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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304370256
Report Date: 09/06/2023
Date Signed: 09/06/2023 12:06:54 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
06/27/2023 and conducted by Evaluator Patricia Duron
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20230627140720
FACILITY NAME:TUTOR TIME CHILD CARE/LEARNING CENTERFACILITY NUMBER:
304370256
ADMINISTRATOR:MARY JOY HILSABECKFACILITY TYPE:
850
ADDRESS:24291 AVILA ROADTELEPHONE:
(949) 831-8887
CITY:LAGUNA NIGUELSTATE: CAZIP CODE:
92677
CAPACITY:194CENSUS: 59DATE:
09/06/2023
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Marlo Enriquez, Assistant Director TIME COMPLETED:
11:45 AM
ALLEGATION(S):
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Staff handled day-care child in a rough manner.
Staff pinned child down with an object.
Facility did not notify parent of an incident.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Patricia Duron conducted an unannounced complaint visit to deliver the complaint findings. LPA met with Assistant Director, Marlo Enriquez. Census was taken. The overall census observed was 12 staff and 59 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 6/27/23 a complaint was filed with the Licensing office stating Staff handled day-car child in a rough manner,Staff pinned child down with an object, and Facility did not notify parent of an incident. Reporting Party (RP) stated a staff pinned a child down with a broom stick. RP also stated the school did not notify parents of the incident.
During the course of investigation, LPA interviewed 4 staff members, 3 children, 4 parents, and reviewed records.
Page 1 of 2.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 09/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/06/2023
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-20230627140720
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: TUTOR TIME CHILD CARE/LEARNING CENTER
FACILITY NUMBER: 304370256
VISIT DATE: 09/06/2023
NARRATIVE
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During the staff interview, LPA Duron discovered that the incident was already being investigated in the previous report dated 7/14/2023 which stated on April 20, 2023, Staff #6 (S6) was holding a broom in their hand and stood over a child in care as the child laid on the grass. Director disclosed management reviewed the video footage which was available for 48 hours only and observed S6 had a broom in their hand as S6 was standing over the child who was laying on the grass. Management immediately terminated S6 from employment and reported the incident to the Licensing office. Director stated they informed the subject child’s parent about the incident. LPA requested to review the documentation proving the incident was sent to the subject child’s parent. Director stated they verbally informed the parent and was unable to provide any written documentation sent to the subject child’s parent.

LPA Duron interviewed 3 children. All 3 interviewed children did not make any disclosure.



LPA Duron interviewed 4 parents. 4 out of 4 parents did not have any concern with facility.

Based on information gathered from LPA’s interviews and reviewing records, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1 Section 101212 (f) Reporting Requirement was being cited only as Section 101223(a)(1) and 101223(a)(3) Personal Rights were already being cited on 7/14/2023. Please refer to attached 9099D for documentation of deficiencies.



An exit interview was completed. The report was reviewed and discussed. Appeal Rights were provided. Deficiencies were discussed. The facility representative 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 facility representative 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.

Page 2 of 2. End of Report.

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 09/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/06/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5
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
06/27/2023 and conducted by Evaluator Patricia Duron
COMPLAINT CONTROL NUMBER: 06-CC-20230627140720

FACILITY NAME:TUTOR TIME CHILD CARE/LEARNING CENTERFACILITY NUMBER:
304370256
ADMINISTRATOR:MARY JOY HILSABECKFACILITY TYPE:
850
ADDRESS:24291 AVILA ROADTELEPHONE:
(949) 831-8887
CITY:LAGUNA NIGUELSTATE: CAZIP CODE:
92677
CAPACITY:194CENSUS: DATE:
09/06/2023
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Marlo Enriquez, Assistant Director TIME COMPLETED:
11:45 AM
ALLEGATION(S):
1
2
3
4
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9
Staff spat on a child in care.
Staff yelled at a child in care.
Staff locked a day-care child in a bathroom.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Patricia Duron conducted an unannounced complaint visit to deliver the complaint findings. LPA met with assistant director, Marlo Enriquez. Census was taken. The overall census observed was 12 staff and 59 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 6/27/23 a complaint was filed with the Licensing office stating staff spat on a child in care, Staff yelled at a child in care, and Staff locked a day-care child in a bathroom. Reporting Party (RP) stated that a staff member witnessed a teacher was yelling at a child, locking a child in the bathroom in the dark, and spitting on a child.
During the course of investigation, LPA interviewed 4 staff, 4 parents, 3 children and reviewed records.

Page 1 of 2.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 09/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/06/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 06-CC-20230627140720
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: TUTOR TIME CHILD CARE/LEARNING CENTER
FACILITY NUMBER: 304370256
VISIT DATE: 09/06/2023
NARRATIVE
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LPA interviewed staff, 4 out of 4 staff interviewed denied witnessing any staff spatted, yelled, or locked any day care child in the bathroom. Interviewed staff stated they talk to the child, and re-direct them. Staff stated if challenging behavior continue they inform the director. The director will speak to the parent and sometimes the staff will speak to the parent about child's behavior too.

LPA Duron interviewed 3 children and all 3 children did not make any disclosure.

LPA Duron interviewed 3 parents. 4 out of 4 parents did not have any concern with facility.

Based on the information gathered from LPAs’ interviews, observation, and reviewing records, there is insufficient evidence to corroborate the allegations of staff spat on a child in care, staff yelled at a child in care, staff locked a day-care child in a bathroom. 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 facility representative 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 facility representative 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.

Page 2 of 2. End of Report.

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 09/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/06/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 06-CC-20230627140720
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: TUTOR TIME CHILD CARE/LEARNING CENTER
FACILITY NUMBER: 304370256
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/06/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
09/06/2023
Section Cited
CCR
101212(f)
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101212(f) Reporting Requirements
The items specified in (d)(1)(A) through (H) above shall also be reported to the child's authorized representative.This requirement is not met as evidenced by:
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On 9/6/23 Assistant Director provided LPA with a written statement stating the facility will notify the parent/authorized representative with an incident/observation report that is signed by the teacher, administrator and parent when an injury or incident that occurs at the facility.
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Based on interviews from staff, parents, and record review, plus Director stating they verbally informed the parent and was unable to provide any written documentation sent to the subject child’s parent. This is a potential risk to the health and safety of 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.
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 09/06/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/06/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5