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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 300603522
Report Date: 11/22/2022
Date Signed: 11/22/2022 12:35:10 PM

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
11/18/2022 and conducted by Evaluator Stella Gutierrez
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20221118123730
FACILITY NAME:GRACE HARBOR CHURCH AND SCHOOLFACILITY NUMBER:
300603522
ADMINISTRATOR:REBEKAH BAYFACILITY TYPE:
850
ADDRESS:12881 NEWPORT AVENUETELEPHONE:
(714) 544-4431
CITY:TUSTINSTATE: CAZIP CODE:
92780
CAPACITY:78CENSUS: 35DATE:
11/22/2022
UNANNOUNCEDTIME BEGAN:
08:45 AM
MET WITH:Rebekah Bay, DirectorTIME COMPLETED:
12:45 PM
ALLEGATION(S):
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Administrator Qualifications and Duties - Facility staff did not immediately report child abuse as required.
INVESTIGATION FINDINGS:
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On 11/22/2022 Licensing Program Analyst (LPA), Stella Gutierrez made an unannounced visit to the facility for the purpose of a complaint investigation received on 11/18/2022. LPA was met by Rebekah Bay who was explained the reason for today’s visit. Census taken today, LPA observed 05 preschool staff and 35 preschool children in care.
A review of the Facility Personnel Report Summary conducted on 11/22/2022 indicates all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.
A complaint was received on 11/18/2022 alleging that the facility staff did not immediately report child abuse as required. The allegations were investigated.
On 11/18/2022 the reporting party stated that the staff at the Grace Harbor Preschool observed bruising on a child’s face. The reporting party described the bruising to be 2 long linear, finger shaped, purple marks on the left side of the child’s face. On 11/14/2022 when the staff asked the child what happened, the child disclosed that he/she was slapped in the face at home. Page 1 of 3
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Stella Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 11/22/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/22/2022
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-20221118123730
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: GRACE HARBOR CHURCH AND SCHOOL
FACILITY NUMBER: 300603522
VISIT DATE: 11/22/2022
NARRATIVE
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 On 11/16/2022 another staff observed the child to still have the bruising on his/her face and again, the child was asked what happened. The child’s response to the previous staff coincided with previous statement made on 11/14/2022 that he/she was slapped at home. The facility reported the incident to the appropriate agency on 11/18/2022 and the reporting party is concerned that the staff waited 5 days to report the abuse.

On 11/22/2022. LPA Gutierrez made an unannounced inspection to the facility regarding the allegations of Administrator Qualifications and Duties- Knowledge of and ability to comply with applicable laws and regulations and the requirement to report abuse based on the acknowledgment (LIC 9106). A mandated reporter, who in his or her professional capacity, or within the scope of his or her employment, has knowledge of or observes a person under the age of 18 years whom he or she knows, or reasonably suspects has been the victim of child abuse or neglect must report the suspected incident. The reporter must contact a designated agency immediately or as soon as practically possible by telephone, and shall prepare and send a written report within 36 hours of receiving the information concerning the incident. [PC § 11166(a)] follow-up report by mail, fax, or electronic means within 36 hours of receiving the information about the incident
Beginning March 31, 2018, H&S Code 1596.8662 requires all licensed child care providers, administrators, or employees of a licensed child day care facility to complete the mandated reporter training, and to renew the training every two years.

During today’s inspection LPA interviewed 2 staff and reviewed facility records for both staff interviewed. On 11/14/2022 The facility Staff #1 observed bruising and the child disclosed stated " that he/she was slapped up by an adult living in their home because he/she was not laying nicely. Staff #2 stated that on 11/15/2022 the child was observed to still have the bruising and when the child was asked what happened the child stated that an adult parent had slapped him/her and Staff #2 asked child if it's ever happened before. The child stated, "Yes". Staff #1 and Staff #2 interviews reveal that they did not understand the time sensitivity of mandated reporter requirement. Staff #1 stated that there was an attempt to contact CPS via phone call to do a verbal report on 11/14/2022 but could not provide LPA with the evidence of the contact. Staff #2 stated that the incident verbally told to he/she about the incident by Staff #1 on 11/14/2022 but did not assess the incident until 11/16/2022. Staff #2 further stated that she reported the incident to Licensing on 11/17/2022 and the then to CPS on 11/18/2022.

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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Stella Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 11/22/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/22/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 06-CC-20221118123730
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: GRACE HARBOR CHURCH AND SCHOOL
FACILITY NUMBER: 300603522
VISIT DATE: 11/22/2022
NARRATIVE
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Records revealed that there was no verbal report made immediately to appropriate agency. On 11/16/2022 The facility Staff #2 observed the child to still have the bruising on his/her face and then again, the child stated to staff that he/she was slapped by an adult living in the home. LPA, Gutierrez reviewed Staff #1 and Staff #2 files during today’s inspection. It was observed that Staff #1 and Staff #2 completed the mandated reporter training and was current prior to the incident on 11/14/2022 and have also signed the Statement Acknowledging Requirement to Report Child Abuse (LIC 9106) for Staff #1 dated 08/24/2020 and Staff #2 dated 04/01/2022.

Based on statements and records the allegation of Administrator Duties - that the facility staff did not immediately report child abuse as required is substantiated. The facility staff did not adhere to their mandated reporter obligations of the California law in a timely manner which poses an immediate risk to the children in care. A substantiated finding means that the complaint is substantiated, and the allegation is valid because the preponderance of the evidence standard has been met. The following violations were revealed and are being cited in accordance with California Code of Title 22 Regulation 101215 (b)(2) (5) , 1 Type A deficiency will be cited today. Please refer to attached 9099 (D).

LPA, Stella Gutierrez informed the director, Rebekah Bay that this report dated 11/22/2022 document(s) 1 Type A citations 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, Stella Gutierrez informed the director to provide a copy of this licensing report dated 11/22/2022 that documents any Type A citations 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.

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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Stella Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 11/22/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/22/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 06-CC-20221118123730
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: GRACE HARBOR CHURCH AND SCHOOL
FACILITY NUMBER: 300603522
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/22/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
12/02/2022
Section Cited
CCR
101215(b)(2)(5)
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101215 Administrator Qualifications and Duties- (b) The administrator shall have the following qualifications: (2)Knowledge of and ability to comply with applicable laws and regulations.(5) Ability to recruit, employ, train, direct.... This requirement was not met as evidence by statements and records. The facility staff stated they
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Staff #2 stated the staff at the facility will be provided a training on the LIC 9106 and the importance of the reporting requirements to all agencies. The LPA will be provided with a meeting agenda and role sheet signed by each staff present working at the facility attending the meeting by the specified date of 12/02/2022.
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 were unaware of the mandated reporter timely requirement. Suspected child abuse that was made verbally from child and evidence of bruising is sufficient evidence that the staff should have immediately Reporter the incident and did not until day 5. This poses a risk 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: Patricia Magana
LICENSING EVALUATOR NAME: Stella Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 11/22/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/22/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 4