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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 300610617
Report Date: 11/20/2024
Date Signed: 11/20/2024 02:26:44 PM

Unsubstantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 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
07/05/2024 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20240705154540
FACILITY NAME:SOUTH COAST YMCA-GEORGE WHITE ELEMENTARY SCHOOLFACILITY NUMBER:
300610617
ADMINISTRATOR:BELLON, MARISSAFACILITY TYPE:
840
ADDRESS:25422 CHAPPAROSA PARK DR.TELEPHONE:
(949) 495-4619
CITY:LAGUNA NIGUELSTATE: CAZIP CODE:
92677
CAPACITY:90CENSUS: 60DATE:
11/20/2024
UNANNOUNCEDTIME BEGAN:
01:46 PM
MET WITH:DirectorTIME COMPLETED:
03:00 PM
ALLEGATION(S):
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1. Staff wrongfully terminated day care child.
2. Child was observed to be secluded from the group.
3. Child was emotionally distressed and fear of adults.
4. Staff were not intervening when children were hitting and pushing each other.
5. Staff spoke inappropriately in front of the child.
6. Facility staff was yelling at a child.
7. Facility staff terminated a child's care in retaliation.

INVESTIGATION FINDINGS:
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Page 1 of 7
Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation regarding the above allegations. This is a follow up for the visit conducted on 7/8/2024. LPA met with director, Marissa Bellon. Census was taken. There were 9 school age children with 2 staff in Y1. LPA met with 2 more staff. According to director, more children and more staff will arrive at 2:05 pm. The total number of children reached to 60 school age children with 5 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 are exempt.

On 7/5/2024, the Orange County Childcare Office received a complaint alleging: 1) Staff wrongfully terminated the daycare child. During the interviews with Adult # 1 (A1) and the review of the emails provided by A1, who provided the following additional allegations. 2) Child #1 (C1) was observed to be secluded from the group of children, 3) C1 was emotionally distressed and fear of adults, 4) Staff did not intervene when
Continued on page 2
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 11/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/20/2024
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 9
Control Number 06-CC-20240705154540
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: SOUTH COAST YMCA-GEORGE WHITE ELEMENTARY SCHOOL
FACILITY NUMBER: 300610617
VISIT DATE: 11/20/2024
NARRATIVE
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children were hitting and pushing each other, 5) Staff announced the child’s expulsion in front of C1, 6) C1 mentioned facility staff yelled at C1, and 7) facility staff retaliated by expelling C1 from the program.
LPA Malek interviewed A1, who stated that C1, a 4-year-old child, was enrolled at the facility on 6/13/24. On two occasions, 6/18/24 & 7/1/24, the facility requested C1 to be picked up early due to C1’s behavior. During these 2 early pick-ups, A1 stated C1 was observed being secluded. On 7/2/2024, at pick-up time, around 1:00 pm, Adult 2 (A2) observed C1 was secluded again for the third time. According to A1, these early dismissals caused C1 additional emotional distress and fear of adults watching C1. A1 reported that A2 observed children outside hitting/pushing each other. Facility staff were nearby but did not intervene to stop the children. A1 expressed concerns that facility staff became defensive and argumentative of what A2 had witnessed onsite regarding children’s behavior, along with not wanting to provide more details on their expulsion determination and were instead issued an unexpected retaliatory response. According to A1 the facility staff, announced to A2 in front of C1 that they could no longer accommodate C1 in their program because of the C1’s behavior and they were issued an unexpected child’s expulsion in writing. A1 also stated that C1 mentioned facility staff was yelling at C1.

LPA interviewed Adult # 2 (A2), who stated on 7/2/24 at pick-up time, Staff #1 (S1) informed A2 that the facility could not accommodate C1. A2 was unhappy about what A2 was informed regarding C1 and denied being hostile to staff. A2 informed S1 that their perception was that they did not want to handle C1. A2 asked for the expulsion policy. A2 indicated it was not a friendly conversation but A2 did not yell. A2 indicated it was a dialogue/communication regarding school policy and profanity was not use during the dialogue/communication.

