304270915-7-13-2023-06-CC-PMAA-CU84SC-20230729192119

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304270915
Report Date: 07/11/2023
Date Signed: 07/13/2023 01:49:08 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
05/09/2023 and conducted by Evaluator Archibaldo Silva

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230509084623

FACILITY NAME:	JESUS' HANDS PRESCHOOL		FACILITY NUMBER:	304270915
ADMINISTRATOR:	CHOI, SOON JA		FACILITY TYPE:	850
ADDRESS:	5621 BEACH BLVD.		TELEPHONE:	(714) 690-1366
CITY:	BUENA PARK	STATE: CA	ZIP CODE:	90621
CAPACITY:	90	CENSUS:	DATE:	07/11/2023
		UNANNOUNCED	TIME BEGAN:	08:00 AM
MET WITH:	Director Soon Ja Choi		TIME COMPLETED:	01:30 PM

ALLEGATION(S):

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staff forced child to nap
staff handled child roughly

INVESTIGATION FINDINGS:

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On 7/11/2023 Licensing Program Analyst (LPA) A. Silva conducted an unannounced complaint investigation inspection visit to deliver finding. This is a continuation of the investigation initiated on 5/12/2023. The LPA met with the Director Soon Ja Choi and informed the director of the purpose of the visit. A review of staff criminal records on this date indicated all facility staff or individuals who require caregiver background checks have received a criminal record clearance and a child abuse index clearance or an exemption clearance.

Allegation(s): staff forced a day care child to nap and staff handled the child in a rough manner.

The Department received a complaint on 5/9/2023 alleging 1) staff forced a day care child to take a nap and 2) staff handled the child in a rough manner.

This report was amended. This report and the amended report were discussed with the licensee.

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 07/11/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023

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-20230509084623

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: JESUS' HANDS PRESCHOOL	FACILITY NUMBER: 304270915
	VISIT DATE: 07/11/2023

NARRATIVE

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LIC 9099 Page 2

Interviews with complainant.
On 5/9/2023, the complainant sent a video clip corroborating the allegations via the Internet through an anonymous account. On 5/10/23, the complainant called LPA from an anonymous line. Beside the footage, no additional information was disclosed by the complainant during the phone call.

Interviews with staff.
On 5/12/2023, all five staff present at the child care center were interviewed with the assistance of interpreters from LanguageLink. Except for Staff 3, all staff identified Staff 1 (S1) as the adult maltreating Child 1 (C1) in the video footage. S3 and S5 admitted that other Jesus’ Hands Preschool staff restrain the children too. S3 stated “But they don't do that always, only when the kids are wild. We try to control them.” S5 claimed to have witnessed other staff physically restraining children. S5 stated that a teacher, who was not identified, trained them to restrain children. S5 admitted involvement in training other staff on how to use the same restraining method to control children. S5 stated that S2 restrains the children as well. Director Soon Ja Choi identified S1 as the adult maltreating C1 in the video footage. The director stated that the events in the video looked worse than how they happened in real life. The director minimized the events and stated that she believed the child had a condition that caused the child’s challenging behavior. The director also stated that teachers restrain the children to prevent them from hurting themselves or getting out of the preschool. The director’s statements were translated by an interpreter from LanguageLink.

Interviews with children.
On 5/18/2023, the LPA attempted to interview seven children. C1, C5, C6, and C7 were not qualified. C1, C5, and C7 were unable to distinguish between true and false statements. C7 was non-verbal. C2 C3, and C4 were qualified. The qualified children did not disclose any corroborating information about the allegations.

Continue on LIC9099 Page 3

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 07/11/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230509084623

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: JESUS' HANDS PRESCHOOL	FACILITY NUMBER: 304270915
	VISIT DATE: 07/11/2023

NARRATIVE

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LIC9099 Page 3

Interviews with Parents.
On 5/22/2023, the LPA called six parents. The parents interviewed on 5/22/23 did not disclose corroborating information about the allegations. On 5/24/23, Parent 1 (P1) called the LPA back and disclosed that the facility administrator had disclosed the allegations and informed them about the investigation going on. On 6/05/2023, P1 called the LPA and disclosed that the facility administrator had shown the footage to P1

Records Review: Video Footage.
On 5/23/2023, LPA reviewed facility video footage provided by the administration of cameras CH06 and CH07 for 05/08/2023. The recording starts at 12:40 pm. The recording depicts the following:

At 12:51:35 S1 approaches child C1 who is sitting at a table. Facing C1, S1 points to a cot. C1 turns away from S1 and picks up something from a container on the table. S1 grabs C1’s arm and pulls away the item from C1’s hand. (CH06 shows the same event from a different angle). S5 and another unidentified staff witness the events.

