304370702-11-9-2021-06-CC-PMAA-C9B6EJ-20211201194449

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370702
Report Date: 11/09/2021
Date Signed: 11/09/2021 04:07:22 PM

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
09/02/2021 and conducted by Evaluator Eileen Corral

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20210902163046

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: 43	DATE:	11/09/2021
		UNANNOUNCED	TIME BEGAN:	01:45 PM
MET WITH:	Director - Jazmin Ortiz		TIME COMPLETED:	04:35 PM

ALLEGATION(S):

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Facility is operating out of ratio

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Corral conducted a Complaint Investigation to deliver findings regarding a Ratio allegation that was received in our office on 09/02/2021. This complaint investigation was initiated on 09/13/2021. Prior to entering the Facility LPA Corral reviewed the COVID-19 Questionnaire with Acting Director Jasmin Garcia. Upon entrance to the Facility there were 43 preschool children present. The children were napping and seperated by 4 staff members providing care and supervision.

Due to COVID 19 Guidelines, LPA Corral observed staff members wearing face masks, social distancing and following CDC and Dept of Public Health Guidelines. During the inspection it was determined the facility is operating within its licensed capacity. Upon arrival and inspection of every room there was one Staff Member providing care and supervision for 13 children with no Teacher Aide present in the classroom. A review of the Facility Personnel Report Summary on 11/08/2021 indicates all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.
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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Eileen Corral	TELEPHONE: (714) 743-8354
LICENSING EVALUATOR SIGNATURE:	DATE: 11/09/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/09/2021

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 5

Control Number 06-CC-20210902163046

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: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
	VISIT DATE: 11/09/2021

NARRATIVE

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The Complaint received in our office on 09/02/2021 stated the Facility was operating out of Ratio. The Reporting Party (RP) alleged the Facility had a high number of children enrollment in the Summer. The Complainant also stated Preschool children were being mixed with School-Age children that are picked up and brought to the Facility from Diamond Elementary. During the Initial 10 Day investigation on 09/13/2021, LPA Corral interviewed Director Jazmin Ortiz and five Staff Members regarding the above allegations. Two additional interviews were conducted with former and current staff members. A total of eight interviews were conducted.

During the interview with Director Jazmin Ortiz, Director stated the Facility operates with a Child Care Licensee for Building A and Building B has a Private School Affidavit. Out of the eight interviews conducted, Five Staff Members stated they did not have more than 12 children present in their classroom for the Summer or the Month of August. Two out of the seven interviews stated that Ratio is a problem and that there were times in August where teachers had more than 12 children in the classroom. When Staff Members were questioned about preschool and school-age children playing and interacting together, two out of the eight staff interviewed stated Yes preschool and school-age children play and interact.

LPA Corral also conducted Record Review for all four classrooms for the month of August. The Record Review showed the 2.5 - 3 year old classroom out of ratio with 13 children present on August 4, 2021 and August 18, 2021. When Director was asked if that classroom has a Teacher Aide or Teacher Assistant, the Director stated there is not an Aide in that classroom. LPA Corral conducted eight interviews which included seven current and former Staff Members and the Director. LPA Corral also reviewed Preschool Sign in/sign out sheets for the month of August and the Children’s Roster. Twelve parents were called, five parent interviews were completed, no parent disclosures were made. Seven Children interviews were conducted on 11/09/2021, no disclosure were made. Upon arrival on today's inspection there was one Staff providing care and supervision for 13 children in the 2.5 - 3 year old classroom.

Based on LPA Corral interviews conducted and record review, the preponderance of evidence standard has been met, therefore the allegation regarding the facility operating out of ratio is found to be Substantiated. This constitutes a violation of operation of Title 22, California Code of Regulations, 101216.3(a) Teacher-Child Ratio which states, there shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below. This allegation is being cited on the attached LIC9099D.
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SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Eileen Corral	TELEPHONE: (714) 743-8354
LICENSING EVALUATOR SIGNATURE:	DATE: 11/09/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/09/2021

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20210902163046

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: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
	VISIT DATE: 11/09/2021

NARRATIVE

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The Facility is licensed to care for children ages 2-5 years old. During interviews it was disclosed that the Facility commingles children over the age of 5 years old with Preschool children. Director also stated that Preschool and School-Age children are commingled at the end of the day in the greeting room and in the four year old room. This constitutes a violation of operation of Title 22, California Code of Regulations, 101161(a) Limitations on Capacity, which states, a licensee shall not operate a childcare center beyond the conditions and limitations specified on the license, including the capacity limitation.This allegation is being cited on the attached LIC9099D.

