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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371570
Report Date: 07/10/2024
Date Signed: 07/10/2024 11:47:54 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 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
05/01/2024 and conducted by Evaluator Sarah Garcia
COMPLAINT CONTROL NUMBER: 06-CC-20240501094928
FACILITY NAME:MIRACULOUS MILESTONESFACILITY NUMBER:
304371570
ADMINISTRATOR:LUU, JAMIEFACILITY TYPE:
850
ADDRESS:1000 BISON AVENUETELEPHONE:
(562) 381-4803
CITY:NEWPORT BEACHSTATE: CAZIP CODE:
92660
CAPACITY:70CENSUS: DATE:
07/10/2024
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Jaime Luu, DirectorTIME COMPLETED:
10:30 AM
ALLEGATION(S):
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Staff left daycare children unattended.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Sarah Garcia conducted an unannounced complaint inspection to deliver the findings for the above allegations. This is a continuation of the investigation initiated on 05/07/2024. Upon arrival, LPA met with Director Jaime Luu. Director guided LPA on a walkthrough of the facility. Census was taken and LPA observed a total of 38 preschool children with 8 staff.A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

The Department received a complaint on 05/01/2024 alleging (1) Staff left daycare children unattended. Reporting Party (RP) stated there were two incidents involving two daycare children. LPA was able to interview the RP for further information. RP states that in March 2024 staff left a child outside in the playground unattended. RP states April 2024 Child 1 (C1) was left in the bathroom unattended. RP states the facility never reports these incidents.
(Continued on page 2)


Substantiated
Estimated Days of Completion: 70
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Sarah Garcia
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
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 7
Control Number 06-CC-20240501094928
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: MIRACULOUS MILESTONES
FACILITY NUMBER: 304371570
VISIT DATE: 07/10/2024
NARRATIVE
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(Page 2)
During the investigation, LPA Garcia interviewed 11 staff, 7 parents, reviewed the facility roster, parent handbook, admission agreement, C1 file, personnel report, child’s assessment record, and team member handbook.

During staff interviews on 05/07/2024, Staff 1 (S1) stated “a coworker left a child in the bathroom.” Staff 2 (S2) stated Staff 12 (S12) went to the bathroom with 10 children and came back with 9. When S12 was asked about it by S2 they ran out of the room to go get C1 in the bathroom. S2 stated S12 is “no longer here.” Staff 3 (S3) stated S12 disclosed in a casual conversation that they “left one alone.”
Staff 4 (S4) and Staff 6 (S6) made no disclosures regarding the above-mentioned allegations.

Staff 5 (S5) stated that S12 “left a child alone and that teacher left the child, got fired, and no one knew.” S5 stated S12 was let go 4/16/24 or 4/17/24.” Staff 7 (S7) stated “there was a child left behind in the bathroom. This was not the first time. I was in another classroom with the teachers, and S12 had taken a few kids to the bathroom, and she S12 came back. S2 asked where’s the student was and S12 looked around and ran. C1 was crying in the bathroom.” Staff 8 (S8) stated, “there was an incident that occurred where C1 was left alone in the bathroom. The teacher told me about it, and S12 [was] afraid that they would be terminated because of that.” Staff 9 (S9) stated, “I think there was a teacher who left a student behind in the bathroom and she was terminated. That is all I know because I wasn’t there that day.”

When LPA asked the Staff (S10) if a child was unsupervised, S10 stated, “Yeah, so that has only happened once before. We were notified by the teacher. We let the teacher go and notified the parents.” S10 stated, “The child left alone was C1, and the teacher was S12. The teacher who was in ratio is S12.” Staff 11 (S11) stated “S12 was let go April 18th. That incident occurred April 18th.” S11 stated, “S12 took the boys to the restroom and realized quickly that one of the children was missing. S12 went right back to grab C1. S12 admitted to everything. We did not talk very long.” S11 stated “I spoke with [C1’s] parents that day. I spoke with teachers in the classroom about it. We did not do an incident report. I honestly was going to report it to licensing.... I fired S12.”