At 12:52:07 C1 is still sitting down at the table. S1 leans over C1 and picks up by the torso and carries C1 from the chair onto a nearby cot laying down C1 face up. S1 pulls off C1’s shoes. S1 lifts C1 by an arm to pull the blanket from under C1. S1 covers C1 with the blanket and sits on the floor next to the cot where C1 is.

At 12:52:25 C1 takes both arms out from under the blanket. S1 grabs C1’s arms and pushes them against the child’s belly. C1 struggles to escape S1’s grip. S1 holds C1 down on the cot with both arms restrained. S5 watches the events from two cots away.

At 12:52:38 C1’s mouth opens wide as if crying out loud (no audio) as C1 struggle against S1’s restrain. S1 continues to hold and restrain C1 on the cot. C1 begins to shake and wiggle and attempts to roll over to the left and to the right. S1 continues to restrain the child on the cot. S5 walks out of the camera frame.

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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 07/11/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230509084623

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: JESUS' HANDS PRESCHOOL	FACILITY NUMBER: 304270915
	VISIT DATE: 07/11/2023

NARRATIVE

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LIC9099 4

At 12:53:05 C1 kicks the blanket off and uses the knees to push against S1’s arms. S1 pushes C1’s knees down and away, straightening C1’s legs. C1 continues to shake and wiggle with more intensity fighting the restrain. S1 pulls C1’s legs by the ankles and pushes down on C1’s body and the cot to move away from S1, with the child on the cot.

At 12:54:00 C1 attempts to sit up. S1 pushes C1 back on the cot with one hand on the child’s chest. C1 rolls over on the right shoulder, pushes the knees against the cot for support and tries to stand up. C1 is on all fours, supported by knees and hands. S1 grabs C1 by the arms again and C1 falls face down on the cot. The commotion causes the cot to further slide away from S1. S1 pulls the cot back. S1 loosens the grip on C1. C1 lays on the cot without struggling anymore.

Based on the LPA’s observations, interviews and records review, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. A substantiated finding means that the complaint is substantiated, and the allegations are valid because the preponderance of the evidence standard has been met. Citations of the California Code of Regulations Title 22, Division 12, Sections 101223(a)(3) Personal Rights are documented in the attached LIC9099D.

LPA A. Silva informed licensee Soon Ja Choi that this licensing report dated 7/11/23 documents one “Type A” citation(s). Type A citation(s) must be posted for 30 consecutive days during the hours that children are in care as there is/are immediate risk(s) to the health, safety, or personal rights of children in care. LPA A. Silva further informed licensee Soon Ja Choi that:
1. A copy of this licensing report must be provided to parents or guardians of all clients currently enrolled by the next business day or by the next day the children are in care.
2. A copy of this report must be provided to the parents or guardians of all newly enrolled clients for 12 months from the date of this report.
3. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224) form, or another written equivalent statement, must be placed in the child's file for verification of receipt of the report.

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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 07/11/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230509084623

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: JESUS' HANDS PRESCHOOL	FACILITY NUMBER: 304270915
	VISIT DATE: 07/11/2023

NARRATIVE

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LIC9099 Page 5

Exit interview was conducted with Director Soon Ja Choi. Office Assistant Eun Choi was present during the exit interview. Five LanguageLinks interpreters were called during the exit interview to help translate the report to Korean. However, the director stated she didn’t understand the interpreters’ translation. Eun Choi stated that the translations were inaccurate. The last two interpreters mistaken physical restrain as a restraining order. Per the director’s request, Office Assistant Eun Choi translated the report without a LanguageLink interpreter present. The LPA read the report and Eun Choi translated, sentence by sentence. 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 it will result in civil penalties of $100. The director was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this report acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above.

This report and the amended report were discussed with the licensee.

End of report.

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 07/11/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230509084623

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: JESUS' HANDS PRESCHOOL	FACILITY NUMBER: 304270915
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 07/11/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 07/12/2023 Section Cited CCR 101223	1 2 3 4 5 6 7	101223 Personal Rights: The licensee shall ensure that each child is accorded the following personal rights... The licensee did not comply with the above regulation as evidenced by:	1 2 3 4 5 6 7	The director stated she will provide table activities to children who don't want to nap. Director stated she held a meeting to refresh personal right and she will also hold a monthly meeting with all staff. New staff will be trained by the director and ensure teacher complete mandated reporter.
	8 9 10 11 12 13 14	Based on interviews and video, the licensee did not comply with the above regulation in one out of forty children enrolled, which poses an immediate risk to the health, safety, and personal rights of clients in care. Video shows S1 restraining C1 in a cot while C1 fights to get up.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 07/11/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023

LIC9099 (FAS) - (06/04)

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