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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304313974
Report Date: 04/11/2023
Date Signed: 04/11/2023 12:58:31 PM

Substantiated


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
02/01/2023 and conducted by Evaluator Patricia Duron
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20230201085046
FACILITY NAME:WALDMAN, CINDYFACILITY NUMBER:
304313974
ADMINISTRATOR:WALDMAN, CINDYFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(949) 505-3559
CITY:LAGUNA NIGUELSTATE: CAZIP CODE:
92677
CAPACITY:14CENSUS: 9DATE:
04/11/2023
UNANNOUNCEDTIME BEGAN:
11:00 AM
MET WITH:Cindy Waldman Licensee TIME COMPLETED:
12:30 PM
ALLEGATION(S):
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Facility is unsafe
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Patricia Duron conducted an unannounced complaint visit to deliver the complaint findings. LPA met with Licensee, Cindy Waldman. Census was taken. The overall census observed was 2 staff and 2 parent volunteers with 9 preschool 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 2/1/23 a complaint was filed with the Licensing office stating facility is unsafe. RP stated the facility is unsafe for children due to homemade ziplines, multiple rope swings, multiple playsets that are not properly secured to the ground, broken fences and lack of landscaping.

During the course of investigation, LPA interviewed 2 staff members, and 4 parents, and reviewed records.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 04/11/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2023
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 8
Control Number 06-CC-20230201085046
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: WALDMAN, CINDY
FACILITY NUMBER: 304313974
VISIT DATE: 04/11/2023
NARRATIVE
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During the initial inspection dated 2/9/23 LPAs Duron and Thompson observed wood fence leaning over on some areas of the fence. LPAs observed two climbing structures for children are in good repair, but there are no cushioned materials underneath to absorb the falls. Homemade zipline and rope swings are present at the facility, but staff and children stated zipline are not used during childcare hours, and zipline handles are not present during facility hours which makes zipline inaccessible to children in care. Rope swings are inaccessible to children and are secured to the trees and are only used when supervised by staff. On 3/28/23 LPA Duron inspected fence and observed the fence to be in disrepair due to nails on fence being exposed.

LPA Duron interviewed one volunteer parent at the facility and contacted five parents by phone and was able to interview three parents. All interviewed parents stated they did not have any concern with facility.

Based on LPA’s interviews, observations and reviewing records, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1 Section 102417 Operation of a Family Child Care (g)The home shall be free from defects or conditions which might endanger a child. Please refer to attached 9099D for documentation of deficiencies.

This requirement is not met as evidence by: Based on LPA’s observations of fence having nails exposed, and no cushioned materials under climbing structures to absorb the falls which poses a potential health risk to the children in care.

An exit interview was completed. The report was reviewed and discussed. Appeal Rights were provided. The facility representative was provided a copy of their appeal rights and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Licensing office within 15 business days. Any proposed changes to the physical plant, including telephone number, shall be immediately reported to the Department.



The facility representative was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. Failure to post will result in Civil Penalties of $100.00. The “Notice of Site Visit” must be posted on or adjacent to the door.
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 04/11/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 8
Control Number 06-CC-20230201085046
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: WALDMAN, CINDY
FACILITY NUMBER: 304313974
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/11/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
04/11/2023
Section Cited
CCR
102417
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102417 Operation of a Family Child Care (g)The home shall be free from defects or conditions which might endanger a child.
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Licensee's Plan of Correction (POC) is to repair fence where nails are exposed. Licensee will call Gate specialist/repairer and schedule an appointment to have her fence repaired by April 28, 2023. Licensee will research options for cushion materials she will add around the two climbing structures at her facility and will provide it on April 28, 2023.
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This requirement is not met as evidence by: Based on LPA’s observations of fence having nails exposed and no cushion material under climbing structures. This action poses an potential risk to the health and safety to the child in care.