LPA interviewed 7 staff members, 9 children, and contacted 10 parents.
LPA interviewed S1, who stated that Staff 2 (S2) had notified S1 of C1's enrollment. According to S1 the facility staff started the intake process with C1’s parents in April 2024, almost two months before C1’s start date of 6/13/2024. S1 and S2 met with A1 to discuss C1's needs. With A1's permission, S1 contacted Agency 1 and Agency 2 for additional services to collaborate/provide to C1’s needs. S1 told A1 that C1 would be on a trial period, and A1 understood it was a trial period. The facility staff were taught techniques to
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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 11/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/20/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 9
Control Number 06-CC-20240705154540
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: SOUTH COAST YMCA-GEORGE WHITE ELEMENTARY SCHOOL
FACILITY NUMBER: 300610617
VISIT DATE: 11/20/2024
NARRATIVE
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support C1. The facility staff and the other agencies' staff constantly communicated with C1’s parents regarding C1's progress. S1 highlighted that there were times when the facility staff sought their assistance and guidance in managing C1's behavior According to S1, on some of these occasions, S2 called A1 to pick up C1. According to S1, on July 2, 2024, S2 reached out to S1 for support regarding C1's behavior. When S1 arrived at the facility, they found C1 behind the dumpster on the playground. While C1 was in a hiding spot, it was noted that C1 did not seem to be in a secluded area. S1 then engaged in a conversation with A2 to discuss strategies for addressing C1's attempts to elope and to ensure C1's safety moving forward. S1 conveyed an intention to encourage A2 to consider acquiring an assistant, with the aim of improving the overall support provided to C1. S1 stated that A2 began to yell and used inappropriate wording in an aggressive tone of voice. S1 denied making any statements regarding C1’s behavior in front of C1. S1 denied saying C1 could not attend the daycare in front of C1 because it was not S1’s decision. S1 stated S1 wanted to encourage A2 to get an assistant so they could help C1 better. S1 denied any retaliation regarding terminating C1’s services. Subsequently a letter was sent to A2 from upper management to discontinue the enrollment of C1 due to A2’s behavior and not the C1's behavior. Also, when S1 arrived at the facility on July 2, 2024, there were no observed instances of children pushing or hitting each other.

LPA Malek interviewed S2 who stated S2 started the intake process with C1’s parents before the child’s start date. S2 initiated communication with the YMCA staff to inquire about C1's participation within the YMCA's Inclusion Program, which commenced with an initial trial period. Staff members implemented effective strategies to address C1's behavior. Daily documentation of C1's activities and behaviors were conducted by the facility staff to monitor progress and facilitate informed decision-making. Throughout the nine days of C1's attendance, the facility staff made substantial efforts to accommodate C1's needs. On Tuesday, July 2, 2024, Staff Member #3 (S3) initiated communication with Staff Member 2 (S2) for assistance on the playground due to the situation where C1 was attempting to run away. S2 observed C1 separating from the group, running away, and not following instructions. C1 was hiding behind the dumpster. Facility staff were not successful in having C1 to rejoin the group. At this time, A2 arrived at the facility. S2 informed A2 they were having some struggles with C1’s behavior and that was why S2 and S3 were with C1 on the playground. S2 communicated to A2 that S1 has been invited to offer additional support. S1 subsequently arrived. According to S2 when A2 arrived at the facility children were playing Gaga Ball (Handball), and they Continued on page 4
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 11/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/20/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 9
Control Number 06-CC-20240705154540
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: SOUTH COAST YMCA-GEORGE WHITE ELEMENTARY SCHOOL
FACILITY NUMBER: 300610617
VISIT DATE: 11/20/2024
NARRATIVE
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were not fighting. S2 reported observing that A2 appeared to be very angry and began posing questions to S1 in a confrontational tone. S2 reported that she observed S1 communicating to A2 that S1 was making efforts to assist C1 by seeking support from another agency. S2 reported that they were positioned sufficiently close to overhear the conversation, during which A2 was vocally confronting S1; A2 was yelling at S1. According to S2, S1 did not tell A2 that C1 could not attend the day care any longer. S2 stated no facility staff was observed to yell at children. Children are talked to for their behavior and might sit separate to take a break for few minutes while the facility staff talk to them. No child is secluded. S2 stated S2 did not observe C1 to be stressed or be afraid of any adults. S2 stated S2 witnessed everyone was nice to C1. Dis-enrollment of services to C1 was due to A2’s behavior, and not retaliation.

