304370150-10-5-2022-06-CC-THOO-CJXUK5-20221006153835

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370150
Report Date: 10/05/2022
Date Signed: 10/05/2022 11:25:04 AM

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
07/08/2022 and conducted by Evaluator Stacy Torrence

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220708093915

FACILITY NAME:	NOBIS PRESCHOOL		FACILITY NUMBER:	304370150
ADMINISTRATOR:	MELINDA MARCHESE		FACILITY TYPE:	830
ADDRESS:	190 EAST 15TH STREET		TELEPHONE:	(949) 548-2550
CITY:	COSTA MESA	STATE: CA	ZIP CODE:	92627
CAPACITY:	16	CENSUS: 10	DATE:	10/05/2022
		UNANNOUNCED	TIME BEGAN:	09:45 AM
MET WITH:	Melinda Marchese, Director		TIME COMPLETED:	11:30 AM

ALLEGATION(S):

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Staff swaddle infants
Staff mixed-up a child's breast milk with formula
Staff force infants to nap
Staff interact with infants in a physically rough manner
Staff cover infants faces during nap

INVESTIGATION FINDINGS:

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On 10/05/2022, Licensing Program Analyst (LPA) Stacy Torrence conducted an in-person inspection to deliver the findings regarding the above complaint allegations. LPA Torrence met with Director Melinda Marchese. There was a total of 10 infants present, with three staff supervising. A review of staff criminal clearance 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 07/08/2022, Licensing office received a complaint alleging the following: staff swaddle infants, staff mixed-up a child’s breast milk with formula, staff force infants to nap, staff interact with infants in a physical rough manner, staff engaging in unsafe feeding practices, and staff cover infants faces during nap.
During the course of the investigation, LPA Torrence conducted an interview with Reporting Party (RP). RP stated teachers swaddle infants and put blankets over the faces of infants to make them sleep. RP stated a baby had their breast milk switched with formula by accident. RP stated the teacher did not tell the director about the mix-up, but the parent heard about it from another teacher and was upset. RP stated a teacher hits the babies’ back so hard during nap time they cannot fall asleep. RP stated an infant had feeding problems so an infant had slow feeding nipples on the bottle; the teachers cut the slow feeding nipples bigger so the milk would flow faster.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

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 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
07/08/2022 and conducted by Evaluator Stacy Torrence

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220708093915

FACILITY NAME:	NOBIS PRESCHOOL		FACILITY NUMBER:	304370150
ADMINISTRATOR:	MELINDA MARCHESE		FACILITY TYPE:	830
ADDRESS:	190 EAST 15TH STREET		TELEPHONE:	(949) 548-2550
CITY:	COSTA MESA	STATE: CA	ZIP CODE:	92627
CAPACITY:	16	CENSUS: 10	DATE:	10/05/2022
		UNANNOUNCED	TIME BEGAN:	09:45 AM
MET WITH:	Melinda Marchese, Director		TIME COMPLETED:	11:30 AM

ALLEGATION(S):

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9

staff engaging in unsafe feeding practices

INVESTIGATION FINDINGS:

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13

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 2 of 8

Control Number 06-CC-20220708093915

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: NOBIS PRESCHOOL	FACILITY NUMBER: 304370150
	VISIT DATE: 10/05/2022

NARRATIVE

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Allegation: Staff engaging in unsafe feeding practice.
FS1 stated a staff would force feed the younger babies, shoving food in their mouths, with the highchair leaning back. Interviewed staff denied feeding child food unsafely. Staff 5 stated did not see any staff force feeding any children and if something like that were to happen it would immediately be reported to the director and owner.

Based on LPA’s interviews, there was insufficient evidence to corroborate the allegation. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur; therefore, the allegation is unsubstantiated.

Exit interview was conducted. The Notice of Site Visit was posted. 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: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 09/29/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

Page: 3 of 8

Control Number 06-CC-20220708093915

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: NOBIS PRESCHOOL	FACILITY NUMBER: 304370150
	VISIT DATE: 10/05/2022

NARRATIVE

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During the course of the investigation, LPA interviewed five staff members, three former staff members, and four parents.
Allegation: Staff Swaddle Infants:
Interviewed staff denied swaddling infants in care. Former Staff 1(FS1) reported witnessing staff swaddling infants while they are asleep. Former Staff 2(FS2) reported witnessing staff swaddling the babies and usually place them in a rocking/swing chair to help them fall asleep, with their face covered. Staff 2 (S2) stated they place new infants in swings, until they fall asleep, at parents’ request, then transferred to a crib.

On 09/09/2022, LPA received four pictures depicting infants swaddled sleeping in swings.

