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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371585
Report Date: 06/05/2024
Date Signed: 06/05/2024 04:54:43 PM

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
05/20/2024 and conducted by Evaluator Nguyen K Tran
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20240520142011
FACILITY NAME:KIDDIE ACADEMY OF BUENA PARKFACILITY NUMBER:
304371585
ADMINISTRATOR:BARBA, KARLAFACILITY TYPE:
850
ADDRESS:7501 COMMONWEALTH AVENUETELEPHONE:
(714) 752-6294
CITY:BUENA PARKSTATE: CAZIP CODE:
90621
CAPACITY:114CENSUS: 57DATE:
06/05/2024
UNANNOUNCEDTIME BEGAN:
11:45 AM
MET WITH:Karla Barba, DirectorTIME COMPLETED:
03:00 PM
ALLEGATION(S):
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Staff did not prevent a daycare child from causing harm to other daycare children.
Staff are not following the terms and conditions of the license.
INVESTIGATION FINDINGS:
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On 06/05/2024, Licensing Program Analyst (LPA) Tran conducted a subsequent inspection to deliver findings for the above complaint allegations. LPA Tran met with Director Karla Barba. A toured the facility was conducted, and a census was taken. Observed at the time of the visit was a total of 12 preschool children and 1 staff the Fives classroom, 18 preschool children with 2 staff members in the Threes classroom, 13 children with 2 staff members in the Older Twos classroom, and 14 preschool children and 3 staff in the Younger Twos classroom.
A review of the Facility Personnel Report Summary on 06/05/2024 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.
On 05/20/2024, the Regional Office received a complaint with allegations (1) Staff did not prevent a daycare child from causing harm to other daycare children and (2) Staff are not following the terms and conditions of the license.
(Continued next page)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Martha Malane
LICENSING EVALUATOR NAME: Nguyen K Tran
LICENSING EVALUATOR SIGNATURE:

DATE: 06/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/05/2024
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 6
Control Number 06-CC-20240520142011
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: KIDDIE ACADEMY OF BUENA PARK
FACILITY NUMBER: 304371585
VISIT DATE: 06/05/2024
NARRATIVE
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(Page 2 of Report)

During the investigation, LPA interviewed 7 staff members, reviewed facility camera footage on 05/16/24 and children's files.

During interviews, 7 interviewed staff stated they were aware of the incident when Child #1 (C1) pushed Child #2 (C2) while playing on the playground, which resulted in C2 sustained injury on the mouth including bruised on gum and a cut on C2's lip. Director stated 2 staff members were given verbal warnings due to concerns that staff were talking to one another while being on the playground and not providing adequate supervision for the children in care.

During record reviews, the facility camera footage on 05/16/2024 revealed 4 staff were supervising 35 children on the playground, at 11:33am, C1 was observed hitting C2 on C2's face and arm while C2 was sitting down on C2's bike. C2 was moving away from C1 and C1 continued to run after C2 to keep hitting C2 on C2's face and C2's shoulder. As C2 rode C2's bike away from C1, C1 got up from C1's bike and chased after C2 and C1 pushed C2 from the back of the bike causing the C2 to fall over toward the right side of the bike and hit C2's face on the ground and sustained injury. During this whole incident, which lasted about 3-5 minutes, LPA did not observe the 4 staff members, who were present on the playground, paying any attention to C1 and C2, and did not intervene as C1 continuously hitting C2 as staff were standing nearby. During reviewing the children's files, LPA discovered 3 children over the age of 6 were attending in the facility. Director stated Director was not aware that the facility could only provide care for children from the age of 2 to 5 as it was written on the terms of the facility license. This is a violation of the license's terms according Title 22 regulations.

Based on the information LPA gathered from record reviews and interviews, the preponderance of evidence standard has been met, therefore the allegations (1) Staff did not prevent a daycare child from causing harm to other daycare children and (2) Staff are not following the terms and conditions of the license, are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 1, Section 101229 Responsibility for Providing Care and Supervision and 101161 Limitations on Capacity cited on the attached LIC9099D.

(Continued next page)
SUPERVISORS NAME: Martha Malane
LICENSING EVALUATOR NAME: Nguyen K Tran
LICENSING EVALUATOR SIGNATURE:

DATE: 06/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/05/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 06-CC-20240520142011
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: KIDDIE ACADEMY OF BUENA PARK
FACILITY NUMBER: 304371585
VISIT DATE: 06/05/2024
NARRATIVE
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(Page 3 of Report)

Due to the Type A violation, the licensee shall post and provide copies of the report to parents/guardians of the children in care at the facility by the next business day, and shall provide to the parents/guardians of children newly enrolled at the facility during the next 12 months. In addition, the licensee shall immediately post upon receipt the Proof of Correction for 30 consecutive days and provide a copy to current and enrolling parents. The licensee is to keep Acknowledgement Receipt (LIC 9224) signed by parents in each child’s file. Failure to post Type A reports for 30 days will result in a Civil Penalty of $100.00

Appeal Rights and deficiency 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. Exit interview conducted and report was reviewed with Director Karla Barba.

