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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 300603522
Report Date: 01/23/2023
Date Signed: 01/23/2023 12:30:49 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
10/25/2022 and conducted by Evaluator Stella Gutierrez
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20221025154314
FACILITY NAME:GRACE HARBOR CHURCH AND SCHOOLFACILITY NUMBER:
300603522
ADMINISTRATOR:REBEKAH BAYFACILITY TYPE:
850
ADDRESS:12881 NEWPORT AVENUETELEPHONE:
(714) 544-4431
CITY:TUSTINSTATE: CAZIP CODE:
92780
CAPACITY:78CENSUS: 43DATE:
01/23/2023
UNANNOUNCEDTIME BEGAN:
08:40 AM
MET WITH:Rebekah Bay, director TIME COMPLETED:
10:30 AM
ALLEGATION(S):
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Personal Rights -Facility not providing a safe environment for day-care children.
INVESTIGATION FINDINGS:
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On 01/23/2023 Licensing Program Analyst (LPA), Stella Gutierrez made an unannounced visit to the facility for the purpose of delivering findings of complaint received on 10/25/2022. LPA was met by Rebekah Bay who was explained the reason for today’s visit. Census taken today, LPA observed 07 preschool staff and 43 preschool children in care.
A review of the Facility Personnel Report Summary conducted on 01/23/2023 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 10/25/2022 alleging that the facility is not providing a safe environment for day-care children.

On 10/25/2022 the reporting party stated that there is a violent student that is physically assaulting teachers and students at the facility. Page 1 of 4
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Patricia MaganaTELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella GutierrezTELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:

DATE: 01/23/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/23/2023
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-20221025154314
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: GRACE HARBOR CHURCH AND SCHOOL
FACILITY NUMBER: 300603522
VISIT DATE: 01/23/2023
NARRATIVE
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On 10/25/2022 The reporting party stated that there that concerns expressed to the director and administration, and they blatantly refuse to act. On 10/28/2022 LPA was unable to interview the reporting party to obtain additional information, due to complainant not providing contact information.

On 11/03/2022. LPA Gutierrez made an unannounced inspection to the facility regarding the alleged allegation of personal rights of the facility not providing a safe environment for day-care children. During the complaint investigation visit conducted on 11/03/2022, LPA interviewed 7 staff (Staff #1- Staff #7), obtained a copy of the personnel report (LIC 500) and the children’s roster (LIC 9040). On 11/03/2022 prior to the visit to the facility LPA reviewed records for the facility of not reporting the incidents that allegedly occurred at the facility resulting in not providing a safe environment for the children.

On 11/03/2022 Staff #1 (S1) stated the child in question (Child #1) throws sand, rocks, and other objects while at the facility. S1 stated that this happens daily and in one incident S1 had to protect 5 other children from C1 while in a classroom (date unknown) S1 stated that they recall observing C1 kick a staff member, who was pregnant at the time, in the stomach. S1 stated that C1 behavior was a concern and brought it to the director’s attention and nothing was done at the time. S1 said that on an unknown date a staff in the upper management was scratched on the neck and bit so C1 was sent home. The director stated that these incidents were observed by other children in care. S1 stated that the director says that the facility needs to work with C1 and that C1 gets easily agitated. S1 stated that C1 has hurting every single teacher at this facility until they bleed and that it has been going on since the Summer of 2022 and that this is a concern because the other children witnesses these incidents. On 11/03/2022 Staff #3 (S3) stated that C1 causes harm to children and staff. S3 stated that there is no support from the director, and nothing Is done about it. S3 said that this has been going on since July of 2022. On 11/03/2022 Staff #5 (S5) stated that C1 has thrown a chair at staff, hit many children and had thrown objects in the air. When S5 asked for support from the director, the director’s repose was that according to title 22 we must work with C1. S5 stated that C1 is harming others and for the safety of children and staff, something needs to be done.

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SUPERVISOR'S NAME: Patricia MaganaTELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella GutierrezTELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:

DATE: 01/23/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/23/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 06-CC-20221025154314
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: GRACE HARBOR CHURCH AND SCHOOL
FACILITY NUMBER: 300603522
VISIT DATE: 01/23/2023
NARRATIVE
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On 11/03/2022 the director stated that she is working with the family of C1 since 10/28/2022 and the child requires one on one which is not doable due to limited staff. On 11/03/2022 The director stated that an agreement had been made and signed on 10/28/2022 of an arrangement with the family of C1 to utilize Start Well to help meet the needs of C1, but there has been no date set yet. The director stated that there have not been any recent training's for the staff on discipline policy on how to handle this matter. LPA asked the director if the staff have been trained recently given the circumstances of the incidents with C1. On 01/23/2023 The director stated that she acknowledges that the personal rights of the children in the program were being violated due to them witnessing C1 hitting staff and hitting the other children. The director also stated that the staff are taught to use Social Emotional Learning which are color zones to assess feelings and for the staff to acknowledge those feelings. The last training that was provided to staff was an in-service training in March of 2022, but no training's have been provided. All other staff interviewed had no disclosures of the alleged allegation.
On 01/23/2023 The director stated that she acknowledges that the incidents that were witnessed by the other children and staff should have been reported to their local licensing agency.

