304370702-5-28-2024-06-CC-THOO-D6LTRD-20240626145723

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370702
Report Date: 05/28/2024
Date Signed: 05/28/2024 03:15:17 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 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
05/17/2024 and conducted by Evaluator Aiddee Nunez

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20240517150048

FACILITY NAME:	SUNFLOWER PRESCHOOL & KINDERGARTEN		FACILITY NUMBER:	304370702
ADMINISTRATOR:	JAZMIN ORTIZ		FACILITY TYPE:	850
ADDRESS:	2129 W EDINGER		TELEPHONE:	(714) 979-7422
CITY:	SANTA ANA	STATE: CA	ZIP CODE:	92704
CAPACITY:	59	CENSUS: 38	DATE:	05/28/2024
		UNANNOUNCED	TIME BEGAN:	01:49 PM
MET WITH:	Director, Florence Dixon		TIME COMPLETED:	03:00 PM

ALLEGATION(S):

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Child wandered away from the childcare due to lack of care and supervision.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA), Aiddee Nunez conducted an unannounced complaint investigation. This is a continuation of the investigation initiated on 5/20/2024. Upon arrival, LPA met with Director, Florence Dixon, to deliver complaint findings. Census was taken in each classroom and observed a total of 38 preschool age children and 5 staff members. Children were napping when the LPA arrived.

A review of the Facility Personnel Report Summary on this date indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions. During today’s inspection the facility was operating within its licensed capacity and within compliance with staffing ratios.

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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 703-2800
LICENSING EVALUATOR NAME: Aiddee Nunez	TELEPHONE: 714-703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 05/28/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024

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-20240517150048

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
	VISIT DATE: 05/28/2024

NARRATIVE

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On 05/17/2024 the Orange County Child Care Office received a complaint alleging a child eloped from the childcare due to lack of care and supervision. Reporting Party (RP) stated on 5/16/24 Child 1 (C1) absconded (eloped) from the facility. C1 was found 2 ½ blocks (1,130 feet) from the facility by Adult 1 (A1). C1 was away from the facility for approximately 35 minutes. Law enforcement contacted the facility to verify C1 attended the facility; S1 and S2 stated they did not realize C1 was missing. C1 was under the care of Staff 1 (S1). RP believes C1 climbed on playground equipment and continued climbing over a wall on the east side of the playground and eloped from the facility.

During the investigation, LPAs Nunez and Lucero interviewed 5 staff members, 3 adults, obtained a copy of the police report, sign-in/out sheets, personnel reports, children’s rosters, and facility video footage of the incident.

On May 20, 2024, LPA Nunez interviewed S1. S1 stated they had 8 children under their care and went outside for play time at approximately 9:40AM. According to S1, Staff 2 (S2) was outside with S2’s class which consisted of 10 children. S1 stated at approximately 9:57 AM, S1 saw Adult 7 (A7) arrive to the facility and was at the play yard’s gate to drop off Child 2 (C2) and Child 3 (C3). S2 and S1 went to greet A7 and to receive C2 and C3. After receiving C2 and C3, S1 went back to the picnic tables where children were eating snack. A few minutes later, S2 and S1 stated they heard a person in a helicopter saying, “a child is lost”. A police officer later arrived at the facility and asked S1 if any children were missing. S1 stated as far as they knew they weren’t missing any children. The police officer told S1 Police officers had C1. S1 disclosed they were trying to figure out how C1 eloped from the facility. S1 stated they observed, via video footage, C1 push a plastic play structure towards the wall on the east side of the playground and jump over the wall.

During interview with S2, S2 stated their class goes outside from 9 AM – 10 AM. According to S2, classrooms are not usually outside at the same time. S2 stated that A7 arrived at the facility with C2 and C3, for drop off. S2 disclosed, S1 and S2 walked to the fence to greet and receive C2 and C3 and had their back to the children on the playground. S2 stated they went back inside with their class, approximately 5-10 minutes later. S2 stated they are unsure of any details because the incident happened after they went inside.

