304370256-10-12-2023-06-CC-THOO-CWNNHM-20231016102856

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370256
Report Date: 10/12/2023
Date Signed: 10/12/2023 11:36:41 AM

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
08/14/2023 and conducted by Evaluator Patricia Duron

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230814085159

FACILITY NAME:	TUTOR TIME CHILD CARE/LEARNING CENTER		FACILITY NUMBER:	304370256
ADMINISTRATOR:	MARY JOY HILSABECK		FACILITY TYPE:	850
ADDRESS:	24291 AVILA ROAD		TELEPHONE:	(949) 831-8887
CITY:	LAGUNA NIGUEL	STATE: CA	ZIP CODE:	92677
CAPACITY:	194	CENSUS: 43	DATE:	10/12/2023
		UNANNOUNCED	TIME BEGAN:	09:45 AM
MET WITH:	Mary Joy Hilsbeck, Director		TIME COMPLETED:	11:30 AM

ALLEGATION(S):

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Staff handled day care child in a rough manner.

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 director, Mary Joy Hilsbeck. Census was taken. The overall census observed was 6 preschool staff and 43 preschool 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 8/14/23 a complaint was filed with the Licensing office stating staff handled day care child in a rough manner. Reporting Party (RP) stated the following: RP stated P1 saw S1 pin C1 down on C1 stomach with one arm holding C1 head and the other arm holding C1 back. RP stated S1 then picked up C1 and cradled C1 like a baby. S1 repeated the process three times.

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Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:	DATE: 10/12/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/12/2023

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-20230814085159

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: 10/12/2023

NARRATIVE

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During the course of investigation, LPA interviewed 5 staff, 3 parents, 3 children and reviewed records.

During the initial inspection dated 8/17/23, LPA interviewed 5 staff. 5 out of 5 staff stated that they have never witnessed Staff #1 (S1) handle a child in a rough manner. Staff #2 (S2) stated the following: “S1 is very loving, very sweet. S1 doesn't like to see the children cry. S1 wants to nurture the children." S2 stated they "have nothing but good things to say about S1." S4 stated the following: “S1 is very good with the kids. If the children are upset, S1 gives them different options to play or S1 sings with them. S1 is very understanding and patient. S1 loves the kids very much.” S1 denied violating any children's rights.

On initial inspection dated 8/17/23, LPA requested facility’s video footage dated 8/4/23. Assistant Director stated, footage deletes within 48 hours, but upper management and director reviews footage if they recover it. LPA was unable to review footage dated 8/4/23 due to footage deleting within 48 hours.

All 3 interviewed children did not reveal any staff violating their rights.

LPA Duron interviewed 3 parents. All interviewed parents stated they 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 handled day care child in a rough manner. 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.

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:	DATE: 10/12/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/12/2023

LIC9099 (FAS) - (06/04)

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