304371043-9-25-2024-06-CC-THOO-DA2VYP-20241014165126

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371043
Report Date: 09/25/2024
Date Signed: 09/25/2024 03:28:53 PM

Unsubstantiated

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
08/27/2024 and conducted by Evaluator Mahnaz Malek

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20240827094225

FACILITY NAME:	RAINBOW RISING - PORTOLA SPRINGS		FACILITY NUMBER:	304371043
ADMINISTRATOR:	ACEVES, JESSICA		FACILITY TYPE:	840
ADDRESS:	12100 PORTOLA SPRINGS		TELEPHONE:	(949) 387-3374
CITY:	IRVINE	STATE: CA	ZIP CODE:	92618
CAPACITY:	180	CENSUS: 109	DATE:	09/25/2024
		UNANNOUNCED	TIME BEGAN:	01:30 PM
MET WITH:	Director, Sandra Ceballos		TIME COMPLETED:	04:00 PM

ALLEGATION(S):

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Facility staff did not supervise children at all times.
Facility operated out of ratio.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation regarding the above allegations. This is a follow up for the visit conducted on 8/28/2024. LPA met with director, Sandra Ceballos. Today, there were a total of 109 school age children with 10 staff. Room #1 three staff with 28 children, Room # 2 two staff with 26 children, Room # 3 two staff with 28 children, and Room # 4 three staff with 27 children.
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.
On 8/27/2024, the Orange County Childcare Office received a complaint alleging “Facility staff did not supervise children at all times”, and “Facility operated out of ratio.” Per reporting party, 7-year-old child # 1 (C1) went on an indoor field trip and was kicked in the eye by another child at the trampoline area on 7/23/2024. When asked if any of the staff members saw C1 get injured, C1 said no adults were around.
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Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:	DATE: 09/25/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/25/2024

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 6

Control Number 06-CC-20240827094225

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: RAINBOW RISING - PORTOLA SPRINGS	FACILITY NUMBER: 304371043
	VISIT DATE: 09/25/2024

NARRATIVE

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Reporting party also stated it was observed 15-20 kids with one staff during pick up time.

LPA interviewed a total of 7 staff who were present on the day of field trip on 7/23/2024. Staff # 1 (S1) stated; I did not see C1 get injured. C1 informed me on the way back to school on the bus. S1 stated C1’s eye did not look red to me. I did not see any injury in C1’s eye. C1 was not crying. S1 stated staff were walking around in the field trip area. Regarding ratio, we have never been out of ratio. We always ask for staff (ELOP staff are sister company and are fingerprint cleared located on our site) and help us with ratio if we need to. We all know the ratio is 1:14.
S2 stated; the staff were stationed on each equipment in the indoor field trip. Teachers were rotating and walking around. C1 did not cry and did not let anyone know. Regarding ratio, we have not been out of ratio, we get help from other Rainbow Rising sites close by and we can get additional staff from ELOP which are on our site if we need to.
S3 stated; on the indoor field trip, I was walking around and attending to children. Some stationed at the entrance, some moved around. We kept moving and we had all the children under our supervision. I did not see C1 get injured. I can say two staff were around each activity area. Regarding ratio, we have not been out of ratio, we have more than enough staff.
S4, stated; we had all the children under our supervision on the indoor field trip. Regarding ratio, we have not been out of ratio. The ratio is 1:14 and we have more staff than we need. I have not seen us to be out of ratio.
S5 stated; I saw C1 on the way back on the bus. I did not see any injury on C1 on the bus. C1 told me C1 had fun and loved to go on trampoline. Some staff walked around, some stationed at the entrance, Some stay at other areas. It was manageable. Regarding ratio, I have seen management gets help from ELOP that are sister company and help us on site if needed.
S6 stated; On the indoor field trip, I was walking around. Other staff were walking around too. I followed children. At some point, I was at the trampoline area, but I did not see C1 get injured. Regarding ratio, I know the ratio is 1:14 and I have not seen more than 14 children to one person. We always have enough staff. S7 stated: I was there to support constant supervision. Staff walked around from one station to another. It was all enclosed. I was not notified of any injury to C1. Supervision was constantly moving around by staff rotating. I observed all the activities were supervised by staff. Regarding ratio, we are very serious about ratio. we have not been out of ratio.
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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:	DATE: 09/25/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/25/2024

