggressive physical behavior. Licensee stated when children engaged in physical behavior, they do not use any form of punishment; instead licensee or licensee’s assistant will speak to the child in a calm gentle manner and explain proper behavior. The 4 out of 6 parents interviewed had provided positive feedback on the care provided to their child. They expressed licensee communicates with them throughout the day and has not encountered any issues. The assistant and children could not interview due to language skills, in that the only spoke Russian.

Based on the information gathered from LPAs' interviews, there is insufficient evidence to corroborate the allegations. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the allegations of medication was accessible to children and staff did not prevent children from engaging in physical altercations, therefore the allegations are unsubstantiated.

Exit interview was conducted.

The Notice of Site Visit was not posted due to tele-investigation Covid-19 State of Emergency. 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.

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mila Quinto	TELEPHONE: (714) 293-6471
LICENSING EVALUATOR SIGNATURE:	DATE: 02/11/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/11/2021

LIC9099 (FAS) - (06/04)

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