304313087-9-5-2024-06-CC-JHAN-D9EUSD-20240924155008

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304313087
Report Date: 09/05/2024
Date Signed: 09/05/2024 04:00:55 PM

Unsubstantiated

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
08/16/2024 and conducted by Evaluator Vivian Trinh

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20240816112646

FACILITY NAME:	VIVAR, LIZETH		FACILITY NUMBER:	304313087
ADMINISTRATOR:	VIVAR, LIZETH		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(714) 326-7790
CITY:	GARDEN GROVE	STATE: CA	ZIP CODE:	92840
CAPACITY:	14	CENSUS: 7	DATE:	09/05/2024
		UNANNOUNCED	TIME BEGAN:	02:55 PM
MET WITH:	Vivar, Lizeth (Licensee)		TIME COMPLETED:	04:15 PM

ALLEGATION(S):

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Staff handle day care children in a rough manner while in care.
Licensee does not ensure that day care children's needs are attended to while in care.
Staff are inappropriately restraining day care child(ren) while in care.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Vivian Trinh conducted an unannounced complaint visit to deliver the complaint findings. This is a continuation of the investigation initiated on 8/20/24, LPA met with Licensee, Vivar, Lizeth and informed the licensee of the purpose of the visit. The licensee guided LPA on a tour of the facility and a census was taken. The overall census observed was 2 staff members and 7 children.
A review of staff criminal clearance records on this date indicates that all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.
On 8/16/24, the Department received a complaint filed with the Licensing Office alleging that are (1) Staff handle day care children in a rough manner while in care. (2) Licensee does not ensure that day care children's needs are attended to while in care. (3) Staff are inappropriately restraining day care child(ren) while in care. Reporting Party (RP) stated overhead Child #1 (C1) were talking to grandmother about C1 daycare. The RP states does not know does C1 is still longer wants to attend the childcare.
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Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Vivian Trinh
LICENSING EVALUATOR SIGNATURE:	DATE: 09/05/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/05/2024

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-20240816112646

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: VIVAR, LIZETH	FACILITY NUMBER: 304313087
	VISIT DATE: 09/05/2024

NARRATIVE

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The Reporting Party (RP) stated that the RP was informed by C1 about alarming incidents. RP was told that Staff #1 (S1) were literally throwing children into playpens and allowing them to cry for extended periods. C1 particularly distressing, that was It was S1 strapped C1’s younger sibling down with a rag or blanket, almost like a straight jacket, and placed C1’s sibling in a playpen to cry.

During the investigation, LPA Trinh interviewed RP, 2 staff members, 1 child, and attempted to more children due to non-verbal, and 5 parents, and reviewed records, Personnel Report.
Regarding allegations (1) Staff handle day care children in a rough manner while in care. (2) Licensee does not ensure that day care children's needs are attended to while in care. (3) Staff are inappropriately restraining day care child(ren) while in care.

During the investigation on 8/20/2024. LPA interviewed 2 staff members, 2 out of 2 staff stated they have not witnessed a staff handle day care children in a rough manner while in care. Staff 1 (S1) stated will make an effort to communicate regularly with the children, Staff always give verbal warning and if the behavior continues, will talk to the child then S1 will talk to the parents if it behavior continues.

Regarding allegations (2) Licensee does not ensure that day care children's needs are attended to while in care.

During the investigation on 8/20/2024, LPA interviewed 2 staff members, 2 out of 2 staff stated they have not witnessed S1does not ensure that day care children's needs are attended to while in care. All staff stated, when a child need attention, All staffs get their attention right away when they call my name or cry from any child in day-care. In addition, All staffs give them a hug ask them “do they need anything else make them feel better now”

Regarding allegations (3) Staff are inappropriately restraining day care child(ren) while in care.
During the investigation on 8/20/2024, LPA interviewed 2 staff members, 2 out of 2 staff stated they have not witnessed S1 restraining day care children while in care. All Staff stated will provide all the care attention to children while they are in care.
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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Vivian Trinh
LICENSING EVALUATOR SIGNATURE:	DATE: 09/05/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/05/2024

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 06-CC-20240816112646

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: VIVAR, LIZETH	FACILITY NUMBER: 304313087
	VISIT DATE: 09/05/2024

NARRATIVE

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On August 21, 2024, LPA Trinh interviewed 1 child. LPA attempted to interview 4 children. 1 child qualified for the interview. The Interview child like the facility. The other 3 children did not qualify.
On August 21, 2024, LPA Trinh interviewed 5 parents. None of the parents interviewed disclosed information that could support the allegations. All interviewed parents stated they did not have any concerns with the facility.

Based on the information gathered from LPAs’ interviews, observation, and the reviewing of records, there is insufficient evidence to corroborate the allegations: Staff handle day care children in a rough manner while in care. Licensee does not ensure that day care children's needs are attended to while in care. Staff are inappropriately restraining day care child(ren) while in care. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the allegations did or did not occur in the day-care facility, therefore the allegations are UNSUBSTANTIATED.

An exit interview was completed. The report was reviewed and discussed. Appeal Rights were provided. The Licensee was provided a copy of their appeal rights and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Licensing office within 15 business days. Any proposed changes to the physical plant, including telephone number, shall be immediately reported to the Department.

The 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 $100.00. The “Notice of Site Visit” must be posted on or adjacent to the door.

End of the Report.

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Vivian Trinh
LICENSING EVALUATOR SIGNATURE:	DATE: 09/05/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/05/2024

LIC9099 (FAS) - (06/04)

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