LPA interviewed S3, who stated they were closely involved with C1 and indicated the presence of additional staff support, particularly during S3’s interactions with C1. S3 stated they did not observe children kicking, pushing, or fighting; they were well-behaved. According to S3, when children are not following instructions, as a last source, they ask the children a question such as “Shall we call your mom to pick you up"? "Perhaps you are having a difficult day” This approach is applied to all children only when other methods have been exhausted. S3 facility received training from S1 on effective strategies for engaging children who are not responding attentively. S3 denied observing any child to be singled out in any way. S3 stated that S3 had not witnessed any facility staff yell at children, including S3. S3 stated that C1 was very sweet, and S3 did not observe any stress or fear of adults in C1. S3 stated the facility staff worked hard in C1’s progress, and S3 did not observe any retaliation in C1’s disenrollment of services. On July 2, 2024, S3 and S4 accompanied a younger group of children, including C1, to the kindergarten playground for lunch. After lunch, children engaged in a game of tag. When C1 was tagged and felt upset, S3 observed that C1 chose to hide behind a dumpster. Recognizing the signs of distress, S3 stepped in to support C1, who appeared to be trying to leave the area. A2 arrived at the playground, and S3 indicated that they did not observe S1 or S2, informing A2 that C1 would no longer be able to attend the daycare. S2 provided A2 with information regarding C1's situation and requested assistance from S1 for additional support. S3 also reported observing A2 interrupting S1 while S1 explained that C1 required an aide for enhanced assistance. A2 interjected with inquiries about the YMCA's funding, although the tone utilized was aggressive and intense. S3 indicated that they heard S1 inform A2 that additional information on the topic could be shared later if A2 was interested. S3 also noted that they stepped away from the conversation towards the end and were unable to hear the subsequent discussion among S1, S2, and A2.
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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 11/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/20/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 9
Control Number 06-CC-20240705154540
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: SOUTH COAST YMCA-GEORGE WHITE ELEMENTARY SCHOOL
FACILITY NUMBER: 300610617
VISIT DATE: 11/20/2024
NARRATIVE
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LPA interviewed S4 and reported having observed C1 running away from the group but noted that they had not witnessed any facility staff members yelling at the children, including themselves. S4 highlighted that the staff is dedicated to creating a safe and supportive environment by preventing fighting and pushing among the children. When children do not follow instructions, staff members are trained to redirect their behavior effectively. Furthermore, S4 mentioned that children may be provided with a five minute break to calm down, during which staff engage in constructive dialogue with them; however, S4 recognized that this approach may not be effective for every child. On July 2, 2024, while supervising children on the playground, S4 noted the arrival of (A2). At that time, C1 sought reassurance by positioning themselves behind S4. Although a discussion took place between A2 and (S2), S4 remained focused on supervising and facilitating the children’s play. S4 described the children’s activities, such as soccer and tag. Overall, S4 expressed confidence that, to their knowledge, the children are neither experiencing seclusion nor exhibiting fear of adults.

LPA interviewed Staff #5 (S5) who reported that C1 frequently had difficulty following directions and demonstrated aggressive behavior towards staff. S3 has been documenting C1's daily behavior and maintaining communication with A1. The facility's discipline policy focuses on discussing inappropriate behavior with children to foster understanding. Many children respond positively and adjust their behavior. Staff members also inform parents about any concerning behaviors, promoting collaboration. In some cases, a brief five minute break may help children without singling anyone out. S5 noted that C1 did not appear stressed or fearful around adults. During soccer play, pushing and falling are common, and staff are prepared to intervene in children are fighting. S5 emphasized that staff prioritize constructive communication over yelling. On July 2, 2024, S5 was not a witness to the incident involving A2, S1, and S2.

LPA interviewed with Staff #6 (S6), who stated that when children do not adhere to instructions, the staff members remove them from the group to engage in a discussion. S6 emphasized that this practice does not equate to singling out the children. Furthermore, S6 indicated that they routinely offer children choices in their responses. S6 also noted that they have not observed any instances of staff members yelling at children. During the interview, S6 recounted their experiences with (C1), specifically mentioning an incident

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 11/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/20/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 9
Control Number 06-CC-20240705154540
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: SOUTH COAST YMCA-GEORGE WHITE ELEMENTARY SCHOOL
FACILITY NUMBER: 300610617
VISIT DATE: 11/20/2024
NARRATIVE
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where C1 was seen hitting S3. It was reported that C1 did not display signs of stress or fear in relation to the staff. There were occasions when C1 chose not to follow instructions and left the classroom. The facility staff received training from S1 on effective strategies for addressing situations when C1 was noncompliant. On July 2, 2024, S6 confirmed they did not witness the incident involving A2 and the facility staff.

