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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371444
Report Date: 01/24/2022
Date Signed: 01/24/2022 11:24:25 AM



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
12/01/2021 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20211201105025
FACILITY NAME:MERRY HIVEFACILITY NUMBER:
304371444
ADMINISTRATOR:MELNIK, SVETLANAFACILITY TYPE:
850
ADDRESS:23802 AVENIDA DE LA CARLOTATELEPHONE:
(714) 872-3008
CITY:LAGUNA HILLSSTATE: CAZIP CODE:
92653
CAPACITY:30CENSUS: 7DATE:
01/24/2022
UNANNOUNCEDTIME BEGAN:
08:00 AM
MET WITH:Veronica AlvarezTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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Sick children are accepted to day care
Children get sick due to food is prepared at home and does not handle well
INVESTIGATION FINDINGS:
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On 1/24/22 Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation which had been started on 12/7/21 regarding the above allegations. LPA met with staff in charge Veronica Alvarez. The Covid-19 Emergency Response questionnaire was reviewed and answered. LPA observed 7 preschool children with two staff including Ms. Alvarez. 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.
Our office has received an anonymous complaint regarding the above allegations. According to complaint report, it was alleged that children become sick because children at this day care are accepted while sick. It was stated that child # 1 had 101 F fever last week of November 2011 and the child was still at the facility until 4:00 pm. Child # 2, Child # 3, and two other children had Hand, Foot, and Mouth disease and
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 01/24/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2022
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 8
Control Number 06-CC-20211201105025
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: MERRY HIVE
FACILITY NUMBER: 304371444
VISIT DATE: 01/24/2022
NARRATIVE
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they were still attending the day care. It was stated two children got sick due to food made by staff # 1 and was not kept in the refrigerator.

On 12/7/2021 LPA interviewed the director and two other available staff. LPA contacted the Translation Agency over the phone for interpretation interview of one staff whose native language was not English. According to staff # 1, she prepares home made food and brings it to school while hot in each morning about 9:00 am and they eat the food around 11:30 am. She does not keep the hot meal in the refrigerator to get cold and then re-heat it. She prefers children eat it fresh made. Staff # 1 stated no children got sick from food made here. Parents would have informed her if the children were food poisoning. Staff # 1 stated she used all organic food for the meal preparation. Staff # 1 stated children's temperature is taken when they arrive at school and they watch children's health during their stay. Staff # 1 stated child # 1 became sick around noon while at school when staff took the child's temperature on 11/23/21. Staff # 1 stated she called child # 1's representative and the child was picked up at 1:50 pm. The sign in/out documents verified the time of sign in and out for the child for that specific date. She said the child was isolated. I heard child # 2 became sick during Thanksgiving Holidays due to runny nose and fever. Child # 3 was out on 11/16, 11/17, 11/18, 11/19/21 and still out due to sickness and vacation. Chid #4 was out 11/24/to 11/29/21. I saw some rashes on child # 5's legs and called the child's parent. Then I heard the child had Hand, Foot, and Mouth Disease. Child was out from 11/24 and still out in December. Children get sick over the week end. School cannot be blamed when children get sick. Children go to different places when they are not at school. Sometimes the parents inform us what kind of disease their child had and sometimes they don't. Child # 6's parent called me and informed me child was sick over the week end. Child was out from 11/24 to 11/31/21. LPA reviewed the sign in/out sheets for the above children and verified the children were not present at the facility when staff # 1 stated that they were sick. Staff # 2 stated food is made by staff # 1 and they all eat the food with children. They have not heard any body become sick of the food they eat at school. Staff # 2 stated some children got Hand, Foot, and Mouth Disease lately but not all at the same time. When a child does not feel well, child is isolated and is sent home. Some parents report children get sick over the weekend. Children who become sick, they do not come to school until they are free from fever. I have not seen that H, F, and Mouth Disease in children while attending. I remember child # 1 had temperature during lunch time on 11/23/21. Staff # 1
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SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 01/24/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 8
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
12/01/2021 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20211201105025

FACILITY NAME:MERRY HIVEFACILITY NUMBER:
304371444
ADMINISTRATOR:MELNIK, SVETLANAFACILITY TYPE:
850
ADDRESS:23802 AVENIDA DE LA CARLOTATELEPHONE:
(714) 872-3008
CITY:LAGUNA HILLSSTATE: CAZIP CODE:
92653
CAPACITY:25CENSUS: 7DATE:
01/24/2022
UNANNOUNCEDTIME BEGAN:
08:00 AM
MET WITH:Veronica AlvarezTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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Menu is not followed.
Parent handbook (contract) has not been given to parents.
INVESTIGATION FINDINGS:
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Page 1 of 2

