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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304370846
Report Date: 11/05/2021
Date Signed: 11/05/2021 10:02:18 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
08/16/2021 and conducted by Evaluator Ryan Joseph Chan
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20210816105923
FACILITY NAME:NOBIS PRESCHOOLFACILITY NUMBER:
304370846
ADMINISTRATOR:NEITZKE, ASHLEYFACILITY TYPE:
850
ADDRESS:26153 VICTORIA BLVD.TELEPHONE:
(949) 661-6258
CITY:CAPISTRANO BEACHSTATE: CAZIP CODE:
92624
CAPACITY:45CENSUS: 34DATE:
11/05/2021
UNANNOUNCEDTIME BEGAN:
09:10 AM
MET WITH:Ashley Nietzke - DirectorTIME COMPLETED:
10:15 AM
ALLEGATION(S):
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Children were unsupervised on the school playground.
Facility personnel unknown.
INVESTIGATION FINDINGS:
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On 11/05/21 Licensing Program Analyst (LPA) Ryan Chan conducted an unannounced complaint investigation visit to deliver the findings to the allegations stated above. This complaint investigation was initiated by LPA Malek and was continued by LPA Chan. LPA Chan met with facility director Ashley Nietzke and was taken on a tour of the facility. There were a total of 11 toddlers with 2 staff and 23 preschool aged children with 3 staff at the facility, at total of 34 children with 5 staff. This facility has a toddler component attached to the preschool license.

Facility representative was reminded that all adults 18 and over, including employees and volunteers, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to initial presence in a Child Care Center. A civil penalty of $100.00 minimum/day up to $500.00 maximum per day/per person will be assessed if this regulation is violated.

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Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Ryan Joseph Chan
LICENSING EVALUATOR SIGNATURE:

DATE: 11/05/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/05/2021
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 3
Control Number 06-CC-20210816105923
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: NOBIS PRESCHOOL
FACILITY NUMBER: 304370846
VISIT DATE: 11/05/2021
NARRATIVE
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On 08/16/21 the Orange County Child Care Office received a complaint with allegations stating children were left unsupervised on the school playground and facility personnel unknown. During the initial intake of the complaint, the reporting party (RP) states that on 08/10/21 at approximately 4pm during pick up, RP observed children on the school playground without staff supervision for approximately 5 minutes. A teacher then came out, RP asked who was in charge, the teacher stated the Director was not available and informed RP the teacher did not know who was in charge at that moment.

During the investigation LPA conducted interviews on 08/26/21, 09/17/21, 09/23/21, 10/05/21, and 10/12/21. LPA interviewed 8 staff, 2 of the 8 staff interviewed were not present during the 08/10/21 allegation, 1 staff left at 2pm, and 1 staff goes to the infant program in the afternoon and was not present at 4pm the time of the allegation. Present at the time and date of the allegations were S1, S2, S3, and S4. LPA also interviewed 8 parents, 5 children and reviewed copies of children's rosters, staff roster, sign-in/sign-out sheets for staff and children, LIC 700, schedule of activities for children, and weekly staff schedule. Interviews revealed that during the month of August 2021, director was in Costa Mesa assisting this facility’s sister site training a new director, director was back and forth between this facility and Costa Mesa. All 8 staff interviews revealed staff knew director would be gone as it was in the weekly staff schedule but 3 of the 8 staff interviewed did not have prior knowledge who would be left in charge when Director was gone and only found out when they arrived at the facility. Children’s sign-in/sign-out sheets were reviewed and reveal there were 12 children still present after 4pm on 08/10/21. Director states during this time children are in the play yard for outside play while waiting for parents to pick up, this information was corroborated by a review of the children’s daily schedule of activities. LPA interviewed staff who were present on 08/10/21 at 4pm, 2 interviews reveal S2 is a floater and took over for S1 with the preschool at 4pm with S4 assisting starting at 3pm, while another interview revealed S2 was with the toddlers but does not remember if S2 went to the preschool room at 4pm, another interview revealed S4 was with the toddlers all day but 2 staff revealed S4 was in the preschool room at 3pm. There is also a discrepancy with S3’s timesheet which shows employee clock out at 4:08pm but is scheduled until 5pm on the weekly staff schedule. Employee states it is an error and was at the facility until 5pm on 08/10/21. Director states there have been times employees have picked up someone else’s timecard and erroneously checks the person out. All 8 staff interviewed stated children are never left unsupervised.

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SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Ryan Joseph Chan
LICENSING EVALUATOR SIGNATURE:

DATE: 11/05/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/05/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 06-CC-20210816105923
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: NOBIS PRESCHOOL
FACILITY NUMBER: 304370846
VISIT DATE: 11/05/2021
NARRATIVE
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Page 3

Parents and children were also interviewed. All 8 of 8 parents interviewed stated staff were always present during drop off and pick up and 7 of 8 parents would recommend this facility to another family. All 5 children interviewed stated staff were always watching them.

Interviews conducted do not show definitively who took over the preschool class at 4pm, whether it was S2 or not due to S2 being a floater and conflicting statements received. There are also conflicting statements whether staff knew who was left in charge when the director was not at the facility.

Although the allegations may have happened or is 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 conducted and report was reviewed with director Ashley Nietzke. Appeal Rights were explained, Director was provided a copy of her Appeal Rights and signature on this form acknowledges receipt of these rights. Director was informed all appeals must be in writing and received by the Regional Office within 15 business days. A notice of site visit was given and must remain posted for 30 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.
SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Ryan Joseph Chan
LICENSING EVALUATOR SIGNATURE:

DATE: 11/05/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/05/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 3