304313749-10-26-2022-06-CC-RLOZ-CKSVL6-20221102163123

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304313749
Report Date: 10/26/2022
Date Signed: 10/26/2022 02:44:01 PM

Unsubstantiated

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
08/12/2022 and conducted by Evaluator Nguyen K Tran

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220812114554

FACILITY NAME:	RASTEGARI, MAHIN		FACILITY NUMBER:	304313749
ADMINISTRATOR:	RASTEGARI, MAHIN		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(714) 349-7736
CITY:	ANAHEIM	STATE: CA	ZIP CODE:	92802
CAPACITY:	14	CENSUS: 7	DATE:	10/26/2022
		UNANNOUNCED	TIME BEGAN:	10:15 AM
MET WITH:	Mahin Rastegari, Licensee		TIME COMPLETED:	12:00 PM

ALLEGATION(S):

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Staff caused injury to day care child.
Staff used inappropriate discipline to day care child.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Nguyen Tran conducted an unannounced complaint visit to deliver the complaint findings. LPA met with licensee, Mahin Rastegari. Census was taken in individual classrooms. The overall census observed was 2 staff and 7 children. A review of staff criminal clearance records on this date indicates that all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 08/12/2022 a complaint was filed with the Licensing office stating Staff caused injury to daycare child and Staff used inappropriate discipline to daycare child. Complainants stated the following: the subject child’s arm got hurt while attending the facility, caused by a teacher (staff #1), which was later diagnosed as nursemaid's elbow and staff used physical force to put the child in time out.

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Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Nguyen K Tran
LICENSING EVALUATOR SIGNATURE:	DATE: 10/26/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/26/2022

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-20220812114554

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: RASTEGARI, MAHIN	FACILITY NUMBER: 304313749
	VISIT DATE: 10/26/2022

NARRATIVE

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(Page 2 of Report)

On 08/17/2020, LPA Nguyen interviewed 3 staff members and no disclosures were made by any staff members regarding the above allegations. All interviewed staff members denied of witnessing staff caused injury to daycare children or staff used inappropriate discipline to daycare children. Interviewed staff members indicated prior putting a child on thinking chair, the facility staff gave the child at least three warnings, then if the child was still having a hard time following directions, the staff asked the children to sit on thinking chair for couple of minutes (depending on their age); for example 2 years old child would sit for less than 2 minutes and 4 years old child would sit for less than 4 minutes. Interviewed staff indicated that while the child was on the thinking chair, the staff tried to get to the child level and talked to the child about behavior; asking them why they did that and solving the problems together.
Staff #3 (S3) disclosed the subject child attended the facility around June 2022 for less than 10 days, but subject child was having some challenging behaviors, such as jumping on the table, standing on the chair, pushing friends, and trying to escape from the facility. On Friday 6/24/2022, the subject child complained to the staff about arm hurting. S3 looked at subject child’s arm and did not see any bruises. S3 asked subject child what happened and subject child said dad hold subject child’s hand. S3 stated S3 verbally informed subject child’s mother on 6/24/22 about the incident when subject child was picked up in the afternoon. On Sunday 6/26/2022, S3 received an email from the subject child’s mother stating the subject child was taken to the hospital and diagnosed with “nursemaid's elbow”. S3 stated S3 was wondering why the parents would wait until Sunday 6/26/22 to take the child to the hospital when the child was complaining about arm being hurt since Friday 6/24/2022. S3 indicated due to facility was unable to meet the subject child’s needs, the facility gave the families two week notice on 06/27/2022. On 6/28/2022, the subject child’s mother decided to withdraw the subject child from facility.

On 8/17/2022, LPA Nguyen contacted six parents by phone and was able to interview three parents. All interviewed parents stated they did not have any concern with facility.
On 9/7/2022, LPA Nguyen interviewed 3 children, no disclosures were made by any children. All interviewed children stated they like their teachers.

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SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Nguyen K Tran
LICENSING EVALUATOR SIGNATURE:	DATE: 10/26/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/26/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 06-CC-20220812114554

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: RASTEGARI, MAHIN	FACILITY NUMBER: 304313749
	VISIT DATE: 10/26/2022

NARRATIVE

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(Page 3 of Report)

LPA Nguyen reviewed the medical records from the Emergency Department, and it showed the subject child was taken to the hospital on Sunday 06/26/2022 and was diagnosed with Nursemaid's elbow on the right arm.
LPA Nguyen reviewed the video footages recorded on Friday 06/24/2022. In the videos, LPA Nguyen saw a child was climbing on the fence. Staff #1 (S1) came to the child, putting S1’s hands at the child’s waist and carried the child down. LPA Nguyen did not see facility staff members including S1 pulled the child arm.

On 10/21/2022, LPA Tran and LPA Lucero conducted a collateral visit and interviewed subject child. Subject child denied that anyone, including Licensee, teachers and other children, hurt Subject child at the day care. Child did not provide any information when asked about teacher’s disciplinary actions at the facility.

Based on the information gathered from LPAs' interviews, observation, and reviewing records, there is insufficient evidence to corroborate the allegations of Staff caused injury to day care child and Staff used inappropriate discipline to day care child. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged Staff caused injury to daycare child and Staff used inappropriate discipline to daycare child did or did not occur, therefore the allegations are UNSUBSTANTIATED.

Exit interview was conducted. The Notice of Site Visit was posted. Appeal Rights was explained. A copy of appeal rights (LIC 9058 03/22) was provided. First level appeal is to Regional Manager, address is above on the report.

SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Nguyen K Tran
LICENSING EVALUATOR SIGNATURE:	DATE: 10/26/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/26/2022

LIC9099 (FAS) - (06/04)

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