LIC9099 (FAS) - (06/04)

Page: 2 of 6

Control Number 06-CC-20240827094225

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: RAINBOW RISING - PORTOLA SPRINGS	FACILITY NUMBER: 304371043
	VISIT DATE: 09/25/2024

NARRATIVE

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LPA found out 3 other Rainbow Rising sites, and their staff were also present on the same indoor field trip with this facility on 7/23/2024. LPA contacted the directors of those 3 facilities and asked if any of those staff observed C1’s injury. Site # 1 with 7 staff, Site # 2 with 8 staff, and Site # 3 with 5 staff did not witness any injury to any child at the trampoline area.
Regarding the allegation of being out of ratio, LPA randomly reviewed the records of the staffs’ timecards and sign in/out sheets for children for the week of 7/15/2024 to 7/19/2024 for the pick-up time the reporting party had reported. According to records, number of staff and children were adequate. However, records did not show where each staff was located at specific time.
LPA also interviewed 12 children including C1. C1 stated; I fell on the trampoline when I was jumping down, and another child (unknown) kicked me in my eye with the heel. It hurt a little bit. I don't think it was an accident. There were no teachers around. It was hard to find them. They were moving around. Staff were everywhere but not at the trampoline area. I could not find any teachers. Other children confirmed that teachers supervise them. The children who went on the indoor field trip stated teachers were walking around in there.
Based on the interviews with 7 staff, contacting staff of 3 other Rainbow Rising sites, 12 children including C1, 10 parents of whom one parent responded and that parent who responded had no concerns, reviewing a sample week of staffs’ timecards and children’s sign in/out sheets, and LPA's observations of 8/28/2024 and today there is not enough proof or evidence to support the above allegations occurred or did not occur. This agency has investigated the complaint alleging “Facility staff did not supervise children at all times, and “Facility operated out of ratio”; although the allegations may have happened or are valid, there is not a preponderance of evidence to prove, the alleged violations did or did not occur, therefore the allegations are UNSUBSTANTIATED.
Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100.
In the areas which were investigated, no deficiency was cited today. The director, Sandra Ceballos was provided a copy of their appeal rights (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted with director, Sandra Ceballos.
End of report.

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:	DATE: 09/25/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/25/2024

LIC9099 (FAS) - (06/04)

Page: 3 of 6

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
08/27/2024 and conducted by Evaluator Mahnaz Malek

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20240827094225

FACILITY NAME:	RAINBOW RISING - PORTOLA SPRINGS		FACILITY NUMBER:	304371043
ADMINISTRATOR:	ACEVES, JESSICA		FACILITY TYPE:	840
ADDRESS:	12100 PORTOLA SPRINGS		TELEPHONE:	(949) 387-3374
CITY:	IRVINE	STATE: CA	ZIP CODE:	92618
CAPACITY:	180	CENSUS: 109	DATE:	09/25/2024
		UNANNOUNCED	TIME BEGAN:	01:30 PM
MET WITH:	Director, Sandra Ceballos		TIME COMPLETED:	04:00 PM

ALLEGATION(S):

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Facility staff did not report an unusual incident to child's authorized representative

INVESTIGATION FINDINGS:

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Page 1 of 2
Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation regarding the above allegations. This is a follow up for the visit conducted on 8/28/2024. LPA met with director, Sandra Ceballos. Today, there were a total of 109 school age children with 10 staff. Room #1 three staff with 28 children, Room # 2 two staff with 26 children, Room # 3 two staff with 28 children, and Room # 4 three staff with 27 children.
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.
On 8/27/2024, the Orange County Childcare Office received a complaint alleging “Facility staff did not report an unusual incident to child’s authorized representative”. Per reporting party (PR) 7-year-old child # 1 (C1) went on an indoor field trip and was kicked in the eye by another child at the trampoline area on 7/23/2024. Child did not tell anybody until they got on the bus. Child told staff # 1 on the bus that another
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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:	DATE: 09/25/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/25/2024