On 11/03/2022 LPA briefly talked to C1 and was not able to qualify C1 due to being distracted with an activity C1 was provided while in class. On 01/23/2023 LPA was not able to qualify the children in the 3s class due to distractions and limited language abilities.


On 12/16/2022 – 12/28/2022 LPA contacted 11 parents of the children enrolled in the preschool program. On 12/19/2022 Parent #3 (P3) stated that their child has come home with 2 injuries that were not reported to them and that their child comes home. On 12/23/2022 Parent #9 (P9) stated that their child has come home with 2 injuries that were not explained on a written report. On 12/28/2022 Parent #10 (P10) stated that their child was getting hit by another child at the facility and there was a lot of injuries to their child. P10 stated that their child would come home stating that another child kept throwing things at them. On 12/19/2022 Parent #1, #2, #4, #6 and #7 had no disclosers about the alleged allegations. LPA made multiple attempts to contacted Parent #5 and #8, parents were not responsive to voicemail's left.

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SUPERVISOR'S NAME: Patricia MaganaTELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella GutierrezTELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:

DATE: 01/23/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/23/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 06-CC-20221025154314
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: GRACE HARBOR CHURCH AND SCHOOL
FACILITY NUMBER: 300603522
VISIT DATE: 01/23/2023
NARRATIVE
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 Based on statements and information received the allegation of personal rights- that the facility is not providing a safe environment for day-care children 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 facility director did not provide support to the children, parents, and staff by developing an action plan sooner to avoid violating the personal rights of children in care. At this time a plan has been developed by the director and start well for C1, but C1 is not longer enrolled at the facility. This plan of action was implemented by the director after the complaint was received. It was further revealed that the facility did not report multiple incidents that were discussed in the interviews during the investigation to their local licensing office. The following were revealed and are being cited in accordance with California Code of Regulations, Title 22, Division 12, Chapter 1, Section 06 101223 (a) (2) and 101212 (d) (1) (C), are being cited on the attached LIC 809D.
A declaration statement acknowledging the substantiated allegations provided by the director during today's visit.


Exit interview conducted and report was reviewed with the director, Rebekah Bay. 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.


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SUPERVISOR'S NAME: Patricia MaganaTELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella GutierrezTELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:

DATE: 01/23/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/23/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 06-CC-20221025154314
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: GRACE HARBOR CHURCH AND SCHOOL
FACILITY NUMBER: 300603522
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/23/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
02/01/2023
Section Cited
CCR
101223(a)(2)
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101223 Personal Rights(a)The licensee shall ensure that each child is accorded the following personal rights:
(2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.
This requirement was not met as evidence by statements and documents reviewed.
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C1 contract was terminated due to the incidents that occurred at the facility. Since then the facility director has a meeting on today, 01/23/2023 in the PM hours with Child Care TSP Analyst, Susan Du that was organized by the director for personal rights support.
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The facility director did not provide a safe environment for the children in care by not develping a plan for C1 sooner to avoid the personal rights of the children in care having to witness the incidents and getting injured by C1 during the months of July-September 2022. This a risk to the children in care.
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The director provided the email from the TSP Analyst, Susan Du and by 02/01/2023 the director will update the LPA with a plan of action to ensure the personal rights of all children at the facility are in accordance to title 22 moving forward. A declaration provided to LPA today from the director.
Type B
01/30/2023
Section Cited
CCR
101212(d)(1)
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101212 Reporting Requirements
(d) Upon the occurrence, during the operation of the child care center…
(1) Events reported shall include the following: (C)Any unusual incident
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The director agrees to call their local licensing agency immediately reporting the incidents all in one report that involved C1 and the outcome of the child no longer present at the facility. LPA is asking this to be done immediately and a written report (LIC 624) be provided to LPA by the specified date of 01/30/2023.
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This requirement was not met as evidence by records review that the incidents were not reported to the CCLD and is a potential risk to the 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: Patricia MaganaTELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella GutierrezTELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:

DATE: 01/23/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/23/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5