304371210-4-5-2023-06-CC-PMAA-CQRPZM-20230410114545

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371210
Report Date: 04/05/2023
Date Signed: 04/05/2023 03:06:07 PM

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
01/17/2023 and conducted by Evaluator Stella Gutierrez

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230117081512

FACILITY NAME:	LEPORT-IRVINE WOODBRIDGE		FACILITY NUMBER:	304371210
ADMINISTRATOR:	GIMBI GOROSPE, CHRISTINA		FACILITY TYPE:	850
ADDRESS:	26 LAKE ROAD		TELEPHONE:	(949) 551-9020
CITY:	IRVINE	STATE: CA	ZIP CODE:	92604
CAPACITY:	118	CENSUS: 47	DATE:	04/05/2023
		UNANNOUNCED	TIME BEGAN:	11:45 AM
MET WITH:	Christina Gimbi, director		TIME COMPLETED:	03:25 PM

ALLEGATION(S):

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Qualifications -Staff do not have proper qualifications
Personal Rights -Staff commingle children of different age groups

INVESTIGATION FINDINGS:

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On 04/05/2023 Licensing Program Analyst (LPA), Stella Gutierrez made an unannounced visit to the facility for the purpose of delivering findings of complaint received on 01/17/2023. LPA was met by Christine Gimbi who was explained the reason for today’s visit. Census taken today, LPA observed 03 Toddler component staff (1 lead and 2 assistants) and 09 toddlers and 03 preschool staff (1 qualifying teacher and 2 assistants) and 38 preschool children in care.
A review of the Facility Personnel Report Summary conducted on 04/05/2023 indicates all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

A complaint was received on 01/17/2023 alleging that the facility staff do not have proper qualifications and that the staff commingle the children of different age groups.

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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 04/05/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/05/2023

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-20230117081512

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: LEPORT-IRVINE WOODBRIDGE	FACILITY NUMBER: 304371210
	VISIT DATE: 04/05/2023

NARRATIVE

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On 01/23/2023 additional information was received by the reporting party. The reporting party stated that unqualified staff continue to care for 8-12 children and the commingle of toddler with the preschool ages has become a daily routine.
On 01/24/2023 the reporting was interviewed and stated that there are 03 staff at the facility that were hired as fully qualified teachers and do not have the ECE units required when left alone 8-12 children in care. The reporting party stated that this started happening in November of 2022. The reporting party also reported that the preschool has a toddler component and staff are commingling the children from both age groups.
On 01/25/2023 LPA Gutierrez and LPA Bootarabi made an unannounced visit to the facility. During the visit LPAs was provided a tour of the facility, conducted 08 staff interviews, and obtained copies of the children’s roster, personnel report, staff and children’s attendance records for the full month of November of 2022 and for the full month of January of 2023.
On 01/25/2023 Staff 1, 3, 6 and Staff 7 all stated that they have cared for toddlers on their own and do not have the qualifications as a lead teacher. On 01/25/2023 the director stated that the facility is having a hard time finding qualified staff and admits, as result she is having unqualified staff provide care for children on their own at the facility since November last year. The director stated the unqualified staff covers for other staff so they can break and at the end of the day so other staff can leave early. Records revealed that staff 1, 3, 6 and 7 are not qualified or were not qualified to care for children on their own when in November 2022 and January 2023.
In reference to the allegation that the staff commingle the children of different age groups, Staff #5 stated that the toddler and the preschool commingle outside on the playground, Staff #6 stated that C1 and C2 (Under 30 months) come to the preschool at the end of the day and this usually occurs Tuesdays and Thursdays. S7 stated that 11/07/2022-11/18/2022 that C2 was going to the preschool after care for those dates. Based on records review, C2 (23 months) was sent to the preschool on 11/14/2022, 11/15/2022 and 11/18/2022 due to the lead teacher being absent or leaving early. In January C1 and C2 (both under 30 months) were sent to the preschool at least 2 times per week for the month of January of 2023. S2 leaves at 4:15 PM most days and C1 and C2 are picked up 4:30 PM – 5:00 PM.
On 02/17/2023 LPA, Gutierrez conducted 05 parent interviews. There were no disclosures by the parents interviewed.

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SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 04/05/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/05/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230117081512

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: LEPORT-IRVINE WOODBRIDGE	FACILITY NUMBER: 304371210
	VISIT DATE: 04/05/2023

NARRATIVE

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Based on statements and records review the allegations of qualifications and personal rights referenced on this report is deemed substantiated. A substantiated finding means that the complaint is substantiated, and the allegation is valid because the preponderance of the evidence standard has been met. The director is having unqualified providing care on their own at the facility and are commingling the toddler component children with the preschool children at the end of the day. The following were revealed and are being cited in accordance with California Code of Regulations, Title 22, Division 12, Chapter 1, Section 06 101216.2(e) and 101216.4 (a) (1) (2) are being cited on the attached LIC 809D.

Exit interview conducted and report was reviewed with the director, Christina Gimbi. Appeal Rights and deficiencies were discussed. The facility representative was provided 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. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

LPA Stella Gutierrez informed the director, Christina Gimbi that this report dated 04/05/2023 documents 02 Type A citations 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 Stella Gutierrez informed the director, Christina Gimbi to provide a copy of this licensing report dated 04/05/2023 that documents any Type A citations 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.

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SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 04/05/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/05/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230117081512

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: LEPORT-IRVINE WOODBRIDGE	FACILITY NUMBER: 304371210
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/05/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 04/11/2023 Section Cited CCR 101216.2(e)	1 2 3 4 5 6 7	This page was ameneded (same day) to cite he correct deficiency: Type A 101216.2 (e) Qualifications and Duties (e) An aide shall work only under the direct supervision of a teacher.	1 2 3 4 5 6 7	The director was given the opportunity to present a plan of action so the department can help the facility get back into compliance. The director stated and provided a declaration understanding when and how the deficiency occurred.
	8 9 10 11 12 13 14	This requirement was not met as evidence by records and statements. The director stated that she is aware that this is occurring due to limited staffing. This poses a potential risk to the children in care.	8 9 10 11 12 13 14	The director stated that she will provide a training on this regulation and moving forward stated on a declaration to stay in compliance of this regulations. The director will forward the agenda for the training and a role sheet of all staff who attended by 04/11/2023. Please forward via email to LPA Gutierrez @ stella.gutierrez@dss.ca.gov
Type A 04/11/2023 Section Cited CCR 101216.4(a)(1)	1 2 3 4 5 6 7	101216.4 PRESCHOOL PROGRAM WITH TODDLER COMPONENT (a) Licensees serving preschool-age children may create a special program component for children who are between 18 months and 36 months of age (1) A child who is between 18 months and 36 months... No child in the toddler program shall be placed in the	1 2 3 4 5 6 7	The director was given the opportunity to present a plan of action so the department can help the facility get back into compliance. The director stated and provided a declaration understanding when and how the deficiency occurred.
	8 9 10 11 12 13 14	preschool program before the age of 30 months without written permission from the child's authorized representative. This requirement was not met as evidence by statements and records that Child #1 and Child #2 were transition to preschool room at least twice per week in November of 2022 and January of 2023.	8 9 10 11 12 13 14	The director stated that she will provide a training on this regulation and moving forward stated on a declaration to stay in compliance of this regulations. The director will forward the agenda for the training and a role sheet of all staff who attended by 04/11/2023. Please forward via email to LPA Gutierrez @ stella.gutierrez@dss.ca.gov

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: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 04/05/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/05/2023

LIC9099 (FAS) - (06/04)

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