LPA Garcia interviewed 7 parents. Parents interviewed made no disclosures.

(continue to page 3)

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Sarah Garcia
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 06-CC-20240501094928
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: MIRACULOUS MILESTONES
FACILITY NUMBER: 304371570
VISIT DATE: 07/10/2024
NARRATIVE
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(Page 3)

Based on LPA’s staff interviews, it has been determined Staff left daycare children unattended, and facility did not report this incident to the Department in a timely manner. The preponderance of evidence standard has been met, therefore the above allegations are found to be Substantiated. California Code of Regulations, Title 22, 101229 (a)(1) Responsibility for Providing Care and Supervision and 101212(d)(1)(C) Reporting Requirements are being cited on the attached LIC9099D.

LPA Sarah Garcia informed Director Jaime Luu, that this report dated 7/10/2024 documents (1) 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 Sarah Garcia informed Director Jaime Luu, to provide a copy of this licensing report dated 7/10/2024 that documents any Type A citation 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 Jaime Luu. 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 were explained. The Director was provided a copy of appeal rights (LIC 9058 01/16) 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. First level appeals should be sent to the regional manager to the address listed above.

End of Report

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Sarah Garcia
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 06-CC-20240501094928
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: MIRACULOUS MILESTONES
FACILITY NUMBER: 304371570
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/10/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
07/17/2024
Section Cited
CCR
101229(a)(1)
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101229(a)(1) Responsibility for Providing Care and Supervision
"(a) The licensee shall provide care and supervision....
(1) No child(ren) shall be left without the supervision of a teacher at any time..."
This requirement was not met as evidenced by:
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Director agreed to create a training on care and supervision and conduct a 1. Training and 2. Meeting. Director agreed to training agenda, and staff sign in sheet to LPA email sarah.garcia@dss.ca.gov by 5pm on 7/17/24.
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Based on interviews and record review, Child 1 (C1) was left unattended in the bathroom by Staff 12 (S12). C1 was not provided care and supervision during that time. This is an immediate risk to the health and safety, and personal rights risk to children in care.
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Type B
07/17/2024
Section Cited
CCR
101212(d)(1)(C)
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101212(d)(1)(C) Reporting Requirements: Upon the occurrence, ... (d)(1) below, a report shall be made to ... next working day and during its normal business hours. Any unusual incident or child absence...
This requirement was not met as evidenced by:
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Director and assistant director agreed to watch a video on reporting requirements. Director agreed to sign declarations stating what they have learned and send to LPA email sarah.garcia@dss.ca.gov by 5pm on 7/17/24.
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Based on interviews and record review, Child 1 (C1) was left unattended in the bathroom by Staff 12 (S12). Facility did not report incident to the Department in a timely manner. This is a potential risk to the health and safety to 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: Patricia Magana
LICENSING EVALUATOR NAME: Sarah Garcia
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 7
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 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
05/01/2024 and conducted by Evaluator Sarah Garcia
COMPLAINT CONTROL NUMBER: 06-CC-20240501094928

FACILITY NAME:MIRACULOUS MILESTONESFACILITY NUMBER:
304371570
ADMINISTRATOR:LUU, JAMIEFACILITY TYPE:
850
ADDRESS:1000 BISON AVENUETELEPHONE:
(562) 381-4803
CITY:NEWPORT BEACHSTATE: CAZIP CODE:
92660
CAPACITY:70CENSUS: DATE:
07/10/2024
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Jaime Luu, DirectorTIME COMPLETED:
10:30 AM
ALLEGATION(S):
1
2
3
4
5
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9
Staff falsifying daycare child’s records.
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
Licensing Program Analyst (LPA), Sarah Garcia conducted an unannounced complaint inspection to deliver the findings for the above allegations. This is a continuation of the investigation initiated on 05/07/2024. Upon arrival, LPA met with Director, Jaime Luu. Director guided LPA on a walkthrough of the facility. Census was taken and LPA observed a total of 38 preschool children with 8 staff. A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.
The Department received a complaint on 05/01/2024 alleging “Staff falsifying daycare child’s records.”

