304370293-7-11-2023-06-CC-JHAN-CTPTHL-20230713144453

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370293
Report Date: 07/11/2023
Date Signed: 07/11/2023 11:51:57 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
05/18/2023 and conducted by Evaluator Carmen Odom

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230518163208

FACILITY NAME:	TUTOR TIME CHILD CARE/LEARNING CENTER		FACILITY NUMBER:	304370293
ADMINISTRATOR:	DEARING, LEISHA		FACILITY TYPE:	830
ADDRESS:	1550 BRISTOL STREET NORTH		TELEPHONE:	(949) 955-2672
CITY:	NEWPORT BEACH	STATE: CA	ZIP CODE:	92660
CAPACITY:	40	CENSUS: 17	DATE:	07/11/2023
		UNANNOUNCED	TIME BEGAN:	11:02 AM
MET WITH:	Leisha Dearing - Director		TIME COMPLETED:	12:00 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Facility staff gave an infant the wrong breast milk bottle.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Licensing Program Analyst (LPA) Odom conducted an unannounced complaint investigation. This is a continuation of the investigation initiated on 05/24/2023. Upon arrival LPA met with Director, Leisha Dearing, to deliver complaint findings. At 10:15 am Director guided LPA on a tour of the facility. LPA took census, observed were 17 infant and 5 staff members. During the inspection it was determined the facility is operating within its licensed capacity and within compliance of staffing ratios.
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.

The Department received a complaint on 05/18/2023 alleging facility staff gave an infant the wrong breast milk bottle. Complainant party (CP) stated back in April there was an incident when a member of the management team fed breast milk bottle to the wrong infant.
Continue to page 2

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Carmen Odom	TELEPHONE: (714) 703-2819
LICENSING EVALUATOR SIGNATURE:	DATE: 07/11/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023

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 4

Control Number 06-CC-20230518163208

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: TUTOR TIME CHILD CARE/LEARNING CENTER	FACILITY NUMBER: 304370293
	VISIT DATE: 07/11/2023

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

Page 2
During the investigation LPA Odom interviewed 3 staff members, 4 parents, and reviewed children’s roster, personnel records, incident report. Children were not interviewed, none of the children are verbal.

During an interview on 05/24/23, Staff #3 (S3) stated 03/30/23 at 1:15pm during staff breaks Staff #1 (S1) went into the infant classroom to assist with feedings. S1 accidentally gave C1 the wrong milk bottle that belonged to Child #2 (C2). S1 did not notice they were giving C1 the wrong milk bottle until Staff #2 (S2) informed S1 it was the wrong infant. S3 was informed about the incident. S3 wrote the incident report for both parents and on 3/31/23 S3 sent in the written unusual incident report to licensing department. Since the incident S3 printed out the feeding policy and gave it to all the staff to review, and to make sure the bottle belongs to the correct child by calling out loud the child’s name.

Two staff members were interviewed on 05/24/23 and 7/11/23. S1 stated they gave C1 the wrong milk bottle because they are still getting to know all the infants’ names. They should have not rushed into giving C1 a bottle before verifying the bottle belonged to the correct infant. The bottles do have labels with the child’s name and date. S1 stated they immediately removed the bottle from C1, washed the nipple, notified parents, and notified S3. Later, S1 followed up with parents to make sure there wasn’t any negative reactions and informed parents of the protocols that were implemented. S2 disclosed they were going to feed C2 their bottle when they noticed that S1 was giving C1, C2’s bottle in that moment S2 told S1 they were feeding C1 the wrong bottle and reminded S1 that need to check the name on the bottle.

On 5/24/23 during facility inspection LPA checked and varied all the infant’s bottles and food containers were properly labeled with name and date. LPA took pictures.

During the investigation on 6/27/23 and 07/07/23 LPA attempted to interview 10 parents however only 5 parents were available for interviews. 2 out of the 5 parents disclosed they are satisfied with the care, and they do not have any concerns. Parent #2 (P2) disclosed they left the childcare facility because they felt that staff were not providing adequate supervision of the childcare children when staff are on their cell phones. Parent #3 (P3) disclosed they left the childcare facility because the facility misplaced their child’s EpiPen. Parent #4 (P4) disclosed they didn’t like the inconsistency with staff, in the last year there were 4 different directors.
Continue to page 3

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Carmen Odom	TELEPHONE: (714) 703-2819
LICENSING EVALUATOR SIGNATURE:	DATE: 07/11/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 06-CC-20230518163208

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: TUTOR TIME CHILD CARE/LEARNING CENTER	FACILITY NUMBER: 304370293
	VISIT DATE: 07/11/2023

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

Page 3
Based on LPA’s facility inspection, observations, interviews conducted with 3 staff, 5 parents, and records reviewed, it has been determined that S1 gave the wrong milk bottle to C1. Therefore, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated. California Code of Regulations, Title 22, 101427(g) Infant Care Food Service is being cited on the attached LIC 9099D.

LPA Odom informed Director Leisha Dearing that this report dated 7/11/2023 document 1 Type A citation which shall be posted for 30 consecutive days as there is immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Odom informed the Director Leisha Dearing to provide a copy of this licensing report dated 7/11/2023 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.

Exit interview was conducted with Director, Leisha Dearing. Notice of Site Visit was posted during the visit. Director 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. Director was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above.

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Carmen Odom	TELEPHONE: (714) 703-2819
LICENSING EVALUATOR SIGNATURE:	DATE: 07/11/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 06-CC-20230518163208

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: TUTOR TIME CHILD CARE/LEARNING CENTER	FACILITY NUMBER: 304370293
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 07/11/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 07/11/2023 Section Cited CCR 101427(g)	1 2 3 4 5 6 7	101427 Infant Care Food Service (g) A supply of bottles and nipples shall be maintained at the infant care center. Bottles and nipples used by one infant shall not be shared with or used by another infant unless sterilized. This requirement was not met:	1 2 3 4 5 6 7	Director stated they printed the infant feeding policies for staff to review and sign. Staff also have to hold the bottle and call the name out loud. Director will submit a written plan of correction to licensing office by 7/12/23.
	8 9 10 11 12 13 14	Based on interviews conducted, S1 gave C1 the wrong milk bottle without double checking the name on the bottle. This poses potential Health and Safety risk to 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: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Carmen Odom	TELEPHONE: (714) 703-2819
LICENSING EVALUATOR SIGNATURE:	DATE: 07/11/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023

LIC9099 (FAS) - (06/04)

Page: 4 of 4