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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 300600295
Report Date: 07/10/2023
Date Signed: 07/10/2023 03:32:03 PM

Substantiated


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
05/01/2023 and conducted by Evaluator Aiddee Nunez
COMPLAINT CONTROL NUMBER: 06-CC-20230501110651
FACILITY NAME:DISCOVERY GARDENS FULLERTON EEELCFACILITY NUMBER:
300600295
ADMINISTRATOR:GREENSPAN, CYNTHIAFACILITY TYPE:
850
ADDRESS:1145 WEST VALENCIA MESATELEPHONE:
(714) 738-1541
CITY:FULLERTONSTATE: CAZIP CODE:
92833
CAPACITY:55CENSUS: 14DATE:
07/10/2023
UNANNOUNCEDTIME BEGAN:
02:25 PM
MET WITH:Director, Cynthia GreenspanTIME COMPLETED:
03:45 PM
ALLEGATION(S):
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Ratio
Qualifications
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPA) Aiddee Nunez conducted an unannounced visit to deliver the findings for the above allegation. Upon arrival LPA met with Director Cynthia Greenspan and LPA toured the facility inside and outside. LPA observed a total of 14 Preschool children with 2 preschool staff.

On 5/01/2023 the Orange County Child Care Office received a complaint alleging Facility is operating out of ratio and Unqualified staff are providing care to day care children without supervision. Reporting Party (RP) stated a teacher was left alone supervising 13 children for about 30-40 minutes and Staff 2 (S2) who does not have any ECE unit was left alone supervising children.

During the investigation on 5/4/2023, LPA and LPM interviewed 6 staff, obtain the facility roaster, and reviewed staff files.
Page 1 out of 2

Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Thuy HoTELEPHONE: (714) 703-2800
LICENSING EVALUATOR NAME: Aiddee NunezTELEPHONE: 714-703-2800
LICENSING EVALUATOR SIGNATURE:

DATE: 07/07/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/07/2023
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-20230501110651
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: DISCOVERY GARDENS FULLERTON EEELC
FACILITY NUMBER: 300600295
VISIT DATE: 07/10/2023
NARRATIVE
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On 5/4/2023 during staff interviews, Staff # 2 (S2) disclosed that during outside playing time when the children need to use the restroom a qualified teacher will take the children to the restroom and S2 will stay alone to supervise about 5-6 children for about 2 to 3 minutes while the qualified teacher takes the children to the restroom inside the classroom. Director stated she did not know that an aide can take children to the restroom; thus she has always asked the teachers to take the children to the restroom. Staff # 6 (S6) also disclosed that during outside playing time, S2 was left alone with the children when qualified teachers take the children to the restroom inside the classroom. During staff files reviewed and interviews, it was determined that S2 does not meet the teacher qualifications and duties. S2 disclosed does not have any early childhood education semester units.


Based on LPA’s reviewing records and interviewing, the preponderance of evidence standard has been met; therefore, the above allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter, is being cited on the attached LIC 9099D for the deficiency section 101216.1(c)(1)(A) Teacher Qualifications and Duties type B and 101216.3 Teacher-Child Ratio type B.

Exit interview was conducted with Director Cynthia Greenspan. Notice of Site Visit was posted during the visit. Director was informed that the notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. Director was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights.

End of Report

Page 2 of 2
SUPERVISOR'S NAME: Thuy HoTELEPHONE: (714) 703-2800
LICENSING EVALUATOR NAME: Aiddee NunezTELEPHONE: 714-703-2800
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
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
05/01/2023 and conducted by Evaluator Aiddee Nunez
COMPLAINT CONTROL NUMBER: 06-CC-20230501110651

FACILITY NAME:DISCOVERY GARDENS FULLERTON EEELCFACILITY NUMBER:
300600295
ADMINISTRATOR:GREENSPAN, CYNTHIAFACILITY TYPE:
850
ADDRESS:1145 WEST VALENCIA MESATELEPHONE:
(714) 738-1541
CITY:FULLERTONSTATE: CAZIP CODE:
92833
CAPACITY:55CENSUS: 14DATE:
07/10/2023
UNANNOUNCEDTIME BEGAN:
02:25 PM
MET WITH:Director, Cynthia GreenspanTIME COMPLETED:
03:45 PM
ALLEGATION(S):
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9
Physical Plant
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPA) Aiddee Nunez conducted an unannounced visit to deliver the findings for the above allegation. Upon arrival LPA met with Director Cynthia Greenspan and toured the facility inside and outside. LPA observed a total of 14 Preschool children with 2 preschool staff.

