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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304313619
Report Date: 11/05/2024
Date Signed: 01/09/2025 04:33:46 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 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
10/30/2024 and conducted by Evaluator Alma Castro
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20241030114018
FACILITY NAME:LOPATIN, SIMON AND LOPATIN, ALEXEYFACILITY NUMBER:
304313619
ADMINISTRATOR:LOPATIN, SIMONFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(617) 331-8588
CITY:IRVINESTATE: CAZIP CODE:
92618
CAPACITY:14CENSUS: 13DATE:
11/05/2024
UNANNOUNCEDTIME BEGAN:
09:40 AM
MET WITH:Co-Licensee, Simon LopatinTIME COMPLETED:
12:45 PM
ALLEGATION(S):
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Facility is operating out of ratio
INVESTIGATION FINDINGS:
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Page 1 of 2
*** This is the Amended Report to correct details of the report and violation section cited ***
Licensing Program Analyst (LPA) Castro and Mahnaz (Nancy) Malek conducted an investigation regarding the above allegation. LPAs met with assistant Adult # 1 (A1) in the main entrance who was supervising 12 children along with another assistant (A2) at 9:41am. Census was taken in the main daycare area. There was a total of 12 children of whom 2 were under 24 months old. The 13th child arrived during the visit at 9:46am. At 9:52am, Co-Licensee Simon Lopatin arrived. Staff acknowledged being out of ratio. The other Co-Licensee, Alexey Lopatin arrived at 10:30am. A5 arrived at 10:36 am as well.
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.
On 10/30/2024, the Orange County Child Care Office received a complaint alleging "Facility staff are operating out of ratio". According to reporting party, on 10/30/2024, 15 children were under care at the facility. (Continued on page 2.)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Nguyen K Tran
LICENSING EVALUATOR NAME: Alma Castro
LICENSING EVALUATOR SIGNATURE:

DATE: 11/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/05/2024
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 3
Control Number 06-CC-20241030114018
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: LOPATIN, SIMON AND LOPATIN, ALEXEY
FACILITY NUMBER: 304313619
VISIT DATE: 11/05/2024
NARRATIVE
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Page 2 of 2
LPA interviewed 5 adults regarding the issue of being out of ratio.
A1 stated today they have more children than usual. A2 stated today four (4) part-time children are present.
A3 admitted they were out of ratio on 10/30/2024 and there were fifteen (15) children in care. However, A3 did not notice there were 13 children today. A5 also admitted they were out of ratio last week and there were fifteen (15) children in care on 10/30/2024. They are working on rescheduling the children's days. A5 was notified there were 13 children today. S5 notified one parent to pick up the 13th child.

LPAs reviewed the Children's Roster (LIC 9040) and all children who are present were recorded on the LIC 9040. Children's files for 13 present children were reviewed, LPAs verified there were 11 children over 2 years old and 2 children under 24 months old.
California Code of Regulation Section 102416.5 Staffing Ratio and Capacity states: 102416.5 Staffing Ratio and Capacity (a) The capacity specified on the license shall be the maximum number of children for whom care may be provided at any one time.

Based on LPAs' observation on 11/05/2024, facility was operating out of ratio (providing care for 13 children without any children over the age of two, and based on interviews and record reviews, the facility was operating over capacity (provided care for 15 children when maximum capacity allowed on license was 14) on 10/30/2024. The preponderance of evidence standard has been met, the allegation of “Facility staff are operating out of ratio" is found to be SUBSTANTIATED. Type A under California Title 22 Regulations Section 102416.5 (a) Staffing Ratio and Capacity is cited on 9099D next page.

LPA Castro informed the Licensees Simon Lopatin and Alexey Lopatin that this report dated 11/05/2024 documents type A citation shall be posted for 30 consecutive days as there is immediate risks to the health, safety, or personal rights of children in care. Also, LPA Castro informed the Licensees, Simon Lopatin and Alexey Lopatin to provide a copy of this licensing report dated 11/5/2024 that documents any Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification. The Licensees Simon Lopatin and Alexey Lopatin were provided with a copy of their appeal rights (LIC 9058) 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. The exit interview was conducted with Licensees Simon Lopatin and Alexey Lopatin. Notice of Site visit was provided.
SUPERVISORS NAME: Nguyen K Tran
LICENSING EVALUATOR NAME: Alma Castro
LICENSING EVALUATOR SIGNATURE:

DATE: 11/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/05/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 06-CC-20241030114018
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: LOPATIN, SIMON AND LOPATIN, ALEXEY
FACILITY NUMBER: 304313619
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/05/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
11/06/2024
Section Cited
CCR
102416.5(a)
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102416.5 (a) Staffing Ratio and Capacity (a) The capacity specified on the license shall be the maximum number of children for whom care may be provided at any one time.
This requirment was not met evidenced by:
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During LPAs' presence, S5 called one of the parents to pick up one child so the facility stays in ratio. Additionally, the licensees agreed to send a statement with the new children's scheduling to show that the facility is staying in ratio.
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Based on observation, interviews and records reviews, facility was operating out of ratio on 11/05/2024 and was operating over capacity on 10/30/2024, which posed an immediate risk to the health, safety and personal rights of the children in care.
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The proof of correction will be sent to LPA's email address by the due date of 11/06/2024.
A flyer for a Large Family Care Home for staffing ratio was given to licensees.
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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.
SUPERVISORS NAME: Nguyen K Tran
LICENSING EVALUATOR NAME: Alma Castro
LICENSING EVALUATOR SIGNATURE:

DATE: 11/05/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/05/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 3