On 1/24/22 Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation which had been started on 12/7/21 regarding the above allegations. LPA met with staff in charge, Veronica Alvarez. Covid-19 Emergency Response questionnaire was reviewed and answered. LPA observed 7 preschool children with 2 staff including Ms. Alvarez. 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.
Our office has received an anonymous complaint regarding the above allegations. According to complaint report, it was alleged the menu is not what they give to children. It was also reported that no parents have signed the contract for their child. No parents have signed any contract with this facility.
Continued on page 2
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 01/24/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2022
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 8
Control Number 06-CC-20211201105025
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: MERRY HIVE
FACILITY NUMBER: 304371444
VISIT DATE: 01/24/2022
NARRATIVE
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On 12/7/2021 LPA interviewed the director and two other available staff. LPA contacted the Translation Agency over the phone for interpretation interview of one staff whose native language was not English. According to staff # 1, she prepares home made food for children. She makes soup of different vegetables most of the time because children love soup. LPA checked the menu for the day of 12/7/21 and learned the menu for that day was egg sandwich for lunch but vegetable soup was prepared to serve. LPA observed the pot of warm soup in the kitchen. Staff # 1 admitted that she does not follow the menu as she is supposed to. She makes soup for children because children eat that better. Staff # 2 and staff # 3 stated they eat soup most of the time for main dish.

Regarding the allegation of parent hand book not given to the parents. LPA randomly reviewed 20 children's files to check for signed parent/handbook by parents. Out of 20 files reviewed, 3 files did not have a copy of parent handbook on file, and 4 other ones did not have any signatures on the copy of the parents' handbook.
Based on LPA's interviews which were conducted with 3 staff, reviewing 20 children's files, and LPA's observation of the menu which was not followed, the preponderance of evidence standard has been met, therefore the allegations of “Menu is not followed, and Parent handbook (contract) has not been given to parents are found to be SUBSTANTIATED.
California Code of Regulations, Title 22, Division & Chapter 12, Section 101227(6) Food Services and section 101219(c)- Admission Agreement are being cited on the attached LIC 9099D.

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. The licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted with Ms. Alvarez.
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 01/24/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 8
Control Number 06-CC-20211201105025
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: MERRY HIVE
FACILITY NUMBER: 304371444
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/24/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
01/27/2022
Section Cited
CCR
101227(6)
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101227(6) Food Services- Menus shall be in writing and shall be posted at least one week in advance in an area accessible for review by the child's authorized representative. Copies of the menus as served shall be dated and kept on file for at least 30 days. Menus shall be made available for review by the child's authorized representative and the Department
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The facility representative agreed to send a statement to verify following menu posted at the facility. The plan of correction will be sent to our office by the due date of 1/27/2022.
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upon request. This requirement was not met as evidenced by staff # 1's admission that she has not following the menu and LPA's observation that the menu stated egg sandwich for lunch and vegetable soup was served on 12/7/21. This is a potential risk to the health and safety of children in care.
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Type B
01/27/2022
Section Cited
CCR
101219(c)
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101219(c) Admission Agreement- The licensee, or his/her designee, and the child's authorized representative shall sign and date the child's admission agreement no later than seven calendar days following admission. This requirement was not met as evidenced
by reviewing 20 children's files, finding 7 files
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The facility representative agreed to send a statement to verify a copy of admission agreement will be part of enrollment packet and will be signed by parents and will be placed in each child's file at the facility. The plan of correction will be sent to our office by the due date of 1/27/2022.
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did not have either a copy of the contract or did not have signature of the parents on file. This is a potential risk to the health and safety of children in care.
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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 LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 01/24/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 8
Control Number 06-CC-20211201105025
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: MERRY HIVE
FACILITY NUMBER: 304371444
VISIT DATE: 01/24/2022
NARRATIVE
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called the parent and child was isolated and was picked up. Child # 1 did not come to school for few days. Staff # 3 stated they don't allow sick children to come to school. They take their temperature at arrival time. If children get sick during the school time, they call the child's parent and they isolate the sick child. I have not seen children with H, F, and Mouth Disease in here. Parents don't bring their children to school and sometimes they tell us if their children were diagnosed with any disease. Staff # 3 continued that the facility provides snacks and lunch for children. Staff # 1 makes soup for children. Children like soup very much. The soup is with vegetables. We all eat the same food. It is tricky if we blame food in here for children becoming sick. Children might get sick due to different reasons. LPA observed that children's temperatures are taken and logged daily. 11 parents were contacted and they did not disclose any negative feed back. LPA inspected the refrigerator and observed fresh fruits, vegetables, and other food items which were not expired kept covered in there. LPA also observed a pot of vegetable warm soup in the kitchen for children's lunch at 9:30 am on 12/7/21.

Based on the interviews conducted with the total of 3 staff, one adult, obtaining information and documents from the sign in/out sheets, contact with 11 children's representatives, and LPA's observation, there is not enough proof or evidence to support the above allegations. This agency has investigated the complaint alleging "Sick children are accepted to day care, and children get sick due to food is prepared at home and does not handle well"; 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. The licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.

Exit interview was conducted with Ms. Alvarez.
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 01/24/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2022
LIC9099 (FAS) - (06/04)
Page: 8 of 8