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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304312509
Report Date: 01/09/2025
Date Signed: 01/09/2025 02:41:04 PM

Unsubstantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 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
10/30/2024 and conducted by Evaluator Archibaldo Silva
COMPLAINT CONTROL NUMBER: 06-CC-20241030150448
FACILITY NAME:RIOS, BELINAFACILITY NUMBER:
304312509
ADMINISTRATOR:RIOS, BELINAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(714) 499-7415
CITY:BUENA PARKSTATE: CAZIP CODE:
90621
CAPACITY:14CENSUS: 7DATE:
01/09/2025
UNANNOUNCEDTIME BEGAN:
01:15 PM
MET WITH:TIME COMPLETED:
03:00 PM
ALLEGATION(S):
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The licensee kicked the children to wake them up for breakfast.
Forced the children to eat, spoke inappropriately when children were present.
Put the children in the garage and threw away their belongings.
INVESTIGATION FINDINGS:
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On 1/9/2025 Licensing Program Analyst (LPA) A. Silva conducted an unannounced complaint investigation. This is a continuation of the investigation initiated on 11/8/2024. Upon arrival, the LPA met with Belina Rios who was informed of the purpose of the visit. A review of the Facility Personnel Report Summary shows 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. The census at the time of the visit was 7 school age children.

The Department received a complaint on 10/30/2024 alleging the licensee kicked the children to wake them up for breakfast, forced the children to eat, spoke inappropriately when children were present, put the children in the garage, and threw away their belongings. The Reporting Party (RP) stated the following: when the children did not wake up to have breakfast, the licensee would kick them to wake up to have breakfast; children were forced to drink milk and eat food the licensee made or they would not receive play time; licensee made inappropriate comment in front of the children; and licensee disciplined the children by putting them in the garage.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 01/09/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/09/2025
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 4
Control Number 06-CC-20241030150448
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: RIOS, BELINA
FACILITY NUMBER: 304312509
VISIT DATE: 01/09/2025
NARRATIVE
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On 12/19/24, the LPA tried to contact the reporting party (RP) to ask for additional details about the allegations. The LPA was unable to reach the RP or leave a message. An interview with the RP was not possible.

On 12/13/2024, the LPA called seven parents requesting an interview. Parents P3 and P5 were reached. The parents interviewed did not provide any information to dismiss or corroborate any of the allegations. The rest of the parents could not be reached or did not reply to the Department’s request for information.

Allegation: The licensee kicked children to wake them up.

On 11/19/2024, the LPA interviewed five daycare children. Four children qualified for the interview. None of the children provided information to corroborate the allegation. When discussing nap time, child #1 (C1) said the licensee “put a lullaby and provided beds and a sheet” and stuffed animals. C3 said they lay down in a “little bed for each child” and nap for about two hours. When asked what happens when it’s time to wake up and get up, C1 said, “They stop the music, they put on a movie, and we get a snack.” C3 said “We watch a movie, and we eat snacks. They say wake up, it’s time.” The rest of the children said they don’t nap at the daycare because they are at school in the morning or in summer time.

On 12/19/24 the LPA interviewed daycare staff. Staff #1 (S1) stated that no one kicks the children or the children’s mats to wake them up. S1 stated the children are called “up, up, up” when it is time to get up. When asked why someone said the adults kick children to wake them up, S2 said “I have never seen any of that. We never do that. The only thing we do is to ask them to get up.” S1 and S2 explained the daycare serves mostly school-age children who only nap during summer break if they are in care most of the day. S1 stated the daycare has served school-age children only for the past year, and one infant occasionally.

Allegation: The licensee forces children to eat food made in the facility.

On 11/19/2024, the LPA interviewed five daycare children. Four children qualified for the interview. When discussing food and eating at the daycare, C1 said, “They just say I need to say when I don’t want my food… and I stay there without eating.” C2 said, “They say to eat all the food; if we don’t want to eat, they say okay don’t eat.” C3 said no one has been mean to them when they don’t eat their food. None of the children provided any information that corroborates the allegation.

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 01/09/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/09/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 06-CC-20241030150448
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: RIOS, BELINA
FACILITY NUMBER: 304312509
VISIT DATE: 01/09/2025
NARRATIVE
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On 12/19/24 the LPA interviewed daycare staff. S1 and S2 denied the allegation was true. S1 said they don’t force children to eat and stated, “If they don’t want to eat, I leave them alone and tell their parents, but I never force the child.” S2 stated they give children options. S2 said, “For example, if we are giving them bananas, I ask do you want the whole banana or half of the banana … They are comfortable with how I give them choices.” S1 disclosed that the daycare is enrolled in a food program that monitors feeding practices at the daycare and provides technical assistance and resources for feeding children.

Allegation: The licensee speaks inappropriately when children are present

On 11/19/2024, the LPA interviewed five daycare children. Four children qualified for the interview. None of the children provided information to corroborate this allegation. The LPA asked the children if anything made them sad or scared them in the daycare. The children said nothing made them sad or said something unrelated to the allegations made them sad. When asked if anyone is mean to them at the daycare, all the children said no one is mean to them at the daycare. C1 said they had no complaints about the daycare and stated the licensee was “nice.” C2 disclosed that they liked the daycare, and C3 disclosed they liked the daycare because the licensee “helped with homework.”

On 12/19/24 the LPA interviewed daycare staff. S1 said “I have never … I don’t know their lives … I have never gotten involved” when asked about the allegation. S2 said, “No, I don’t do that in front of my children” referring to the daycare children. S1 and S2 denied the allegation happened.

Allegation: The licensee put children in the garage and threw their belongings away.

On 11/19/2024, the LPA interviewed five daycare children. Four children qualified for the interview. The LPA asked the children if anything made them sad or scared them in the daycare. The children said no or said something unrelated to the allegations made them sad. When asked if anyone is mean to them at the daycare, all the children said no one is mean to them at the daycare. C1 said they had no complaints about the daycare and stated the licensee was “nice.” C2 disclosed that they liked the daycare, and C3 disclosed they liked the daycare because the licensee “helped with homework.”

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 01/09/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/09/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 06-CC-20241030150448
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: RIOS, BELINA
FACILITY NUMBER: 304312509
VISIT DATE: 01/09/2025
NARRATIVE
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On 12/19/2024, the LPA interviewed daycare staff. Both staff denied the allegation. S1 said the children are aware that the garage is off-limits, and the door is kept locked when children are in care. S2 also stated that the garage door is locked and the garage off-limits. S2 stated they know punishing children by forcing them in the garage is prohibited and penalized severely. S1 and S2 stated they never threw away the children’s belongings.

Based on the interviews conducted, the preponderance of evidence standard has not been met. Although the allegations that the licensee kicked the children to wake them up for breakfast, forced the children to eat, spoke inappropriately when children were present, put the children in the garage, and threw away their belongings may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated.

An exit interview was conducted with Belina Rios. The Notice of Site Visit was posted during the visit. The 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. The director 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.

END.

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 01/09/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/09/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 4