304371271-4-26-2023-06-CC-RLOZ-CRBTSE-20230428145902

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371271
Report Date: 04/21/2023
Date Signed: 04/26/2023 09:06:17 AM

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
02/21/2023 and conducted by Evaluator Romelia M Castanon

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230221100726

FACILITY NAME:	SUNFLOWER PRESCHOOL & AFTER SCHOOL CENTER INC.		FACILITY NUMBER:	304371271
ADMINISTRATOR:	TANYA PHAM		FACILITY TYPE:	850
ADDRESS:	12741 MAIN STREET		TELEPHONE:	(714) 591-5056
CITY:	GARDEN GROVE	STATE: CA	ZIP CODE:	92840
CAPACITY:	90	CENSUS: 15	DATE:	04/21/2023
		UNANNOUNCED	TIME BEGAN:	08:00 AM
MET WITH:	Director Tanya Pham		TIME COMPLETED:	10:15 AM

ALLEGATION(S):

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Facility is discriminating against child in care

INVESTIGATION FINDINGS:

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***This is an amended report to a report generated on 04/21/23***
On 04/21/2023, Licensing Program Analyst (LPA) Romy Castanon made an unannounced visit to the facility for the purpose to deliver findings of a complaint that was received at the Orange County Regional Child Care Program Office. LPA met with Director Tanya Pham and explained the reason for today’s visit. A tour of the Little Star Classroom was conducted and census was taken. Observed at the time of the visit was a total of 15 children and 2 staff members.
A review of the Facility Personnel Report Summary on 04/21/2023 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 02/21/2023, the Regional Office received a complaint report alleging facility is discriminating against child in care.
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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:	DATE: 04/21/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/21/2023

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-20230221100726

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: SUNFLOWER PRESCHOOL & AFTER SCHOOL CENTER INC.	FACILITY NUMBER: 304371271
	VISIT DATE: 04/21/2023

NARRATIVE

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***This is an amended report to a report generated on 04/21/23*** Page 2

The Reporting Party’s (RP) complaint states the subject child is 3 years old and non-verbal . The facility was made aware that subject child would be attending part time, 3 days a week with an adult shadow. After the child’s first day of attendance, Director Tanya Pham informed RP that the shadow can no longer attend because it is a distraction to the other children. The Shadow has worked with children at the facility in the past.

LPA interviewed RP on 02/24/2023. RP stated subject child has difficult behaviors. RP states they received a call from the Director after the child’s first day of attendance stating the Shadow was a distraction and if the child can try attending without the Shadow the following week. RP reminded Director that the Shadow has scheduled hours to provide services to the child. RP stated the Director informed them a new facility policy would be created that will begin eliminating Shadow services on campus. RP reminded Director that the subject child has required non-negotiable hours, if the Shadow cannot attend, the child cannot either. The Director offered RP a 2-week trial period to see how the child does on their own.

LPA conducted an initial visit on 02/27/2023 and interviewed the Director Tanya Pham and 1 staff member. During the interview with a staff member, they stated they have no issues with having a Shadow in the classroom but can be distracting because the children pay more attention to the Shadow.

During interview with Director Tanya Pham, she stated the same Shadow worked with a younger child at the facility with a smaller class size that did not mind another adult in the classroom. Director stated service company procedures require a supervisor accompany the Shadow for half the day during first day of services at a campus. The Shadow would be alone every visit going forward. Director stated subject child’s first day, the Shadow was in the classroom, as well as, the supervisor and their laptop was a distraction to the children. Director provided LPA with email correspondence to Supervisor stating the facility only allows 1 Shadow at a time due to that distraction. Director revealed to LPA future plans to implement a new facility policy to exclude Shadows on their campus. Director disclosed to LPA, in speaking to RP that two Shadows was too interruptive, wanted to slowly minimize required hours, offered the 2-week trial or refund and the option to care for the child until alternate care facility was found.

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SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:	DATE: 04/21/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/21/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230221100726

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: SUNFLOWER PRESCHOOL & AFTER SCHOOL CENTER INC.	FACILITY NUMBER: 304371271
	VISIT DATE: 04/21/2023

NARRATIVE

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***This is an amended report to a report generated on 04/21/23*** Page 3

Director stated it was based on their own visual assessment of the child on their first day. There were no disruptive behaviors and Director believed they were capable of completing tasks independently and did not need a Shadow while at the facility. Director referred to the facility’s parent handbook disenrollment policies for failure to adapt. LPA reiterated the policy statement includes the phrase “within a reasonable timeframe”. RP was given a refund for subject child’s one day of attendance.

Based on LPA’s record review and all interviews conducted, the preponderance of evidence standard has been met, therefore the above allegation facility is discriminating against child in care is substantiated. California Code of Regulations, Title 22, Division 12, 101218(b) Admission Policies is being cited on the attached LIC9099D.

Exit interview was conducted with Director Tanya Pham. Notice of Site Visit was posted during the visit. 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. Director was provided a copy of their appeal rights (LIC 9058) 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.

The following information regarding ADA was provided: US Department of Justice (USDOJ) toll-free ADA Information Line at (800) 514-0301 (voice)/(800) 514-0383 (TTY) and link to publication: Commonly Asked Questions about Child Care Centers and the ADA, available at: http://www.ada.gov/childqanda.htm

End of Report

SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:	DATE: 04/21/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/21/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230221100726

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: SUNFLOWER PRESCHOOL & AFTER SCHOOL CENTER INC.	FACILITY NUMBER: 304371271
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/21/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 05/05/2023 Section Cited CCR 101218(b)	1 2 3 4 5 6 7	*This is an amended report to a report generated on 04/21/23*101218 Admission Policies(b) A licensee who provides care to a child with disabilities shall be able to meet the individual needs of the child.This requirement was not met as evidenced by	1 2 3 4 5 6 7	Director will review ADA resources and include information on revised Parent Handbook. Director will also have an all staff training on how to manage difficult behaviors. Director will schedule training with TSP Analyst and submit attendance sheet to LPA via email.
	8 9 10 11 12 13 14	Director stating to RP and LPA during interview that subject child did not need a Shadow while in care and would create a new policy that will not allow such services at their campus. This is a potential risk to the health, safety or personal rights to the children in care.	8 9 10 11 12 13 14	Director will email LPA revised Parent Handbook by POC date
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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: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:	DATE: 04/21/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/21/2023

LIC9099 (FAS) - (06/04)

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