304313619-2-25-2022-06-CC-RLOZ-CC7RSX-20220304121728

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304313619
Report Date: 02/25/2022
Date Signed: 02/25/2022 03:12:39 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
02/17/2022 and conducted by Evaluator Mahnaz Malek

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220217084708

FACILITY NAME:	LOPATIN, SIMON		FACILITY NUMBER:	304313619
ADMINISTRATOR:	LOPATIN, SIMON		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(617) 331-8588
CITY:	IRVINE	STATE: CA	ZIP CODE:	92618
CAPACITY:	14	CENSUS: 10	DATE:	02/25/2022
		UNANNOUNCED	TIME BEGAN:	12:15 PM
MET WITH:	Maria Onofre		TIME COMPLETED:	02:30 PM

ALLEGATION(S):

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Licensee is not following COVID-19 protocol
Licensee is not present in the FCCH as required by CCL FCCH regulation

INVESTIGATION FINDINGS:

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On 2/25/22 Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation regarding the above allegations that had started on 2/22/22. LPA met with Academic Supervisor, Maria Onofre. The Covid-19 Emergency Response questionnaire was reviewed and answered. LPA took census. There were a total of 10 children of whom one was under 2 years old and 9 were over 2 years old. There were a total of 4 staff observed excluding Maria Onofre. The licensee, Simon Lopatin was not present. 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 regarding the above allegations. The report stated Covid guidelines are not followed due to the lack of transparency by the licensee and staff. Report also stated the name of the licensee was not heard as licensee. Report stated there are other names as contact for the facility but not the licensee's name.
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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: 02/25/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/25/2022

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-20220217084708

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: LOPATIN, SIMON	FACILITY NUMBER: 304313619
	VISIT DATE: 02/25/2022

NARRATIVE

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On Tuesday 2-22-2022 LPA arrived at this Family Childcare Home. The licensee, Simon Lopatin was not present. LPA spoke with licensee over the phone who stated being out of town for the week. The licensee admitted having a part time job and working remotely from home. Licensee stated If there is a positive case, they do let the parents know. Staff # 2 has done communications with parents through an electronic app.
LPA interviewed the available staff who were present on the day of 2-22-2022.

Staff # 2 confirmed that the licensee lives in the house but is out of town for the week due to having a part time job, and working remotely. Staff # 2 stated they notify the parents if there is a Covid case. The tested positive person should stay home and quarantine. Staff # 2 stated two staff were tested positive and stayed home and came back with negative result. One day care child was tested positive and was not at the facility. The facility did not report the cases to the Local Health Department and our office as they are supposed to by Covid guidelines. Staff # 3 stated licensee lives here but is out of town for the rest of the week. Licensee travels for his work. Staff # 3 is aware two staff and one day care child tested positive but did not report it to LPHD and our office as part of following the Covid guidelines, Staff # 4 stated Licensee does not live here and has not seen him. One day care child and one staff tested positive to Covid but they quarantined at home. Staff # 5 stated they follow the Covid guidelines but did not confirm if ever saw the licensee. Staff # 6 disclosed remembering one staff and one day care child tested positive but were not present at the facility during quarantining. Staff # 6 and staff # 7 did not confirm knowing the licensee. Staff # 7 was not aware if anybody tested positive but stated observed staff being out not knowing the reason of them being out.

LPA contacted 7 parents over the phone. Five parents responded that the facility is following the Covid guidelines. Parent # 1 stated the facility communicates regarding Covid and the main contact of the facility is not the licensee and parent # 1 never met the licensee. Parent # 2 disclosed they get notified if a child is tested positive. Parent # 2 does not know who lives in the house but thinks the licensee is the contact for payments. Parent # 3 acknowledged being notified a day care child tested positive and not knowing who lives in the house and seeing 3 staff but not the licensee.

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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: 02/25/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/25/2022

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20220217084708

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: LOPATIN, SIMON	FACILITY NUMBER: 304313619
	VISIT DATE: 02/25/2022

NARRATIVE

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Parent # 4 disclose that the licensee is not the contact person. Parent # 5 acknowledged seeing 3 staff and the communication is through an App.

Based on the interviews conducted with the licensee, 7 other staff, and interviews with 5 parents including 2 attempts for 2 other parents, and reviewing some documents, LPA found out that the facility is not following the Covid guidelines by not reporting the positive cases to the Public Health Department and Community Care Licensing as reporting requirements. One of the Covid protocol is reporting Covid tested positive of staff and children to the Health Department and Community Care Licensing. The facility failed to report the Covid tested positive for two staff and one day care child to the Health Department and Community Care Licensing. LPA also concluded that the licensee, Simon Lopatin has not been present at the Family Childcare Home during operation of the day care hours as it was required by Family Childcare Hone Regulations.

Based on the interviews which were conducted with 8 staff, 7 parents, and reviewing some documents, the preponderance of evidence standard has been met, therefore the allegations of “Licensee is not following COVID-19 protocol" and Licensee is not present in the FCCH as required by CCL FCCH regulation" are found to be SUBSTANTIATED.

Health & Safety Code 1597.467(c) under reporting requirement and California Code of Regulations, Title 22, Division & Chapter 12, Section 102417(a) Operation of Family Childcare Home and are 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 Academic Supervisor, Maria Onofre.

End of reports.

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 02/25/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/25/2022

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20220217084708

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: LOPATIN, SIMON	FACILITY NUMBER: 304313619
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/25/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 03/01/2022 Section Cited HSC 1597.467(C)	1 2 3 4 5 6 7	Any unusual incident or child absence that threatens the physical or emotional health or safety of any child." This requirement was not met as evidenced by interviewing staff, and reviewing the documents in the Department's computer system that the facility had Covid tested positive for two staff and one day care	1 2 3 4 5 6 7	The licensee will provide a declaration/plan stating they are aware that any Covid tested positive for day care children and day care staff shall be reported to both Local Public Health Department and Community Care Licensing Office. ALso Maria Onofre agreed to call the Local Public Health Department and
	8 9 10 11 12 13 14	child. Licensee failed to report the Covid cases to the Public Local Health Department and our Department as it was required by Regulations. This is a potential risk to the health and safety of children in care.	8 9 10 11 12 13 14	Community Care Licensing the past Covid positive cases by the due date of 3/1/22.
Type B 03/01/2022 Section Cited CCR 102417(a)	1 2 3 4 5 6 7	Operation of a Family Child Care Home The licensee shall be present in the home and shall ensure that children in care are supervised at all times. When circumstances require the licensee to be temporarily absent from the home, the licensee shall arrange for a substitute adult...................Temporary	1 2 3 4 5 6 7	Licensee will provide a declaration/plan to the department ensuring licensee will be present at the home during operation hours for at least 80 percent of the time during the day. Proof will be sent to LPA's email address by the due date of: 3/1/22
	8 9 10 11 12 13 14	absences shall not exceed 20 percent of the hours that the facility is providing care per day. This requirement was not met as evidenced by interviewing 7 adults and 5 parents and Licensee's admission having outside part time employment. This poses a potential risk to the health and safety of the children in care.	8 9 10 11 12 13 14

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: 02/25/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/25/2022

LIC9099 (FAS) - (06/04)

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