304371252-4-11-2024-06-CC-PMAA-D4CUP3-20240415154452

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371252
Report Date: 04/11/2024
Date Signed: 04/11/2024 03:07:29 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
01/17/2024 and conducted by Evaluator Archibaldo Silva

COMPLAINT CONTROL NUMBER: 06-CC-20240117165405

FACILITY NAME:	APPLE TREE PRESCHOOL & KINDERGARTEN		FACILITY NUMBER:	304371252
ADMINISTRATOR:	SILVA, ISHARA		FACILITY TYPE:	850
ADDRESS:	2211 WEST WOODLEY AVENUE		TELEPHONE:	(714) 772-1005
CITY:	ANAHEIM	STATE: CA	ZIP CODE:	92801
CAPACITY:	60	CENSUS: 42	DATE:	04/11/2024
		UNANNOUNCED	TIME BEGAN:	02:58 PM
MET WITH:	Ishara Silva		TIME COMPLETED:	03:10 PM

ALLEGATION(S):

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Staff pinch children's hands.
Staff squeezes children's hands.
Staff slams children on the floor
Staff inappropriately disciplined a child.

INVESTIGATION FINDINGS:

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On 4/11/2024 Licensing Program Analyst (LPA) A. Silva conducted an unannounced complaint investigation inspection. This is a continuation of the investigation initiated on 1/17/2024. Upon arrival, the LPA met with Director Ishara Silva and informed her 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 42 preschool children. The facility was operating within ratios and capacity.

The Department received a complaint on 1/17/2024 alleging that 1) Staff are physically abusing daycare children and 2) Staff inappropriately disciplined a daycare child.

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 04/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2024

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-20240117165405

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: APPLE TREE PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304371252
	VISIT DATE: 04/11/2024

NARRATIVE

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Allegation 1) Staff pinch, squeeze, and slam daycare children on the floor.

On 1/23/2024, the LPA interviewed the complainant about the allegations above. During the interview, the complainant disclosed additional details about the allegations including that staff were “slamming children on the floor” and “pinching children.” The complainant stated the staff did not intend to hurt the children but was frustrated.

On 1/24/2024, the LPA interviewed seven staff at the facility. All seven staff consistently stated that the allegations did not happen or could not corroborate whether the allegations happened because they did not witness any of the interactions described in the allegations. Staff stated they use redirection, reminders, and holding the child’s hand to have the child walk with them when the child displays challenging behavior. The staff denied squeezing or pinching the children’s hands. The staff denied slamming children on the floor. Director stated that no staff has ever made reports about children’s personal rights violations to the administration.

On 1/24/2024, the LPA attempted to interview five children at the facility. Three of the children were not qualified. The two children who were interviewed did not disclose any information that could corroborate the allegations.

On 2/12/2024, the LPAs called nine parents requesting an interview. The LPA was able to interview six of the nine parents, including P4, P5, P6, P7, P8, and P9. The parents interviewed did not express any concerns related to the allegations and did not provide any information that could corroborate the allegations being investigated. The rest of the parents did not respond to the Department’s request for information or were unreachable.

On 1/24/2024, the LPA inquired about records that could aid with the investigations. No footage or incident reports that could aid the investigation were available according to the Director.

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 04/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2024

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 06-CC-20240117165405

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: APPLE TREE PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304371252
	VISIT DATE: 04/11/2024

NARRATIVE

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Allegation 2) Staff inappropriately disciplined a daycare child.

On 1/23/2024, the LPA interviewed the complainant about the allegations. During the interview, the complainant disclosed that they observed Staff 1 (S1) take a child into the restroom to discipline the child in November 2023. No further details were provided about the incident. The complainant added that staff pinch and squeeze the children’s hands as a form of discipline and slammed children on the floor. The complainant was unable to provide the names of the children or dates of the incident(s) or the names of staff. The complainant stated these and other incidents were reported to Director Ishara Silva.

On 1/24/2024, the LPA interviewed seven staff at the facility. All staff consistently stated that the allegations did not happen or could not corroborate whether the allegations happened because they did not witness any of the interactions described in the allegations. Staff stated they use reminders, redirection, and holding the child’s hand to take them for a walk or have them sit with staff. Staff said they don’t force children to walk or sit with them. The director stated that no staff has ever reported personal rights violations.

On 1/24/2024, the LPA attempted to interview five children at the facility. Three of the children were not qualified. The two children who were interviewed did not disclose any information that could corroborate the allegations.

On 2/12/2024, the LPAs called nine parents requesting an interview. The LPA was able to interview six of the nine parents, including P4, P5, P6, P7, P8, and P9. The parents interviewed did not express any concerns related to the allegations and did not provide any information that could corroborate the allegations. The rest of the parents were unreachable or did not respond to the Department’s request for information.

On 1/24/2024, the LPA inquired about records that could aid with the investigations including incident reports, complaints about staff, or video footage. No reports that could aid the investigation were available according to the director.

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 04/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2024

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 06-CC-20240117165405

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: APPLE TREE PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304371252
	VISIT DATE: 04/11/2024

NARRATIVE

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Based on the interviews conducted, the preponderance of evidence standard has not been met. Although the allegations that staff inappropriately disciplined a child and violated children’s personal rights 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 allegation is unsubstantiated.

An exit interview was conducted with Ishara Silva. 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.

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:	DATE: 04/11/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2024

LIC9099 (FAS) - (06/04)

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