The Reporting Party (RP) stated, “S11 is telling staff members to falsify a daycare child’s (anonymous) ‘assessment record’.” RP stated S11 wanted staff members to falsify the document stating the child “can’t write his name” and other things. RP stated some staff members are refusing to falsify the child’s assessment record and some staff members are agreeing to do so.”
(Continued on page 2)
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Sarah Garcia
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 06-CC-20240501094928
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: MIRACULOUS MILESTONES
FACILITY NUMBER: 304371570
VISIT DATE: 07/10/2024
NARRATIVE
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Page 2 of 3
During the investigation, LPA Garcia interviewed 11 staff, 7 parents, reviewed the facility roster, parent handbook, admission agreement, C1 file, personnel report, child’s assessment record, and team member handbook.

During staff interviews on 05/07/2024, LPA asked staff if they witnessed falsification of children’s assessment records. S2 stated “the assessment is a Desired Results Developmental Profile (DRDP) type of an assessment…done by staff.” S2 stated, “There should be reason not to and what to know and what they know. Communicate with families and let them know where they are at in the school year.” S4 stated, “I do not see why they would be dishonest or fill it out to the best of their knowledge. Children develop at different rates. Sometimes they might be doing well in one area. It is just a snapshot. It is fluid. I do not see a reason why they would be dishonest. When I am filling it out, I am being objective. I can’t see why a teacher would lie about that.”

S5 stated “Yes, S10. [They] made an assessment on a child that they know of... in order to prove them right.” S6 stated, “I am unaware of any fabrication for assessments.” S7 stated, “this parent is very involved in the community. S11 wanted me to write statements and was coaching me on what to say.” S8 stated, “No not that I know of. It is the lead teacher who would complete these reports and administration would go over to make sure they are complete and accurate.”

S10 stated, “I have not heard about any of that. We keep a copy of that. It is more so for the parents to track their development. We do send it home. The lead teachers fill them out. We have a binder the DRDP binder that has all the indicators and if they need clarification, they can ask us. We started them a year and a half ago, so teachers know how to do it." S11 stated, “No, all I have done is make sure teachers are aware of how to make these assessments correctly. Any teachers that do to feel comfortable making the assessments. Those that need practice or more resources. If teachers are not showing accurate skills to reflect the accurate information they go through training.” LPA asked for clarification and S11 stated, “If I feel like particular teachers do not demonstrate the skill, I will make sure they have the resources to do..”

S1, S3, and S9 made no disclosures regarding the above-mentioned allegations.
(Continued on page 3)
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Sarah Garcia
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 06-CC-20240501094928
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: MIRACULOUS MILESTONES
FACILITY NUMBER: 304371570
VISIT DATE: 07/10/2024
NARRATIVE
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Page 3 of 3

LPA Garcia interviewed 7 parents. 6 out of 7 parents made no disclosures. Parent 1 (P1) stated via voicemail, “…feel like [my child] is being discriminated…They're trying to push [child] out there withholding assessments. They made a false assessment about [child].” LPA attempted to contact, left a voicemail but P1 could not be reached.

LPA reviewed a sample assessment record. The assessments are not official Department records. The assessments are utilized for facility records and purposes. Based on the interviews and record review, there is insufficient evidence to corroborate the above allegation that staff is falsifying daycare child’s records. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore, the above allegation is found to be UNSUBSTANTIATED.

Exit interview conducted and report was reviewed with the Director Jaime Luu. 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 were explained. The Director was provided a copy of appeal rights (LIC 9058 01/16) 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. First level appeals should be sent to the regional manager to the address listed above.




End of Report
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Sarah Garcia
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
LIC9099 (FAS) - (06/04)
Page: 7 of 7