304312394-3-22-2023-06-CC-JHAN-CQRMVR-20230410095707

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304312394
Report Date: 03/22/2023
Date Signed: 03/22/2023 03:34:56 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
01/13/2023 and conducted by Evaluator Carmen Odom

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230113115717

FACILITY NAME:	HERNANDEZ, ASCBETH ESPERANZA		FACILITY NUMBER:	304312394
ADMINISTRATOR:	HERNANDEZ, ASCBETH		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(714) 415-9125
CITY:	ANAHEIM	STATE: CA	ZIP CODE:	92805
CAPACITY:	14	CENSUS: 2	DATE:	03/22/2023
		UNANNOUNCED	TIME BEGAN:	02:45 PM
MET WITH:	Ascbeth Esperanza Hernandez		TIME COMPLETED:	04:00 PM

ALLEGATION(S):

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Day Care child was sexually abused by adult in the home while in care.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Odom conducted an unannounced complaint inspection for the purpose of delivering complaint findings for the complaint investigation that was conducted by Investigations Branch, Investigator Thomas Smith. This is a continuation of the investigation initiated on 01/17/2023. At 2:45pm Assistant took LPA on a facility tour. Licensee was picking up a school age child. Licensee arrived at 3:05pm with 1 school age child. LPA observed licensee and 1 assistant caring for 2 preschool age children and 1 school age child in the childcare area. Licensee stated, assistant (spouse) was not at the childcare facility, they went to pick up a school age child.

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.

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Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:	DATE: 03/22/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/22/2023

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-20230113115717

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: HERNANDEZ, ASCBETH ESPERANZA	FACILITY NUMBER: 304312394
	VISIT DATE: 03/22/2023

NARRATIVE

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During the investigation, Investigator Smith along with Detective Carney from the Anaheim Police Department interviewed complaining party, licensee, 2 staff, 4 children, 7 parents, and obtained police report. Complainant alleged Staff #1 (S1) inappropriately touched daycare child. Complainant party (CP) stated, Child #1(C1) disclosed to CP, that on different occasions during transportation from school S1 touched C1 on the leg and private area. CP removed C1 from the childcare facility.

During the investigation, C1 gave a statement to the Anaheim PD on 1/17/23 and during a forensic interview on 1/23/23. C1 stated that on a few occasions S1 would physically touch C1’s inner lower leg while S1 would transport C1 from school. C1 also disclosed that S1 touched C1 on their private area when C1 was 4-5 years old. C1 stated it made them feel uncomfortable and C1 told S1 to stop. C1 disclosed the times that S1 would touch C1 they were alone in the vehicle. C1 disclosed they had witnessed S1 physically harm three other daycare children. Detective Carney interviewed all three children who denied S1 hit them or inappropriately touch them while in care.

Investigator Smith interviewed Licensee on 1/30/23. Licensee (S2) stated S1 primary duties in the childcare are transporting school age children from school to the childcare facility. On occasion parents will request for morning transportation. Currently S1 was transporting 7 school age children at different times. S2 disclosed that there have been a few times for a short period of time, that S2 had to leave S1 supervising C1 and other children when parents were running late to pick up and S2 had to attend an evening appointment. S2 stated they have never observed S1 inappropriately touch or physically hurt any child in care.

Investigator Smith interviewed 2 Staff on 1/30/23, Staff #1 (S1) stated they currently transport around 7 school age children, and the day and hours vary depending on if parents pick the children up from school. S1 also assist with meals and supervising the children for a short period of time during diaper change or when playing soccer in the front yard. S1 disclosed C1 was one of the children they would transport from school. S1 stated there were times they were alone in the vehicle or with other children. The children always sat in the backseat and there were times when C1 would kick the back of the driver seat and S1 would tell C1 not to kick the seat, but S1 stated they never touched C1. S1 disclosed on occasion for a short period of time when parents were running late and S2 had to leave to an appointment S1 would supervise the childcare children. S1 denied the allegation.
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SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:	DATE: 03/22/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/22/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230113115717

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: HERNANDEZ, ASCBETH ESPERANZA	FACILITY NUMBER: 304312394
	VISIT DATE: 03/22/2023

NARRATIVE

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Staff #3 (S3) stated they have worked full-time during the week for the past 2 years. S3 stated they have never observed S1 inappropriately touch or physically harm any child in care. If a child is not behaving, staff will speak with the child. None of the school age children have ever told S3 of any incidents that occurred during transport.

Investigator Smith and Detective Carney interviewed 7 parents. None of the parents disclosed any concerns regarding S1 physically or sexually abusing their children. All the parents felt comfortable leaving their children in the childcare facility.

During the investigation, Investigator Smith was in contact with Detective Carney from Anaheim PD. Detective informed Investigator that the Orange County District Attorney’s Office and City Attorney’s Office both declined to prosecute for Lack of evidence or corroboration.

Based on the investigation conducted by this agency, interviews conducted with complainant party, Licensee, 2 staff, 4 children, 7 parents, in addition to, Anaheim PD’s investigation, it was determined there was insufficient evidence that S1 had inappropriate interactions with C1. 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 Licensee, Ascbeth Hernandez. Notice of Site Visit was posted during the visit. Licensee 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. Licensee was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First level appeals should be sent to the Regional Manager to the address listed above.

SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:	DATE: 03/22/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/22/2023

LIC9099 (FAS) - (06/04)

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