A review of the Facility Personnel Report Summary on this date indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions. During today’s inspection the facility was operating within its licensed capacity and within compliance of staffing ratios.

Page 1 of 2
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Thuy HoTELEPHONE: (714) 703-2800
LICENSING EVALUATOR NAME: Aiddee NunezTELEPHONE: 714-703-2800
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2023
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 5
Control Number 06-CC-20230501110651
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: DISCOVERY GARDENS FULLERTON EEELC
FACILITY NUMBER: 300600295
VISIT DATE: 07/10/2023
NARRATIVE
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On 5/1/2023 the Orange County Child Care Office received a complaint alleging (1) Outdoor equipment used by day care children is in disrepair. Reporting Party (RP) stated there are wooden child-size chairs outside on the playground that have mold underneath and are falling apart. Children sit on these chairs while eating lunch outside.

During the investigation on 5/4/2023, LPA Nunez and LPM Ho interviewed 6 staff members and inspected the outside furniture and equipment.

During staff interviews on 5/4/2023, 6 staff were interviewed. 6 out 6 staff reported not seeing disrepair furniture and equipment. 5 out 6 staff reported throwing away toys, equipment, or furniture if they saw any disrepairs or mold. During the physical inspection conducting on 5/4/2023, LPA and LPM did not observed any disrepairs or mold on the outside equipment or furniture in the facility.

Based LPA and LPM observations and interviews with staff, there is insufficient evidence to corroborate the allegation of Outdoor equipment used by day care children is in disrepair. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur; therefore, the allegation is unsubstantiated.

Exit interview conducted and report was reviewed with the director Cynthia Greenspan.



Notice of Site Visit was provided to Cynthia Greesnspan and posted on the door. The Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The director 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.


Page 2 of 2
SUPERVISOR'S NAME: Thuy HoTELEPHONE: (714) 703-2800
LICENSING EVALUATOR NAME: Aiddee NunezTELEPHONE: 714-703-2800
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 06-CC-20230501110651
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: DISCOVERY GARDENS FULLERTON EEELC
FACILITY NUMBER: 300600295
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/10/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
07/24/2023
Section Cited
CCR
101216.1(c)(1)(A)
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101216.1 Teacher Qualifications and Duties (c) To be a fully qualified teacher, a teacher shall have one of the following: (1) Twelve post-secondary semester or equivalent quarter units in early childhood education or child development completed, with passing grades, at an accredited or approved college or university; and at least six months of work experience in a licensed child care center or comparable group child care program. (A) The units specified in (c)(1) above shall include courses that cover the general areas of child growth and development, or human growth and development; child, family and community, or child and family; and program/curriculum. This requirement was not met by:
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Director stated S2 will not be alone with the children and will provide a written statement to the LPA by the POC due date via email.
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Based on interviews with staff it has been determined S2 is not a qualified teacher. This poses a potential risk to the health and safety of children in care.
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Type B
07/24/2023
Section Cited
CCR
101216.3(a)
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101216.3 Teacher-Child Ratio (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance...
This requirement is not met as evidenced by.
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Director stated S2 will not be alone with the children and will provide a written statement to the LPA by the POC due date via email.
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Based on interviews, the facility failed to meet the staff-Child ratio. S2 is not qualified to supervise children in care. This poses a potential health and safety risk to 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: Thuy HoTELEPHONE: (714) 703-2800
LICENSING EVALUATOR NAME: Aiddee NunezTELEPHONE: 714-703-2800
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5