The Facility is also using an unlicensed room to care for Preschool children. The Fire Clearance on file states A Building only, a request was not submitted to the Department for Building B. There is not a Fire Clearance approved by the city, county department or the Fire State Marshall to operate Building B and allow Preschool children to use Building B. This constitutes a violation of operation of Title 22, California Code of Regulations, 101171 (a)(1) Fire Clearance which states All childcare centers shall secure and maintain a fire clearance approved by the city or county fire department, the district providing fire protection services, or the State Fire Marshall. The request for fire clearance shall be made through and maintained by the Department.

A Type A violation is being cited during today’s inspection therefore the facility must post and provide copies of the report to Parents/Guardians of the children in care by the next business day. Facility shall also provide a copy of the Report to the Parents/Guardians of children newly enrolled in the facility for the next 12 months. The facility is to keep Acknowledgement Receipt (LIC 9224) signed by parents in each child’s file. In addition, the facility shall immediately post upon receipt the Proof of Correction for 30 consecutive days. LPA Corral reviewed Teacher-Child Ratio Title 22 Regulation with Director and advised Director to review these following cited Regulations with Staff.

LPA Corral conducted an Exit Interview with Director Jazmin Ortiz. The report was read reviewed and discussed with Director. Appeal Rights were explained, Director was provided a copy of Appeal Rights and signature on this form acknowledges receipt of these rights. Director was informed all appeals must be in writing and received by the Regional Office within 15 business days. Notice of Site Visit was provided and posted by Director. Director was informed the Notice of Site Visit must be posted for 30 consecutive days and failure to post will result in a Civil Penalty of $100.00.

End of Report.

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Eileen Corral	TELEPHONE: (714) 743-8354
LICENSING EVALUATOR SIGNATURE:	DATE: 11/09/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/09/2021

LIC9099 (FAS) - (06/04)

Page: 3 of 5

Control Number 06-CC-20210902163046

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: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 11/09/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 11/19/2021 Section Cited CCR 101216.3(a)	1 2 3 4 5 6 7	Teacher-Child Ratio: There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	The Ratio was fixed on site during inspection. Director stated she is working on changing staff's schedules to ensure Teacher-Child Ratio is maintained. Owner is also hiring an additional teacher. Director will provided staff with training on Teacher-Child Ratio and email LPA sign-in sheet of training by POC Dute Date.
	8 9 10 11 12 13 14	Based LPA observation on 11/09/21 there was one staff providing care for 13 children. 2 Staff interviews and record review also show facility was out of ratio on 08/04/2021 and 08/18/2021 with 13 children present in the classroom. This poses an immediate safety risk for the children in care.	8 9 10 11 12 13 14
Type A 11/19/2021 Section Cited CCR 101171(a)(1)	1 2 3 4 5 6 7	Fire Clearance: All childcare centers shall secure and maintain a fire clearance approved by the city, county fire department, the district... or the State Fire Marshall. The request for fire clearance shall be made through and maintained by the Department. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Director stated Facility does not use Building B for Preschool Children. Director will submit a written declaration disclosing this statement by POC Due Date.
	8 9 10 11 12 13 14	Bases on 2 Staff Interviews and Record Review, the Facility uses an unlicensed room to care for children. This poses an immediate safety risk for 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: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Eileen Corral	TELEPHONE: (714) 743-8354
LICENSING EVALUATOR SIGNATURE:	DATE: 11/09/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/09/2021

LIC9099 (FAS) - (06/04)

Page: 4 of 5

Control Number 06-CC-20210902163046

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: SUNFLOWER PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370702
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 11/09/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 11/19/2021 Section Cited CCR 101161(a)	1 2 3 4 5 6 7	Limitations on Capacity and Ambulatory Status. A licensee shall not operate a childcare center beyond the conditions and limitations specified on the license, including the capacity limitation. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	The Director will change the Staff Schedule to ensure Staff stays with their classroom. Director will also conduct a Staff Training to ensure staff is aware not to comingle the preschool and school age children. Director will provide LPA with a written statement and a sign-in sheet of the training by POC Due Date.
	8 9 10 11 12 13 14	Based on 2 Staff member interviews, preschool and school age children comingle. This poses an immediate risk to the safety of 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: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Eileen Corral	TELEPHONE: (714) 743-8354
LICENSING EVALUATOR SIGNATURE:	DATE: 11/09/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/09/2021

LIC9099 (FAS) - (06/04)

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