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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371444
Report Date: 06/20/2023
Date Signed: 06/20/2023 03:15:43 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
05/17/2023 and conducted by Evaluator Dean Thompson
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20230517091505
FACILITY NAME:MERRY HIVEFACILITY NUMBER:
304371444
ADMINISTRATOR:MELNIK, SVETLANAFACILITY TYPE:
850
ADDRESS:23802 AVENIDA DE LA CARLOTATELEPHONE:
(714) 872-3008
CITY:LAGUNA HILLSSTATE: CAZIP CODE:
92653
CAPACITY:30CENSUS: 24DATE:
06/20/2023
UNANNOUNCEDTIME BEGAN:
12:50 PM
MET WITH:Svetlana MelnikTIME COMPLETED:
03:35 PM
ALLEGATION(S):
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Facility staff did not prevent day care child from leaving the facility unsupervised.
Day care children are not being adequately supervised.
Facility does not provide a safe environment for day care children.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Thompson conducted an unannounced complaint investigation. This is a continuation of the investigation initiated on 5/26/2023. Upon arrival LPA met with Director Svetlana Melnik, to deliver complaint findings. At 1:07 pm Director guided LPA on a tour of the facility. LPA observed a total of 24 preschool children with 4 preschool staff.

A review of the Facility Personnel Report Summary on this date indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions. During today’s inspection the facility was operating within its licensed capacity and within compliance of staffing ratios.

On 5/17/2023 the Orange County Child Care Office received a complaint alleging (1) Facility staff did not prevent day care child from leaving the facility unsupervised (2) Day care children are not being adequately supervised (3) Facility does not provide a safe environment for day care children.

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Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 06/20/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/20/2023
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 5
Control Number 06-CC-20230517091505
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: MERRY HIVE
FACILITY NUMBER: 304371444
VISIT DATE: 06/20/2023
NARRATIVE
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During the investigation LPA interviewed Director, two staff present at the time of the incident, retrieve video recording, obtained the facility roster, and took pictures of the facility inside/outside. Pictures were taken of two classrooms, outside play yard, gates with broken latches, and the parking lot.

On 5/16/2023, LPA interview Staff #3 (S3), Staff #1 (S1) and Staff #2 (S2). S3 stated Child #1 (C1) was on the playground when S2 exited the play yard to retrieve a broom to sweep. When S2 returned to the play yard, S2 didn’t place the self-made latch back on the gate. When S2 back was turned, C1 walked out the playground gate, then walked out the second gate near the entrance and went into the parking lot. S3 stated C1 was missing and unsupervised for five minutes. During staff interviews, S1 and S2 both stated C1 was missing for five minutes and was brought back onto the playground by the church security guard.

On 5/16/2023, LPA retrieved the video recording pertaining to the incident showing C1 leaving the playground and walking onto the parking lot. Based on video evidence, it was determined, C1 was missing for five minutes and was found near the middle of the parking lot by delivery lady who works for a linen company. The delivery lady notified church security who then brought C1 back to the preschool playground.

While touring the outdoor areas of the facility, LPA observed broken latches on the playground gate and entrance gate. The playground gate is kept closed by a self-made PVC latch and the entrance gate is being kept closed by a metal U-bolt. Director was reminded, the playground shall be enclosed by a fence to protect children and to keep them in the outdoor activity area. Director stated parts for the gates were ordered and repairs are scheduled to be made.

Parents were interviewed on 5/18/2023 via phone call. Out of 14 parents contacted, nine were able to be interviewed. Parents interviewed did not divulge any information regarding the allegations.



On 6/20/2023, LPA observed the playground gate has not been repaired. The facility continues to utilize a self-made PVC latch to keep children from leaving the playground. S3 stated they have purchased a self-latching gate latch and will have it installed on the playground gate to avoid a similar incident where the staff forgot to place the self-made latch back on the gate. LPA observed repairs have been made to the front entrance gate.

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SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 06/20/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/20/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5
Control Number 06-CC-20230517091505
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: MERRY HIVE
FACILITY NUMBER: 304371444
VISIT DATE: 06/20/2023
NARRATIVE
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Based on LPA observations, video recording, interview with Director, S1 and S2 who all stated C1 was missing and unsupervised for five minutes, the preponderance of evidence standard has been met; therefore, the above allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter 12, is being cited on the attached LIC 9099D for the deficiency section 101229
Responsibility for Providing Care and Supervision and 101238 Buildings and Grounds.

LPA Thompson informed Director Svetlana Melnik that this report dated 6/20/2023 document(s) two Type A citation which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA Thompson informed the Director Svetlana Melnik to provide a copy of this licensing report dated 6/20/2023 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

Exit interview conducted and report was reviewed with the Director Svetlana Melnik. 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.



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.
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 06/20/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/20/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 06-CC-20230517091505
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: MERRY HIVE
FACILITY NUMBER: 304371444
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/20/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
06/21/2023
Section Cited
CCR
101229(a)(1)
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101229 Responsibility for Providing Care and Supervision (a) The licensee shall provide care and supervision as necessary to meet the children's needs. (1) No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation.
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Per Director Svetlana, she will conduct a staff training with all staff and review supervision policies. Per Director Svetlana, she will submit a written POC to licensing depratment by 6/21/23.

https://ccld.childcarevideos.org/child-care-center-operators/supervising-children-in-child-care-centers/
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Based on LPA observations, video recording, interview with Director, S1 and S2 who all stated C1 was missing and unsupervised for five minutes. This poses an immediate risk to the safety of the children 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: Judy Hanson
LICENSING EVALUATOR NAME: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 06/20/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/20/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 06-CC-20230517091505
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: MERRY HIVE
FACILITY NUMBER: 304371444
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/20/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
07/04/2023
Section Cited
CCR
101238(a)
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101238 Buildings and Grounds (a) The child care center shall be clean, safe, sanitary and in good repair at all times to ensure the safety and well-being of children, employees and visitors.
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Director stated they have purchased a self-latching gate latch and will have it installed on the playground gate to avoid a similar incident where the staff forgot to place the self-made latch back on the gate.

Director stated repairs will be made by POC due date.
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Based on LPA observation and interview with S3, the playground gate has not been repaired. The facility continues to utilize a self-made PVC latch to keep children from leaving the playground. This poses and a risk to the children 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: Judy Hanson
LICENSING EVALUATOR NAME: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 06/20/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/20/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5