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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371253
Report Date: 04/11/2024
Date Signed: 04/11/2024 02:13:24 PM

Substantiated


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
01/23/2024 and conducted by Evaluator Archibaldo Silva
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20240123163428
FACILITY NAME:APPLE TREE PRESCHOOL & KINDERGARTENFACILITY NUMBER:
304371253
ADMINISTRATOR:PERANCULLO, MARBENFACILITY TYPE:
830
ADDRESS:2211 WEST WOODLEY AVENUETELEPHONE:
(714) 772-1005
CITY:ANAHEIMSTATE: CAZIP CODE:
92801
CAPACITY:30CENSUS: 27DATE:
04/11/2024
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Ishara SilvaTIME COMPLETED:
02:15 PM
ALLEGATION(S):
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Staff force-feeds infants
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 1/24/2024. 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 27 children (including 9 infants and 18 toddlers).

The Department received a complaint on 1/23/2024 alleging that staff pinch and squeeze infants’ hands and tap their backs hard if they are not eating or sleeping, staff force feeds infants, and staff slams daycare infants on the floor.

Allegation: Staff force-feeds infants.
Substantiated
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 6
Control Number 06-CC-20240123163428
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: 304371253
VISIT DATE: 04/11/2024
NARRATIVE
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On 1/23/2024, the LPA interviewed the complainant. The complainant stated staff force-feeds infants. The complainant disclosed staff squeezes the infants’ faces to “make a duck face” and shoves food inside the infants’ mouths. The complainant stated staff did not intend to hurt the infants but were frustrated.

On 1/24/2024, the LPA interviewed eight (8) staff at the facility. All staff consistently denied the allegations and stated they did not violate the personal rights of infants. Seven staff said that they did not witness any violations of infants’ personal rights and could not corroborate whether the allegations were true or false. On 1/24/2024, the LPA inquired about video footage, incident records, and reports about violations of personal rights by staff. The Director stated that no one reported any staff and that no footage or reports related to the allegations exist.

During a confidential interview, a witness disclosed that a teacher force-fed a child by squeezing the infant’s face and putting a spoonful of food in the infant’s mouth.

On 3/4/2024, the LPA called eleven (11) parents. Three of the parents were interviewed. None of the parents interviewed expressed any concerns about the daycare. The rest of the parents did not respond to the Department’s request for an interview or were unreachable.

Based on the interview statements, the preponderance of evidence standard has been met, therefore the above allegation that staff force-feeds infants is found to be SUBSTANTIATED. A substantiated finding means that the complaint is substantiated, and the allegations are valid.
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 6
Control Number 06-CC-20240123163428
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: 304371253
VISIT DATE: 04/11/2024
NARRATIVE
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LPA A. Silva informed licensee Director Ishara Silva that this licensing report dated 4/11/2024 documents one “Type A” citation(s). Type A citation(s) must be posted for 30 consecutive days during the hours that children are in care as there is/are immediate risk(s) to the health, safety, or personal rights of children in care. LPA A. Silva further informed Director Silva that a copy of this licensing report must be provided to parents or guardians of all clients currently enrolled by the next business day or by the next day the children are in care, a copy of this report must be provided to the parents or guardians of all newly enrolled clients for 12 months from the date of this report, and signed Acknowledgement of Receipt of Licensing Report (LIC 9224) form, or another written equivalent statement, must be placed in the infant's file for verification of receipt of the report.

An exit interview was conducted with Director 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.

END.
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 6
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
01/23/2024 and conducted by Evaluator Archibaldo Silva
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20240123163428

FACILITY NAME:APPLE TREE PRESCHOOL & KINDERGARTENFACILITY NUMBER:
304371253
ADMINISTRATOR:PERANCULLO, MARBENFACILITY TYPE:
830
ADDRESS:2211 WEST WOODLEY AVENUETELEPHONE:
(714) 772-1005
CITY:ANAHEIMSTATE: CAZIP CODE:
92801
CAPACITY:30CENSUS: 27DATE:
04/11/2024
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Ishara SilvaTIME COMPLETED:
02:15 PM
ALLEGATION(S):
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2
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9
Staff pinch infants' hands.
Staff squeeze infatns' faces.
Staff taps infants' backs hard if they don't eat.
Staff taps infants' backs hard if they don't sleep.
Staff slams daycare infants on the floor.
INVESTIGATION FINDINGS:
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5
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13
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 1/24/2024. 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 27 children (including 9 infants and 18 toddlers).

Allegations: Staff pinch and squeeze infants’ hands, tap their backs hard if they are not eating or sleeping, and staff slam daycare infants on the floor.
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: 4 of 6
Control Number 06-CC-20240123163428
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: 304371253
VISIT DATE: 04/11/2024
NARRATIVE
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On 1/23/2024, the LPA interviewed the complainant on the phone. The complainant provided additional details about the allegations and names of other potential witnesses. The details about the allegations of personal rights were that staff pinches and squeezes infants' hands, taps infants hard on the back when they don’t eat or sleep, and slams infants on the floor when they don’t sleep. The complainant stated staff did not intend to hurt the infants but were frustrated.

On 1/24/2024, the LPA interviewed eight (8) staff at the facility. All staff consistently denied the allegations. All staff said that they did not witness any violations of infants’ personal rights related to the allegations above and could not corroborate whether the allegations were true or false. Staff said that when infants don’t sleep, they allow them to stay awake and put them in supervised tummy time. Staff stated they never slam or put infants roughly on the floor.

On 3/4/2024, the LPA called eleven (11) parents. Three of the parents were reached and interviewed. None of the parents interviewed expressed any concerns about the daycare. The rest of the parents did not respond to the Department’s request for an interview or were unreachable.

On 1/24/2024, the LPA inquired about records relevant to the allegation including video footage, incident reports, or complaints against staff. The director stated none exist.

Based on the interviews conducted, the preponderance of evidence standard has not been met. Although the allegations above may have happened or are 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 Director 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.

end.
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: 5 of 6
Control Number 06-CC-20240123163428
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: 304371253
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/11/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
04/12/2024
Section Cited
CCR
101223(c)
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101223(c) Personal Rights: The licensee shall ensure that each child is accorded the personal rights specified in this section.

The licensee did not comply with the above regulation as evidenced by:
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The director stated she will hold a personal rights training with all the teachers. The director will send the training materials and a sing in sheet for teachers who participated in the training. The director will send the correction to the LPA by the due date.
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Based on interviews and records review, the licensee did not comply with the above regulation, which posed/posses an immediate risk to the health, safety, and personal rights of clients in care. A witness disclosed they observed a staff force force-feeding an infant 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: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 04/11/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/11/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 6