Allegation: Staff mixed-up a child’s breast milk with formula
Interviewed former staff did not disclosed another staff mixing-up breast milk with formula. Parent 4(P4) stated the teacher disclosed to P4 that the child’s breast milk was mixed up with formula.
Allegation: Staff Force Infants to Nap:
S2 stated they put the babies to sleep by sitting on the floor, rubbing their hair and back gently, they love it when we rub their hair. S2 stated S2 pat the baby’s shoulders not the back. FS1 stated FS1 witnessed a teacher pat the babies so hard on the back when they wouldn’t sleep. FS1 witnessed a teacher would cover the infants faces with blankets in their cribs to get them to go to sleep faster and the teacher would immediately uncover their faces as nothing is to be in the cribs. FS2 witnessed, in the infant classroom, babies’ faces were often covered by a blanket/sheet by the teacher because according to FS2, teacher stated, “it helped the child sleep”.
Allegation: Staff interact with infants in a physical rough manner.
Interviewed staff denied interacting with infants in a physically rough manner. FS1 stated a teacher would throw the babies down on their mat and yell at them to go to sleep. FS1 disclosed witnessing, a teacher, patting the babies so hard on the back when they wouldn’t sleep. FS1 also disclosed witnessing a teacher picking the children up by the collar of their shirts or by one arm. FS2 disclosed witnessing, a teacher, in the infant classroom, patting the children’s back aggressively when putting the infants to sleep.

LPA received three pictures depicting the same teacher and a crying child. The first picture showed the teacher patting the child’s back with a closed fist, the second picture showed the teacher pulling the child up from the floor by the back of the child’s shirt collar and the last picture showed the teacher grabbing and pulling the back of the child’s shirt.

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SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

Page: 5 of 8

Control Number 06-CC-20220708093915

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: NOBIS PRESCHOOL	FACILITY NUMBER: 304370150
	VISIT DATE: 10/05/2022

NARRATIVE

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Allegation: Staff cover infants faces during nap.
Staff 1 (S1) stated the staff members do not cover child’s face while sleeping. S2 stated all teachers watch the babies as they sleep, no blankets in the crib; however, they may put blankets up to the babies’ waist, when the babies fall asleep. S2 stated some parents give them their baby’s blanket and tell them they like the smell of it, then the teachers take it off when the babies fall asleep. S3 stated S3 does not notice a blanket over the children heads, it’s too dangerous. S3 stated S3 does not think they have any teachers that put the blankets over the children’s head because they have to watch them and be very careful. S4 stated one child put the blanket over his head himself, that’s the way he likes to sleep; however, when child falls asleep, S4 takes the blanket off the child’s head. S5 stated the children have their own blankets and sheets. The children’s blankets are never over their head while sleeping because the teachers never know what may happen with the blankets over the children’s heads.
FS1 witnessed a teacher would cover the infants faces with blankets in their cribs to get them to go to sleep faster and stated the teacher would immediately uncover their faces as nothing is to be in the cribs. FS2 witnessed, in the infant classroom, babies’ faces were often covered by a blanket/sheet by the teacher because according to FS2, “it helped the child sleep”. FS3 stated for nap time all the babies’ heads were always covered and FS3 would ask them to stop and they would continue to do it. P4 stated P4 have been told by other parents that blankets have been placed in infants’ cribs.
During the course of the investigation, LPA Torrence conducted phone interviews with five parents. 4 out 5 parents had concerns and issues with the daycare. Interviewed parents’ concerns were the complaint allegations mention above which were told to them by teachers and other parents.

Based on the information gathered from LPA’s interviews, and review of pictures, the preponderance of evidence standard has been met, therefore, the above allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter 1,101430(a)(3)(C) Infant Care Activities, 101223(a)(2) Personal Rights, 101430(a)(3)(B) Infant Care Activities, 101223(a)(3) Personal Rights, and 101430(a)(3)(D) Infant Care Activities, are being cited on the attached LIC9099D.
If the facility receives a Type A violation, the licensee shall post and provide copies of the report to parents/guardians of the children in care at the facility by the next business day and shall provide to the parents/guardians of children newly enrolled at the facility during the next 12 months. In addition, the licensee shall immediately post upon receipt the Proof of Correction for 30 consecutive days and provide a copy to current and enrolling parents. The licensee is to keep Acknowledgement Receipt (LIC 9224) signed by parents in each child’s file. In addition, the licensee shall immediately post upon receipt the Proof of Correction for 30 consecutive days.
Exit interview was conducted. The Notice of Site Visit was posted. A copy of appeal rights (LIC 9058 1/16) was provided and explained. First level appeal is to Regional Manager, address is above on the report.