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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: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 04/11/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 8
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
02/01/2023 and conducted by Evaluator Patricia Duron
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20230201085046

FACILITY NAME:WALDMAN, CINDYFACILITY NUMBER:
304313974
ADMINISTRATOR:WALDMAN, CINDYFACILITY TYPE:
810
ADDRESS:25142 ARMAGOSA DRIVETELEPHONE:
(949) 505-3559
CITY:LAGUNA NIGUELSTATE: CAZIP CODE:
92677
CAPACITY:14CENSUS: 9DATE:
04/11/2023
UNANNOUNCEDTIME BEGAN:
11:00 AM
MET WITH:Cindy Waldman Licensee TIME COMPLETED:
12:30 PM
ALLEGATION(S):
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Licensee is not present the appropriate amount of time in the facility
Day care children are not supervised appropriately
Adults smoke in the facility premises while children are in care
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Patricia Duron conducted an unannounced complaint visit to deliver the complaint findings. LPA met with Licensee, Cindy Waldman. Census was taken. The overall census observed was 2 staff and 2 parent volunteers with 9 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 2/1/23 a complaint was filed with the Licensing office stating Licensee is not present the appropriate amount of time in the facility. Day care children are not supervised appropriately. Adults smoke in the facility premises while children are in care. Reporting Party (RP) stated the following: Licensee is not present, and those who are in charge of supervision are parents who volunteer to watch the children on the premises. The day care children are not supervised appropriately due to parents seem more concerned with watching their own children than watching all children they are put in charge of supervising. Adults smoke in the facility premises while children are in care and states a parent volunteer has been vaping while left in charge of children, and often there are cigarette butts in front of the premises and driveway. (Cont) Page 1 of 3
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 04/11/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 8
Control Number 06-CC-20230201085046
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: WALDMAN, CINDY
FACILITY NUMBER: 304313974
VISIT DATE: 04/11/2023
NARRATIVE
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During the course of the investigation, LPA interviewed 2 staff, 4 parents, 3 children, and reviewed records.

During the initial unannounced inspection dated 2/9/23. LPAs Duron and Thompson observed 11 children in care with Licensee present, as well as one qualified staff and one parent volunteer. LPA Duron and Thompson observed facility grounds where there were no signs of smoking and no cigarette butts were observed in the front yard or the back yard of the home. LPA’s observed children being supervised by Licensee, teacher and 1 parent volunteer. At the time of visit children were sitting in patio and engaged in story time with S1 and S2. LPA’s observed children engaged in hands on activities as they worked with age appropriate materials in the environment and observed staff supervising children as they engaged in activities and communicated with children in care.

During the staff interview, licensee disclosed she left the house once a month for about 2 hours in the morning from 8:45am – 11am to volunteer in her own child’s school. While she was gone, her qualified staff and the volunteer parents help supervising the children. S2 also confirmed licensee left the facility once a month for about 2 hours in the morning to volunteer at licensee’s child school. All interviewed staff stated children were supervised at all times by staff and parent volunteers and no one smokes at the facility.

LPA Duron contacted 4 parents. All interviewed parents stated they did not have any concern with facility.

During the investigation, LPA Duron interviewed 3 children, no disclosures were made by any children.

On 3/28/23 LPA Duron re-visited facility on an unannounced inspection. LPA observed licensee, one staff, and one parent volunteer with 7 children present at the facility. LPA observed facility grounds where there were no signs of smoking, and no cigarette butts were observed in the front yard or the back yard of the home. LPA observed staff and volunteer supervising children as staff engaged in activities with children as they were present outside with the children in care.

Based on the information gathered from LPAs’ interviews, observation, and reviewing records, there is insufficient evidence to corroborate the allegations of facility. Licensee is not present the appropriate amount of time in the facility, Day care children are not supervised appropriately, Adults smoke in the facility premises while children are in care. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the allegations did not occur in the day care facility, therefore the allegations are UNSUBSTANTIATED.

(Cont) Page 2 of 3

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 04/11/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 8
Control Number 06-CC-20230201085046
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: WALDMAN, CINDY
FACILITY NUMBER: 304313974
VISIT DATE: 04/11/2023
NARRATIVE
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An exit interview was completed. The report was reviewed and discussed. Appeal Rights were provided. The facility representative was provided a copy of their appeal rights and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Licensing office within 15 business days. Any proposed changes to the physical plant, including telephone number, shall be immediately reported to the Department.

The facility representative was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. Failure to post will result in Civil Penalties of $100.00. The “Notice of Site Visit” must be posted on or adjacent to the door.

End of Report. Page 2 of 3.

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 04/11/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2023
LIC9099 (FAS) - (06/04)
Page: 6 of 8