LPA interviewed Staff #7 (S7), who stated that the YMCA operates an inclusion program, and that all facility staff are committed to supporting C1 in achieving progress. Following discussions with staff members during the incident on July 2, 2024, involving A2 and their conduct towards YMCA staff, it became evident that A2's behavior constituted a clear violation of YMCA policy. As a result, a letter to terminate services was issued to the family of C1. At the time of enrollment, YMCA provides a handbook detailing its policies and procedures to all families. A1 was made aware that C1's participation was on a trial basis; however, the decision to terminate services was based on A2's behavior rather than on C1. The termination letter conveyed the following: "The YMCA has made the decision to terminate C1's care due to A2's behavior towards two YMCA staff members on Tuesday, July 2, 2024. A2's actions, which included yelling, insulting staff, and making accusatory remarks, are deemed unacceptable and have caused significant distress among the staff."

LPA also interviewed 9 children in C1’s group. C1 was unavailable for an interview. The other 8 children reported that there are no instances of fighting or hitting among them. They confirmed that their teachers supervise them closely and do not raise their voices. If a child does not follow instructions, YMCA staff ask them to sit on the playground bench for a brief period, during which staff members engage with them to discuss their behavior. The children mentioned playing games such as tag and soccer. When children are not attentive in the classroom, staff loudly say Y-M-C-A and may turn off the lights to regain their attention. According to children, there is no formal time-out system, but if a child repeatedly misbehaves, staff will speak to them. They emphasized that the teachers do not yell at them.

LPA randomly contacted ten parents in the C1 group, of whom one parent responded with no concern and one parent had some unrelated concerns to the above allegations, which were addressed with the facility representative.
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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 11/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/20/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 9
Control Number 06-CC-20240705154540
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: SOUTH COAST YMCA-GEORGE WHITE ELEMENTARY SCHOOL
FACILITY NUMBER: 300610617
VISIT DATE: 11/20/2024
NARRATIVE
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LPA reviewed the provided documentation, including the intake process information, C1’s daily notes, registration enrollment packet with A1’s signature acknowledging receiving the YMCA parent handbook, admission agreement, communication of few other outside agencies to observe and support C1’s progress, and communication with A1 regarding the child’s progress. LPA reviewed the handbook and policy section signed under “L” stating that the YMCA may terminate my child’s enrollment for any of the following reasons: harassment, violent behavior, or threat of such behaviors against a staff person or other member by parent/guardian or other persons associated to the child (family member, family friend, etc.). Relentless communications, demands, and consumption of program resources to the detriment of YMCA staff and /or program participants. (Signed by the child’s representative on 4/15/2024). LPA also reviewed the letter from YMCA sent to A2 on 7/2/2024 around 5:31 pm, which stated the YMCA is choosing to terminate C1’s care at this time due to A2’s behavior towards two YMCA staff members on Tuesday, July 2, 2024. A2’s behavior of yelling, insulting the staff and making accusatory remarks is unacceptable and caused the staff extreme distress.

Based on LPA’s interviews and record reviews, there is not enough proof or evidence to support the allegations of “1) staff wrongfully terminated daycare child, 2) child was observed to be secluded from the group, 3) child was emotionally distressed and fear of adults, 4) staff were not intervening children when hitting and pushing each other, 5) staff spoke inappropriately in front of the child, 6) facility staff was yelling at a child, and 7) facility staff terminated a child's care in retaliation”. Although the allegations may have happened or are valid, there is no preponderance of evidence to prove that the alleged violations did or did not occur. Therefore, all the above allegations are UNSUBSTANTIATED.
Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100.

In the areas which were investigated, no deficiency was cited today. The director, Marissa Bellon was provided a copy of their appeal rights (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. Exit interview was conducted with director, Marissa Bellon.

End of report
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 11/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/20/2024
LIC9099 (FAS) - (06/04)
Page: 7 of 9