Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304204980
Report Date: 02/12/2019
Date Signed: 02/12/2019 02:42:22 PM


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
09/05/2018 and conducted by Evaluator Leonor Barajas
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20180905144846
FACILITY NAME:RASPPERRY, LAURA ANNFACILITY NUMBER:
304204980
ADMINISTRATOR:RASPPERRY, LAURA ANNFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(714) 871-3653
CITY:FULLERTONSTATE: CAZIP CODE:
92833
CAPACITY:14CENSUS: DATE:
02/12/2019
UNANNOUNCEDTIME BEGAN:
12:15 PM
MET WITH:Licensee Laura, RaspperryTIME COMPLETED:
03:00 PM
ALLEGATION(S):
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Child in care hit by adult.
Day care children being yelled at by adult.
Children in care being kept waiting from being fed.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Leonor Barajas and Licensing Program Manager (LPM), Rina Lopez conducted an unannounced complaint investigation to deliver the findings of the following allegations: children are hit and yelled by adult #1 and children in care are kept waiting from being fed. These allegations were initially investigated by LPA Susan Du. During today’s investigation, LPA and LPM met with licensee, Laura Ann Raspperry who allowed LPA and LPM entrance into the facility. Present was licensee caring for seven children ages: (4 infants, two preschool age children, and one school age child) with 3 adults including licensee. Upon entrance into the facility, licensee had her adult son, Tim and husband, Eric wake up and assist with the day care children. Tim assisted with the day care children throughout the inspection.

During the investigation, LPA Du interviewed 7 adults including a witness, and obtained a copy of police report from Fullerton Police Department. During today's investigation, LPA Barajas and LPM Lopez provided the complaint investigation findings to license. Continued on page 2
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Leonor BarajasTELEPHONE: (714) 703-2825
LICENSING EVALUATOR SIGNATURE:

DATE: 02/12/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/12/2019
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-20180905144846
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: RASPPERRY, LAURA ANN
FACILITY NUMBER: 304204980
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/12/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
02/13/2019
Section Cited
CCR
102423(a)(4)
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102423(a)(4) Personal Rights. Each child shall be free from corporal or unusual punishment. To be free from unusual punishment, infliction of pain... physical functioning: This requirement is not met as evidenced by: Based interviews conducted by LPA Du who interviewed 7 adults including a witness on 09/13/18, Police Department
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Licensee stated will watch the personal rights video and send a written statement on how to handle children when they misbehave or have behavioral issues, due by 02/13/19.
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interviews conducted by the Fullerton who stated Adult #1 was observed hitting a child on their while changing their diaper on 09/04/18 and interview of child #1 during today’s investigation by LPM Lopez who disclosed Adult #1 has spanked children on their bottom when children are being put to sleep and when children fight.
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This is an immediate risk to the personal rights of children in care.
Type A
02/13/2019
Section Cited
CCR
102423(a)(4)
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102423(a)(4) Personal Rights. Each child shall be free from corporal or unusual punishment. To be free from unusual punishment, infliction of pain... physical functioning: This requirement is not met as evidenced by: Based interviews conducted by LPA Du who interviewed 7 adults including a witness on 09/13/18, Police Department
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Licensee stated will watch the personal rights video and send a written statement on how to handle children when they misbehave or have behavioral issues, due by 02/13/19.
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interviews conducted by the Fullerton who stated Adult #1 was observed yelling at a child, while changing their diaper on 09/04/18 and interview of child #1 during today’s investigation by LPM Lopez who disclosed Adult #1 has spanked children on their bottom when children are being put to sleep and when children fight.
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This is an immediate risk to the personal rights of children in care
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: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Leonor BarajasTELEPHONE: (714) 703-2825
LICENSING EVALUATOR SIGNATURE:

DATE: 02/12/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/12/2019
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 06-CC-20180905144846
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: RASPPERRY, LAURA ANN
FACILITY NUMBER: 304204980
VISIT DATE: 02/12/2019
NARRATIVE
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Page 2

Regarding the allegation of child in care hit by an adult, it was disclosed through interviews conducted by LPA Du and Fullerton Police Department from adults that Adult #1 (Refer to Confidential Names form (LIC 811) dated 02/12/19) hit a child twice on their legs while changing a child’s soiled diaper on 09/04/18. During the interview conducted by LPA Du with licensee on 09/13/18, licensee denied Adult #1 hitting any children, no interviews were conducted by LPA Du with day care children due to them being too young to be interviewed on 09/13/18 investigation. During today’s investigation, LPM Lopez interviewed day care child #1 who disclosed Adult #1 has spanked children on their bottom when children are being put to sleep and when children fight. Based on information disclosed by a witness of Adult #1 hitting a child while changing a soiled diaper and statement of child #1 stating Adult #1 has spanked children when trying to put them to sleep or when trying to prevent them from fighting, the preponderance of evidence standards has been met, therefore the allegation of Adult hitting children is found to be substantiated. California code of Regulations, Title 22, Division & Chapter 12, Personal Rights - Section 102423(a)(4) is being cited on the attached LIC 9099D.