(End of Report)

SUPERVISORS NAME: Martha Malane
LICENSING EVALUATOR NAME: Nguyen K Tran
LICENSING EVALUATOR SIGNATURE:

DATE: 06/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/05/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 06-CC-20240520142011
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: KIDDIE ACADEMY OF BUENA PARK
FACILITY NUMBER: 304371585
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/05/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
06/12/2024
Section Cited
CCR
101229(a)
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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.
This requirement is not met evidenced by:
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Director stated she had conducted staff meeting and addressed concerns with the involved staff. Director will submit a detailed plan to ensure staff are providing adequate supervision on the playground, to LPA, by due date.
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Based on LPA interviews and record reviews, all 4 staff members, who were present on the playground, did not intervene to redirect/stop C1 from causing injury to C2, which posed an immediatel risk to the health, safety and personal rights to the children in care.
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Type A
06/05/2024
Section Cited
CCR
101161(a)
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101161 Limitations on Capacity (a) A licensee shall not operate a child care center beyond the conditions and limitations specified on the license, including the capacity limitation.
This requirement is not met evidenced by:
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Director states she will disenroll the three children, who are 6 years old, currently in the facility, as of today 06/05/2024.
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Based on LPA interview and record review, Director confirmed that facility was out of compliance with the license's terms by providing care for 3 children over the age of 6 years old, which posed an immediatel risk to the health, safety and personal rights 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: Martha Malane
LICENSING EVALUATOR NAME: Nguyen K Tran
LICENSING EVALUATOR SIGNATURE:

DATE: 06/05/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/05/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 6
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
05/20/2024 and conducted by Evaluator Nguyen K Tran
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20240520142011

FACILITY NAME:KIDDIE ACADEMY OF BUENA PARKFACILITY NUMBER:
304371585
ADMINISTRATOR:BARBA, KARLAFACILITY TYPE:
850
ADDRESS:7501 COMMONWEALTH AVENUETELEPHONE:
(714) 752-6294
CITY:BUENA PARKSTATE: CAZIP CODE:
90621
CAPACITY:114CENSUS: 57DATE:
06/05/2024
UNANNOUNCEDTIME BEGAN:
11:45 AM
MET WITH:Karla Barba, DirectorTIME COMPLETED:
03:00 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Staff are demonstrating inappropriate form of discipline.
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On 06/05/2024, Licensing Program Analyst (LPA) Tran conducted a subsequent inspection to deliver findings for the above complaint allegations. LPA Tran met with Director Karla Barba. A toured the facility was conducted, and a census was taken. Observed at the time of the visit was a total of 12 preschool children and 1 staff the Fives classroom, 18 preschool children with 2 staff members in the Threes classroom, 13 children with 2 staff members in the Older Twos classroom, and 14 preschool children and 3 staff in the Younger Twos classroom.
A review of the Facility Personnel Report Summary on 06/05/2024 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.
On 05/20/2024, the Regional Office received a complaint with allegation Staff are demonstrating inappropriate form of discipline.
(Continued next page)
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Martha Malane
LICENSING EVALUATOR NAME: Nguyen K Tran
LICENSING EVALUATOR SIGNATURE:

DATE: 06/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/05/2024
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 6
Control Number 06-CC-20240520142011
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: KIDDIE ACADEMY OF BUENA PARK
FACILITY NUMBER: 304371585
VISIT DATE: 06/05/2024
NARRATIVE
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(Page 2 of Report)

During the investigation, LPA interviewed 7 staff members and reviewed facility playground schedule.

All interviewed staff stated the children in classroom Threes, Fours and Fives did not go to the playground after the incident and staff were instructed to do recess indoor while management team working on an appropriate measure including staff training and an updated playground schedule to ensure adequate supervision is being provided for the children on the playground.

During record reviewed, LPA reviewed the updated playground schedule in which the classes are scheduled to be outdoor in the playground twice a day, in the morning and in the afternoon for 30 minutes and they do not combine with another class as opposed to a combination of 3 classrooms (35 children) be on the playground at the same time as it was on 05/16/2024.

Based on the information LPA gathered from record reviews and interviews, there is insufficient evidence to corroborate the allegation staff are demonstrating inappropriate form of discipline. Although the allegation may have happened or are valid, there is not a preponderance of evidence to prove that staff are demonstrating inappropriate form of discipline, did or did not occur, therefore the allegation staff are demonstrating inappropriate form of discipline is unsubstantiated.

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) and their signature on this form acknowledges receipt of these rights.” This report LIC 9099 was provided to the director Karla Barba. First level appeal is to Regional Manager, address is above on the report.

(End of Report)




(Continued next page)
SUPERVISORS NAME: Martha Malane
LICENSING EVALUATOR NAME: Nguyen K Tran
LICENSING EVALUATOR SIGNATURE:

DATE: 06/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/05/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 6