304371440-2-22-2022-06-CC-PMAA-CC3PHH-20220228101955

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371440
Report Date: 01/27/2022
Date Signed: 02/22/2022 01:20:51 PM

Unsubstantiated

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
12/02/2021 and conducted by Evaluator Alanna Gontarek

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20211202155224

FACILITY NAME:	LEARNING EXPERIENCE, THE		FACILITY NUMBER:	304371440
ADMINISTRATOR:	PETERSON-CHEEKS, KRISTINE		FACILITY TYPE:	830
ADDRESS:	17131 BEACH BLVD		TELEPHONE:	(562) 393-6685
CITY:	HUNTINGTON BEACH	STATE: CA	ZIP CODE:	92647
CAPACITY:	32	CENSUS: 20	DATE:	01/27/2022
		UNANNOUNCED	TIME BEGAN:	09:40 AM
MET WITH:	Nichole Ontiveros		TIME COMPLETED:	01:30 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Day-care child sustained injuries while in care
Staff handled day-care child in a rough manner

INVESTIGATION FINDINGS:

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

On 2/22/2022, Licensing Program Analysts (LPAs) Alanna Gontarek and Dianna Valdez Santana conducted a follow up inspection to deliver the findings, and amend the report from 1/27/2022 regarding the above complaint allegations. LPAs met with Director, Nichole Ontiveros. A tour of the facility was conducted, and census was taken. LPA observed a total of 23 infants and 5 staff upon arrival. On 1/27/22, a review of staff criminal clearance records indicated that all facility staff, or other individuals who required caregiver background checks, have received criminal record and child abuse index clearances or exemptions. Facility representative was reminded that all adults 18 and over, including employees and volunteers, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to initial presence in a Child Care Center. A civil penalty of $100.00 minimum/day up to $500.00 maximum per day/per person will be assessed if this regulation is violated.
On 12/2/2021, Department received a complaint from complainant alleging: Day-care child sustained injuries while in care and staff handled day-care child in a rough manner. Complainant stated on 4 different
Page 1 of 3

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Alanna Gontarek
LICENSING EVALUATOR SIGNATURE:	DATE: 02/22/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/22/2022

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 3

Control Number 06-CC-20211202155224

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: LEARNING EXPERIENCE, THE	FACILITY NUMBER: 304371440
	VISIT DATE: 01/27/2022

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

occasions, complainant's child came home with unknown scratches on child’s buttocks. Complainant also alleges staff handled child in a rough manner causing child to sustain injuries. LPA interviewed complainant on 12/8/21. Complainant confirmed allegations, and in addition stated, she reached out to staff when she saw scratches.

During the course of this investigation, LPA conducted interviews with the complainant, 5 children’s authorized representatives, and 4 staff members. Interviews were further conducted with 2 additional staff members on 1/27/2022. LPA reviewed and obtained the following documentation: Facility Roster, Family Handbook, diaper logs, Children's Records for (C1), Sign In and Sign Out sheets, and Diaper changing Procedure, two screen shot pictures of C1’s injuries dated 10/8/21 and 11/18/21, and C1’s Pediatrician’s medical assessment completed on 11/19/2021.

During record review, LPA observed Diaper changing logs for the week of 10/4/21 to 10/8/21 and for the month of November 2021.

During interviews conducted with staff, Staff # 3 (S3) stated that on 11/18/2021, S3 noticed, on the right side of C1’s bottom, more towards the upper cheek, C1 had some scabbed scratches during diaper changing time. S3 failed to inform anyone once scratches were observed. S1, S2, S3, S5, and S6 stated that C1’s onesies were too tight. S4 stated that on a few occasions, while on the playground, before pick-up time, S4 observed C1’s hand on C1’s mid-back scratching, and playing with the back of her pants. S4 also stated that S4 has applied diaper cream on C1 when redness has been observed during diaper changes, and informed C1’s authorized representative. Director disclosed that on 11/19/2021, she observed C1 scratching C1’s buttocks and stated that C1’s diapers were too small, and were irritating C1. Multiple staff disclosures were made stating diapers are checked and changed every 2 hours, or as needed, and did not observe scratches, but did observed redness on C1’s buttocks. During interview conducted with Pediatrician on 12/8/2021, LPA asked how the Pediatrician thought the injuries occurred, and Pediatrician stated, “C1 could have fallen on something. It looked like someone scratched C1's bottom, or C1 scratched C1's self.” During interviews conducted with 5 children’s authorized representatives, no concerns were shared about the daycare.

Page 2 of 3

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Alanna Gontarek
LICENSING EVALUATOR SIGNATURE:	DATE: 02/22/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/22/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 06-CC-20211202155224

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: LEARNING EXPERIENCE, THE	FACILITY NUMBER: 304371440
	VISIT DATE: 01/27/2022

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

During interviews conducted with 6 Staff, no disclosures were made regarding staff handling day-care children in a rough manner, and stated no teachers were observed to be aggressive with children. LPA asked staff about diaper procedure and staff interviewed stated staff wear gloves during diaper changes. Director stated during today’s visit, 2/22/22, there are always 2 people in each room during transition times.

Based on the information gathered from LPA's observations, interviews conducted, and records reviewed, there is insufficient evidence to corroborate the allegations. 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.

Exit interview was conducted with Director, Nichole Ontiveros.

The Notice of Site Visit was posted. Facility representative was informed that the Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalty of $100. The licensee was provided a copy of their appeal rights (LIC 9058 12/15) and their signature on this form acknowledges receipt of these rights. This report LIC 9099 was provided to the facility representative.

Page 3 of 3

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Alanna Gontarek
LICENSING EVALUATOR SIGNATURE:	DATE: 02/22/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/22/2022

LIC9099 (FAS) - (06/04)

Page: 3 of 3