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 6

Control Number 06-CC-20240827094225

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: RAINBOW RISING - PORTOLA SPRINGS	FACILITY NUMBER: 304371043
	VISIT DATE: 09/25/2024

NARRATIVE

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child kicked C1 in the eye. Child was told too late and there was nothing they could do about it. Child’s representative was not informed at pick up time. Child’s eye started hurting when got home.
During the course of investigation, LPA interviewed 7 staff, 12 children including C1 and 10 parents.
During interviews with 7 staff, staff # 1 (S1) stated the following: C1 did not disclose to anyone on the trampoline area of eye injury at the indoor field trip on 7/23/20024. I did not see C1 injured. On the way back to school on the bus, C1 told me C1 was kicked in the eye on the trampoline by another child. I did not tell C1 "too late". I asked C1 if C1 informed any teachers when C1 was kicked in the eye. C1 said "No”. I told C1 next time tell a teacher. C1’s eye did not look red to me. I did not see any injury in C1’s eye. C1 was not crying. C1 said it just hurt. S1 admitted S1 got distracted and forgot to let other staff know or make an incident report to notify C1’s representative.
S2 also stated that S2 was not notified of the C1’s injury. Therefore, child’s representative was not notified. LPA interviewed 5 other staff who stated they were not aware of C1’s injury in the eye. S5 stated S5 saw C1 on the bus when going back from the field trip to school. S5 stated S5 did not see any injury on C1’s eye. During the interviews with 7 staff, they all stated they communicate with a superior if there is an injury to a child and the child’s representative will be notified verbally or by a written statement. However, this incident was not reported to the child’s representative.
During interview with children, C1 stated that I did not let anybody know because I did not find any teachers around. Another child (unknown name) was jumping down on the trampoline and kicked me in the eye.
Based on the interviews with 7 staff, 12 children including C1, and 10 parents of whom one parent responded, and that parent had no concerns, it was determined the preponderance of evidence standard has been met, the allegation of " Facility staff did not report an unusual incident to child's authorized representative " is found to be SUBSTANTIATED.

California Title 22 Regulations Section 101212(f) under Reporting Requirement is cited on 9099D next page. The director, Sandra Ceballos was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. Notice of Site Visit must be posted on or adjacent to the door. Failure to post will result in Civil Penalties of $100.00. The director, Sandra Ceballos was provided with a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. The exit interview was conducted with director, Sandra Ceballos.
End of reports.

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:	DATE: 09/25/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/25/2024

LIC9099 (FAS) - (06/04)

Page: 5 of 6

Control Number 06-CC-20240827094225

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: RAINBOW RISING - PORTOLA SPRINGS	FACILITY NUMBER: 304371043
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/25/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 09/27/2024 Section Cited CCR 101212(f)	1 2 3 4 5 6 7	Reporting Requirement: The items specified in (d)(1)(A) through (H) above, (Any injury to any child that requires medical treatment) shall also be reported to the child's authorized representative. This requirement was not met as evidenced by a 7- year old	1 2 3 4 5 6 7	The director agreed to send an acknowledgment statement to LPA's email address by the due date of 9/27/2024 This acknowledgment shall be signed by all the staff that they are aware of reporting children's injuries.
	8 9 10 11 12 13 14	child disclosed to staff # 1 that child was kicked in the eye by another child on trampoline in an indoor field trip, and admission of staff not notifying the child’s representative. This is potential risk to the health and safety of children in care.	8 9 10 11 12 13 14	The internal communications and procedures regarding children’s incidents shall be discussed with staff.
	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.

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:	DATE: 09/25/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/25/2024

LIC9099 (FAS) - (06/04)

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