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SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 703-2800
LICENSING EVALUATOR NAME: Aiddee Nunez	TELEPHONE: 714-703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 05/28/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20240517150048

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
	VISIT DATE: 05/28/2024

NARRATIVE

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LPA Nunez interviewed Staff 3 (S3), S3 stated they were in the break room with Staff 4 (S4). S3 and S4 overheard a person in a helicopter announcing, “if anyone is looking for a child, please dial the police.” S3 stated they never suspected it was one of the children that belonged to their facility. S3 disclosed police arrived at the facility at approximately 10:00 AM and asked facility staff if C1 attended at the facility. S3 stated S1 and S3 began to search for C1 and that is when officer told them that C1 was in the officer’s possession. Officers then disclosed that C1 was found at the gas station. S3 stated officers notified C1’s parents of the incident. S3 stated according to the video footage of the incident, C1 eloped from the facility at approximately 9:57 AM. S3 disclosed no training's have been provided to facility staff regarding care and supervision. S3 stated the Licensee called maintenance people to install an additional fence on top of the wall.

Staff 4 (S4) and Staff 5 (S5) stated they are unsure of any details of the incident due to not being outside in the play yard at the time of the incident.

On Tuesday, May 21, 2024, LPA Nunez interviewed Adult 3 (A3) via telephone. A3 stated that on May 16, 2024, at 10:35 AM, A3 received a phone call from Adult 5 (A5) to inform Minor 1 (M1), heard from a person in a helicopter saying C1’s name and description of what C1 was wearing. A3 called the facility to inquire what was going on and stated S3 said, “yeah we lost C1”. Upon arrival at the facility, A3 was shown video footage of the incident and A3 disclosed observing the class was outside in the playground. A3 observed S1 and S2 sitting down on the picnic tables and with their heads turned towards the entrance gate. A3 observed C1 push a play structure against the wall and climbed over the wall. A3 stated they were informed by A4 that C1 climbed the wall and walked to a gas station.

On May 21, 2024, LPA Nunez obtained a copy of the police report from the Santa Ana Police Department. Police report stated, “On Thursday, May 16, 2024, an officer, Adult 9 (A9), was flagged down in reference to a child (C1) being lost. C1 was found by Adult 1 (A1) in the parking lot of a 76 Gas Station at approximately 10:12 AM. During the investigation, C1 led A9 to an apartment complex which is approximately 600 feet from the 76 Gas Station. A9 contacted the residence who identified themselves as C1’s Uncle (Adult 7/A7). A7 informed A9, C1 attends Sunflower Preschool and Kindergarten. At approximately 10:34 AM, Officer (Adult 10 /A10) contacted Sunflower Preschool staff. S1 identified themself as the preschool teacher who oversaw C1's class. S1 initially advised A10, C1 was present at school. S1 stated S1 last saw C1 at approximately 09:45 AM. S1 pointed out a climbable plastic cube play structure on the playground, which C1 was known to climb. S1 told officers the play structure was near the five-foot cinderblock wall on east side of the playground.

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SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 703-2800
LICENSING EVALUATOR NAME: Aiddee Nunez	TELEPHONE: 714-703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 05/28/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20240517150048

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
	VISIT DATE: 05/28/2024

NARRATIVE

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Based on the police report, video footage reviewed, and interviews conducted, 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 101229(a)(1) Responsibility for Providing Care and Supervision. Please refer to attached 9099D for documentation of deficiencies and civil penalties assessed.

LPA Nunez informed Director Florence Dixon that this report dated 5/28/24 documents 1 Type A citation which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care. Also, LPA Nunez informed Director Florence Dixon, to provide a copy of this licensing report dated 5/28/24 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 Florence Dixon. Notice of Site Visit was posted during the visit. The licensee 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. Licensee 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.

End of Report.

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SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 703-2800
LICENSING EVALUATOR NAME: Aiddee Nunez	TELEPHONE: 714-703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 05/28/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024

LIC9099 (FAS) - (06/04)

Page: 4 of 5

Control Number 06-CC-20240517150048

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 05/28/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 05/28/2024 Section Cited CCR 101229(a)(1)	1 2 3 4 5 6 7	101229 Care and Supervision (a) The licensee shall provide care and supervision as necessary to meet the children's needs. (1) No child shall be left without the supervision of a teacher at any time, Supervision shall include visual observation. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	The director stated they already put a fence that is higher. They purchase walkie talkie are in use to communicate with each other. And are in the process of hiring more teachers. The Director also stated she will write it in a written statement.
	8 9 10 11 12 13 14	Based on record review, staff interviews, and video footage. C1 eloped from the childcare due to lack of care and supervision This poses an immediate Health and Safety risk 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) 703-2800
LICENSING EVALUATOR NAME: Aiddee Nunez	TELEPHONE: 714-703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 05/28/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024

LIC9099 (FAS) - (06/04)

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