304312394-12-5-2023-06-CC-JHAN-CYALS4-20231207080007

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304312394
Report Date: 12/05/2023
Date Signed: 12/05/2023 12:23:06 PM

Unsubstantiated

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
09/19/2023 and conducted by Evaluator Carmen Odom

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230919105132

FACILITY NAME:	HERNANDEZ, ASCBETH ESPERANZA		FACILITY NUMBER:	304312394
ADMINISTRATOR:	HERNANDEZ, ASCBETH		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(714) 415-9125
CITY:	ANAHEIM	STATE: CA	ZIP CODE:	92805
CAPACITY:	14	CENSUS: 6	DATE:	12/05/2023
		UNANNOUNCED	TIME BEGAN:	10:00 AM
MET WITH:	Ascbeth Esperanza Hernandez - Licensee		TIME COMPLETED:	12:00 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Due to lack of supervision, child sustained injuries.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Licensing Program Analyst (LPA) Carmen Odom conducted an unannounced complaint inspection to deliver the findings for the above allegation. This is a continuation of the investigation initiated on 09/26/23. At 10:00am, LPA Odom met with Licensee, Ascbeth Hernandez, who guided LPA on tour of the facility. Census was taken and LPA observed 1 infant, and 5 preschool age children playing in the childcare area, infant was awake.

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.

Continue to page 2

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:	DATE: 12/05/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2023

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 3

Control Number 06-CC-20230919105132

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: HERNANDEZ, ASCBETH ESPERANZA	FACILITY NUMBER: 304312394
	VISIT DATE: 12/05/2023

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

Page 2
The Department received a complaint on 09/19/23 alleging due to lack of supervision, a child sustained injury. The reporting party (RP) stated on 09/07/23 Child #1 (C1) had a black right eye that RP noticed when they arrived home. On 09/18/23 RP observed C1 had a burn mark on C1’s wrist. RP disclosed C1 is not verbal and C1 could not tell RP what happened. RP removed C1 from the childcare facility.

During the investigation LPA interviewed Reporting Party, 2 staff members, 3 children, 3 parents, and reviewed the children’s roster and police report.

During an interview on 09/26/23, Staff (S1) stated on 09/07/23 C1 attend the hours of 9:30am to 4:20pm, that evening after 6:00pm RP sent a picture asking S1 if C1 had injured their eye at the childcare and S1 told RP that they did not observe anything on C1’s eye that day when child left the childcare. S1 stated they even took a group picture of the children that day and there was no injury on C1’s face. S1 sent the picture to RP to demonstrate that C1 did not have any marks on their face. RP then texted back saying it's OK it might have happened in the kitchen of their home. On 09/18/23 C1 attended the hours of 9:30am to 2:55pm, child was picked up during nap time. That day C1 had a normal day, they did not observe C1 cry or hurt their hand or wrist. S1 disclosed they have 2 children that will bite or hit, that day the child that hits was not at the childcare and the other child that bites has not had any recent biting incidents. S1 will speak with the children when they do not listen.

During the investigation LPA interviewed 1 staff member on 09/26/23. Staff #2 (S2) stated C1 attended the childcare on 09/07/23 but they never observed C1 hurt themselves or another child hurt C1 on the eye. S2 disclosed that day they changed their diaper, and they never observed any bruises or marks on C1’s face. On 09/18/23 C1 was fine, never cried, and child was picked up early that day. S2 stated they will redirect and speak with the children when they are not listening.

LPA Odom attempted to interviewed 5 children on 09/26/23, however only 3 children qualified for interviews. All the children disclosed that they are never left alone, and a staff is watching them. All the children like attending the childcare and if their friend does not listen the staff will speak to them. None of the children recall C1 getting hurt while the childcare facility.
Continue to page 3

SUPERVISOR'S NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:	DATE: 12/05/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 06-CC-20230919105132

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: HERNANDEZ, ASCBETH ESPERANZA	FACILITY NUMBER: 304312394
	VISIT DATE: 12/05/2023

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

Page 3
LPA Odom attempted to interview 18 parents on 10/11/23, however only 3 parents were available for interviews. None of the parents disclosed any concerns with the childcare facility. Parent #1 (P1) disclosed that their child has been doing well at the childcare facility and they feel comfortable leaving their child at the childcare facility.

LPA obtained a copy of the Anaheim Police report on 11/27/23. Anaheim police report indicates that on 09/19/23 officers investigated on a possible child abuse report. Officers spoke with RP and S1, officers closed the case without any further action and reported it to Senior Social Worker.

Based on LPA facility inspection, observations, interviews conducted with reporting party, 2 staff members, 3 children, 3 parents and records reviewed it has been determined there was insufficient evidence that S1 was not providing supervision and C1 sustained injuries at the childcare facility. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are Unsubstantiated.

Exit interview conducted and report was reviewed with the licensee Ascbeth Hernandez. A notice of site visit was given and must remain posted for 30 days.

Appeal Rights were explained. The Licensee 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.

SUPERVISOR'S NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:	DATE: 12/05/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2023

LIC9099 (FAS) - (06/04)

Page: 3 of 3