Regarding the allegation of day care children being yelled at by Adult #1, it was disclosed through interviews from adults including a witness, day care child, and Adult #1’s statement that Adult #1 has raised their voices to stop children from hurting other children. During interviews conducted by LPA Du on 09/13/18, Adult #1 admitted there were times Adult #1 raised their tone of voice to stop kids from hurting themselves or fighting over toys. Also, during interviews, it was confirmed Adult #1 only raises their voice if necessary, when children are getting aggressive or pushing or fighting. During today’s investigation, LPM Lopez interviewed child #1 who stated licensee yells at the children when the children fight. Based on information disclosed by a witness, Adult #1 admitting raising their voice at children to prevent them from fighting or getting hurt, and today’s interview with a day care child, the preponderance of evidence standards has been met, therefore the day care children being yelled at by Adult #1 is found to be substantiated. California code of Regulations, Title 22, Division & Chapter 12 Personal Rights Section 102423(a)(4) is being cited on the attached LIC 9099D.


Continued on page 3
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Leonor BarajasTELEPHONE: (714) 703-2825
LICENSING EVALUATOR SIGNATURE:

DATE: 02/12/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/12/2019
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 06-CC-20180905144846
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: RASPPERRY, LAURA ANN
FACILITY NUMBER: 304204980
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/12/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
02/19/2019
Section Cited
CCR
102423(a)(1)
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102423(a)(1)-Personal Rights. Each child receiving services from a family child care home shall be accorded dignity in his/her personal relationships with staff, residents and other persons.This requirement is not met as evidence by: Based on LPA Du, observations on 09/13/18, children were sitting on the sofa for 10 minutes before it was their turn to eat.
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Licensee stated she will use a sheet or plastic and place picnic table in living room area for all children to eat or have snack at the same time, a written statement and pictures stating how corrections will be made for the future is due by 02/19/2019
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LPM and LPA observed two children had to wait to be fed due to the lack of seats available during feeding time. This is a potential risk to health and safety of 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.
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Leonor BarajasTELEPHONE: (714) 703-2825
LICENSING EVALUATOR SIGNATURE:

DATE: 02/12/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/12/2019
LIC9099 (FAS) - (06/04)
Page: 5 of 5
Control Number 06-CC-20180905144846
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: RASPPERRY, LAURA ANN
FACILITY NUMBER: 304204980
VISIT DATE: 02/12/2019
NARRATIVE
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Page 3

In reference to the allegation of children in care are kept waiting from being fed, it was disclosed through interviews from 7 adults, licensee, and a day care child that some children have to wait to be fed due to the limited amount of seats available in the kitchen area. During the investigation inspection conducted by LPA Du on 09/13/18, LPA observed children sitting on the sofa for 10 minutes before it was their turn to eat.

Licensee stated usually 1 or 2 children must wait for their turn to eat. Licensee stated there are not enough seats for all children to sit at the table. A witness interviewed by LPA Du stated a child was hungry and licensee kept saying, "It is not your turn." A child kept going into the kitchen and was the only one that had to wait to eat. The child waited 15 minutes for food. LPA Du did not conduct interviews with children due to children being too young to be interviewed. During today’s investigation, LPM observed four chairs and one high chair, LPM interviewed child #1 who stated some children have to wait to eat because there are not enough seats for all the children to eat at the same time. LPM and LPA observed two children had to wait to be fed due to the lack of seats available during feeding time. Based on LPA Du’s observation, information disclosed by a witness, licensee admitting to usually having 1 or 2 children waiting their turn for about 10-15 minutes before they can eat, LPM Lopez interview with day care child, and LPA’s Barajas and LPM Lopez observation today, the preponderance of evidence standards has been met, therefore the children in care being kept waiting from being fed was found to be substantiated.

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.

This report cites a Type A violation and shall be provided to parents/guardians of children currently in enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC9224 to be kept in each child's file.

Exit interview was conducted. The Notice of Site Visit was posted. Licensee was informed that the Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. Appeal Rights was explained. A copy of appeal rights, LIC 9058 (1/16) was provided and their signatures on this form acknowledges receipt of these rights. First level appeal is to Regional Manager, Bertha Manzanares, address is above.
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Leonor BarajasTELEPHONE: (714) 703-2825
LICENSING EVALUATOR SIGNATURE:

DATE: 02/12/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/12/2019
LIC9099 (FAS) - (06/04)
Page: 4 of 5