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

Page: 6 of 8

Control Number 06-CC-20220708093915

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: NOBIS PRESCHOOL	FACILITY NUMBER: 304370150
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/05/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/06/2022 Section Cited CCR 101430(a)(3)(C)	1 2 3 4 5 6 7	101430(a)(3)(C) Infant Care Activities. (a) Notwithstanding Section 101230, the following shall apply: (3) All infants shall be given the opportunity to sleep without distraction or disturbance…. (C) An infant shall not be swaddled while in care.	1 2 3 4 5 6 7	Per Director, will meet with infant teachers today and discuss the Safe Sleep Guidelines and will send agenda to LPA with staff signatures by POC due date.
	8 9 10 11 12 13 14	This requirement is not met as evidence by: Based on LPAs interviews and review of pictures, FS1 and FS2 disclosed witnessing staff swaddling infants while they sleep. LPA received four pictures depicting infants swaddled sleeping in swings. This poses an immediate risk to the safety of children in care.	8 9 10 11 12 13 14
Type A 10/06/2022 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	101223(a)(2) Personal Rights. (a) The licensee shall ensure that each child is accorded the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations….	1 2 3 4 5 6 7	Per Director, will meet with infant teachers today and discuss the Safe Sleep Guidelines and will send agenda to LPA with staff signatures by POC due date.
	8 9 10 11 12 13 14	This requirement is not met as evidence by: Based on LPAs interviews, P4 stated the teacher disclosed to P4 that the child’s breast milk was mixed up with formula. This poses an immediate risk to the health 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: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

Page: 4 of 8

Control Number 06-CC-20220708093915

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: NOBIS PRESCHOOL	FACILITY NUMBER: 304370150
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/05/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/06/2022 Section Cited CCR 101430(a)(3)(B)	1 2 3 4 5 6 7	101430(a)(3)(B) Infant Care Activities. (a) Notwithstanding Section 101230, the following shall apply: (3) All infants shall be given the opportunity to sleep without distraction or disturbance…. (B) No infant shall be forced to sleep….. This requirement is not met as evidence by: Based on LPAs interviews, FS1	1 2 3 4 5 6 7	Per Director, will meet with infant teachers today and discuss the Safe Sleep Guidelines and will send agenda to LPA with staff signatures by POC due date.
	8 9 10 11 12 13 14	disclosed witnessing a teacher pat the babies so hard on the back when they wouldn’t sleep. FS2 disclosed witnessing in the infant classroom, babies’ faces were often covered by a blanket/sheet by the teacher because according to FS2, teacher stated, “it helped the child sleep. This poses an immediate risk to the safety of children in care.	8 9 10 11 12 13 14
Type A 10/06/2022 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	101223(a)(3) Personal Rights- (a) The licensee shall ensure that each child is accorded the following personal rights: (3) To be free from corporal or unusual punishment, infliction of pain…… This requirement is not met as evidence by: Based on LPAs interviews and review of pictures, FS1 also disclosed	1 2 3 4 5 6 7	Per Director, will meet with infant teachers today and discuss the Safe Sleep Guidelines and will send agenda to LPA with staff signatures by POC due date.
	8 9 10 11 12 13 14	witnessing a teacher picking the children up by the collar of their shirts or by one arm. LPA received three pictures depicting a teacher and a crying child, pictures showed the teacher patting the child’s back with a closed fist, the teacher pulling the child up from the floor by the back of the child’s shirt collar, and the teacher grabbing and pulling the back of the child’s shirt. This poses an immediate risk to the 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: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

Page: 7 of 8

Control Number 06-CC-20220708093915

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: NOBIS PRESCHOOL	FACILITY NUMBER: 304370150
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/05/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/06/2022 Section Cited CCR 101430(a)(3)(D)	1 2 3 4 5 6 7	101430(a)(3)(D) Infant Care Activities. (a) Notwithstanding Section 101230, the following shall apply: (3) All infants shall be given the opportunity to sleep without distraction or disturbance……. (D) An infant’s head shall not be covered while sleeping. This requirement is not met as evidence	1 2 3 4 5 6 7	Per Director, will meet with infant teachers today and discuss the Safe Sleep Guidelines and will send agenda to LPA with staff signatures by POC due date.
	8 9 10 11 12 13 14	by: Based on LPAs interviews, S2 and S4 disclosed babies have their blankets in their cribs until they fall asleep. FS1 disclosed witnessing a teacher covering the infants faces with blankets in their cribs. FS2 disclosed witnessing babies’ faces were often covered by a blanket/sheet by the teacher. This poses an immediate risk to the safety to the children in care.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

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