304371271-12-21-2022-06-CC-PMAA-CN6QMP-20230117111749

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371271
Report Date: 12/21/2022
Date Signed: 12/21/2022 01:33:01 PM

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
12/19/2022 and conducted by Evaluator Stella Gutierrez

COMPLAINT CONTROL NUMBER: 06-CC-20221219110845

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: 80	DATE:	12/21/2022
		UNANNOUNCED	TIME BEGAN:	11:45 AM
MET WITH:	Tanya Pham, director		TIME COMPLETED:	01:45 PM

ALLEGATION(S):

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Admissions agreement

INVESTIGATION FINDINGS:

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On 12/21/2022 Licensing Program Analyst, Stella Gutierrez made an unannounced visit to the facility for the purpose of a complaint that was received at the Orange County Regional Child Care Program Office. LPA was met by, director Tanya Pham who explained the reason for today’s visit. During today’s inspection.
A review of the Facility Personnel Report Summary conducted on 12//2022 indicates all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

A complaint was received on 12/19/2022 alleging that the facility did not adhere to facility admission agreement by not issuing an authorized representative the correct refund. On 12/19/2022 the reporting party was interviewed by LPA. The reporting party stated that they communicated to the facility director that the amount received as a refund due to not being able to render services due to termination on 12/16/2022 was incorrect. The reporting party stated that the facility director charged a daily rate tuiton and that they paid for a monthly rate therefore the prorated amount was not correct according to the admissions agreement. Pg 1 of 1

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 12/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/21/2022

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-20221219110845

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: 12/21/2022

NARRATIVE

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During today’s investigation LPA, Gutierrez reviewed records for the child (C#1) and interviewed the facility director regarding the allegation.

On 12/21/2022 the director stated that she charged the authorized representative a daily rate and was unaware that a prorate amount would have been more appropriate given the signed admission agreement by the authorized representative of the child had signed a monthly tuition and not a daily. Under termination of the admissions agreement there is no refund conditions and does not state that a daily rate would apply if a child is terminated from the program. On the admissions agreement the daily rate is more than the prorated amount of the monthly tuition fee that was paid therefore, the authorized representative was not refunded the correct amount. The director also stated that the incident involving C1 was not reported to their local licensing agency of the incidents that took place on 12/06/2022, 12/13/2022 and 12/16/2022 that resulted in the termination of the admissions agreement.

Based on interviews and records reviewed the allegation referenced on this report is substantiated. A substantiated finding means that the complaint is substantiated, and the allegation is valid because the preponderance of the evidence standard has been met. The following violations were revealed and is being cited in accordance with California Code of Regulations, Title 22, Division 12, Chapter 1, 101219 (f) and 101212 (d) (1) ( C) Reporting Requirements. Type B deficiencies will be cited today. Please refer to attached 9099 (D) .

Exit interview conducted and report was reviewed with the director, Tanya Pham. Appeal Rights and deficiencies were discussed. The facility representative was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. 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 comply with posting requirements shall result in an immediate civil penalty of $100.

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SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 12/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/21/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 06-CC-20221219110845

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: 12/21/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 12/23/2022 Section Cited CCR 101219(f)	1 2 3 4 5 6 7	101219 Admission Agreements- (f) The licensee shall comply with all terms and conditions set forth in the admission agreement.	1 2 3 4 5 6 7	The director agrees that she will provide the remaining amount of $90.00 to the authorized representative by 12/23/2022. The director also stated that the facility will update their admission agreement to reflect the refund condition upon termination of an admissions agreement.
	8 9 10 11 12 13 14	This requirement was not met as evidence by receords reviewed and interview condcuted revealed that the facility did notr provide a full refund payment upon termination of the admissions agreement to the authorized representative.	8 9 10 11 12 13 14
Type B 12/21/2022 Section Cited CCR 101212(d)(1)(C)	1 2 3 4 5 6 7	101212 Reporting Requirements: (d) Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone...(1) Events reported ... (C) Any unusual incident	1 2 3 4 5 6 7	The director agrees to immediately report the incidents that led to the termination of the admissions agreement and was provided a copy of this regulation.
	8 9 10 11 12 13 14	This requirement was not met as evidence by records reviewed and director stated during interview that this incident was no reported to their local licensing office. According to records the incidents on 12/06/2022, 12/13/2022 and 12/16/2022 were reported to the authorized representative but not CCLD-CCP.	8 9 10 11 12 13 14

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 12/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/21/2022

LIC9099 (FAS) - (06/04)

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