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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371506
Report Date: 11/28/2022
Date Signed: 11/28/2022 11:01:11 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
09/07/2022 and conducted by Evaluator Dianna ValdezSantana
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20220907130606
FACILITY NAME:UNIQUE 2THE PEAK CHILDREN'S ACADEMYFACILITY NUMBER:
304371506
ADMINISTRATOR:MEZA, REBECCAFACILITY TYPE:
850
ADDRESS:1309 SOUTH BROOKHURST STREETTELEPHONE:
(657) 220-4206
CITY:ANAHEIMSTATE: CAZIP CODE:
92804
CAPACITY:18CENSUS: 6DATE:
11/28/2022
UNANNOUNCEDTIME BEGAN:
09:15 AM
MET WITH:Director, Viviana Meza TIME COMPLETED:
11:15 AM
ALLEGATION(S):
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Facility does not maintain a comfortable temperature for children.
INVESTIGATION FINDINGS:
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On 11/28/22, Licensing Program Analyst (LPAs) Dianna Valdez Santana and LPA Anna Chan conducted an in-person investigation to deliver the findings regarding the allegation that the facility did not maintain a comfortable temperature when transporting day-care children. LPA Valdez Santana and LPA Chan met with Director, Viviana Meza. A tour around the facility was conducted, and a census was taken. Observed at the time of the visit was a total of 6 preschool children and 2 staff members.

A review of the Facility Personnel Report Summary on 11/28/2022 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

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Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Dianna ValdezSantana
LICENSING EVALUATOR SIGNATURE:

DATE: 11/28/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/28/2022
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-20220907130606
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: UNIQUE 2THE PEAK CHILDREN'S ACADEMY
FACILITY NUMBER: 304371506
VISIT DATE: 11/28/2022
NARRATIVE
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(Page 2 of Report)

On 09/07/2022, the Regional Office received a complaint with allegations alleging Facility did not maintain a comfortable temperature when transporting day-care children.

During the course of investigation, LPA Valdez Santana interviewed 2 staff members; inspected one of the facility’s transportation vehicles to verify that it had a functioning air conditioner; and interviewed the subject child.

During the staff interview, all 2 out of 2 interviewed staff admitted that the air conditioner in the van had stopped working. The 2 interviewed staff provided consistent answers about facility's oversight in transporting the children in the van despite the air conditioner not working well. Staff 2 (S2) disclosed the following: On Friday September 2, 2022, S2 was driving the van to pick up Child #1(C1) at Danbrook Elementary at 1:30pm. While driving the van, S1 noticed the A/C stopped working. S2 did not know the AC was not working prior to driving the van. S2 rolled the front windows down only as the rest of the other windows could not be rolled down. After S2 picked C1 up, S2 drove to the next stop to pick up the other children, but S2 received a call that the other "pick up" was cancelled so S2 drove C1 back to Danbrook Elementary to wait to pick up C1’s brother. There was an accident a few blocks away with police involved so S2 and C1 waited in the van for 20 minutes with the door closed and the front window rolled down for safety purposes. S2 disclosed C1 was observed to be hot and sweating, but S2 felt it was safer to stay inside the van with the window rolled down. C1’s mother arrived at the Danbrook Elementary to pick C1 and got upset when she saw C1 was sweating and hot.

LPA interviewed C1 and C1 divulged that the van had been “super-hot”. C1 also stated, “When I was in the white van, I was so sweaty. It came down to my chest”.

During the investigation, director Viviana Meza stated the vehicle in question (the van) in the allegation was already in an automobile repair shop and provided LPA Valdez Santana the automobile repair shop receipt. Director also provided LPA the new updated Parent Handbook which includes the new “Transportation Policies and Procedures” and “Transportation Authorization Form”. In addition, director stated they would start utilizing a “transportation checklist” to ensure the vehicles are properly working prior to operating the vehicles and transporting students.

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Dianna ValdezSantana
LICENSING EVALUATOR SIGNATURE:

DATE: 11/28/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/28/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 06-CC-20220907130606
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: UNIQUE 2THE PEAK CHILDREN'S ACADEMY
FACILITY NUMBER: 304371506
VISIT DATE: 11/28/2022
NARRATIVE
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Based on the information gathered from LPA's observation, interviews, and record reviews, the preponderance of evidence standard has been met, therefore the above allegation: Facility did not maintain a comfortable temperature when transporting day-care children is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 1, 101239 (a) Fixtures, Furniture, Equipment and Supplies is being cited on the attached LIC9099D.

Exit interview was conducted. The Notice of Site Visit was posted. Facility representative was informed that the Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalty of $100. “The licensee was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights.” This report LIC 9099 was provided to the director Viviana Meza. First level appeal is to Regional Manager, address is above on the report.

(End of Report)
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Dianna ValdezSantana
LICENSING EVALUATOR SIGNATURE:

DATE: 11/28/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/28/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 06-CC-20220907130606
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: UNIQUE 2THE PEAK CHILDREN'S ACADEMY
FACILITY NUMBER: 304371506
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/28/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
11/28/2022
Section Cited
CCR
101239(a)
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Fixtures, Furniture, Equipment and Supplies: A comfortable temperature for children shall be maintained at all times. This requirement is not met as evidenced by:
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Director stated the vehicle in question (the van) in the allegation was already in an automobile repair shop and provided LPA Valdez Santana the automobile repair shop receipt. Director provided LPA updated Parent Handbook which includes, the new "Transportation Policies and Procedures" and
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Base on staff and children interview, S2 admitted transporting the children in the van despite the air conditioner not working and having C1 waited in the van with the front windows rolled down under the hot weather causing the child to be sweating.
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“Transportation Authorization Form”. Director also stated they would start utilizing a “transportation checklist” to ensure the vehicles are properly working prior to operating the vehicles and transporting students.

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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: Thuy Ho
LICENSING EVALUATOR NAME: Dianna ValdezSantana
LICENSING EVALUATOR SIGNATURE:

DATE: 11/28/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/28/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 4