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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304270266
Report Date: 08/04/2021
Date Signed: 08/04/2021 10:16:26 AM

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
07/21/2021 and conducted by Evaluator Yesenia Villa
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20210721115005
FACILITY NAME:CHILDTIME CHILDREN'S CENTERFACILITY NUMBER:
304270266
ADMINISTRATOR:VASQUEZ, JENNYFACILITY TYPE:
850
ADDRESS:705 EAST BIRCH STREETTELEPHONE:
(714) 256-2010
CITY:BREASTATE: CAZIP CODE:
92821
CAPACITY:107CENSUS: 22DATE:
08/04/2021
UNANNOUNCEDTIME BEGAN:
07:40 AM
MET WITH:Jenny Vasquez, DirectorTIME COMPLETED:
10:30 AM
ALLEGATION(S):
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Children are not required to wear masks.
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs) Yesenia Villa and Patricia Rivas conducted an unannounced complaint investigation regarding the above allegation of " Children are not required to wear masks". This is a continuation from the initial complaint investigation initiated on 07/26/2021.

During today’s inspection LPAs were greeted by Master Teacher Briana Solorio who guided the LPAs on a tour of the facility were census was obtained. LPAs explained the reason for the inspection to Master Teacher Solorio was to deliver findings related to the complaint investigation .

LPAs toured the facility at approximately 7:50am with Teacher Solorio, there were a total of 22 children present with 4 staff present. Director Jenny Vasquez arrived after the tour had been conducted.
During the inspection LPAs toured classroom Room#5, 0 children present, Room#6, 9 children present with two staff, Room#7, 0 children present, Room#8, 13 children present with two staff. It was observed that 3 out of 12 children were not wearing masks in Room #8.
Substantiated
Estimated Days of Completion: 30
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Yesenia Villa
LICENSING EVALUATOR SIGNATURE:

DATE: 08/04/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/04/2021
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-20210721115005
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: CHILDTIME CHILDREN'S CENTER
FACILITY NUMBER: 304270266
VISIT DATE: 08/04/2021
NARRATIVE
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 It was observed that no children were wearing masks in Room#6.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. On 07/21/2021 an anonymous complaint was filed regarding the allegation of "Children are not required to wear masks”. According to complaint report, this facility states that they are not requiring children ages 2 and older to wear masks.

On 07/26/21 LPA Villa interviewed six staff including the Director. Six out of six staff interviewed stated it is company policy that children ages 2 and older not be required to wear a mask. LPA Villa covered COVID-19 guidelines with the Director and also confirmed a COVID-19 technical assistance inspection was conducted.

Director stated the technical assistant call was conducted on 05/29/21 with LPA Torrence. During this technical assistance call all COVID-19 requirements were discussed with the Director including the use of masks. LPA Villa asked the Director if she has participated in the Local Licensing calls where COVID-19 requirements were discussed. Director stated she attended a few of the licensing calls and on one occasion had to disconnect the call early before it ended. On 07/26/21 LPA Villa obtained a written email communication between LPA Torrence and Director Vasquez date stamped 01/20/21 @10:26 AM. LPA Torrence “You must follow the OC Public Health Guidelines and CDC guidelines, which state children over age of 2 wear face covering. However, you can not force the child to wear a mask/face covering that would be a violation of his/her personal rights."

Based on disclosures obtained during staff interviews, 6 out of 6 staff collaborated that the facility policy not required children ages 2 an up to wear masks. They encourage it only if a child comes in with a mask, they remind the child to place it back on however do not require it. Per Director they do not have extra masks in the children’s classrooms since masks are not required for children ages 2 and above. Director states most of the parents attending the facility have chosen to place their children at this facility because they do not require children ages 2 and up to wear masks. Per disclosures obtained during interviews, in rare situations, parents may send children with masks, but children are free to take them off.

During the inspection on 07/26/21, LPA’s observed children over 2 years old were not wearing masks. Staff were wearing masks but no children.The facility did not make any efforts to encourage the children to wear mask. This requirement was sent to all the childcare providers by different Provider Information Notices (PINs) from the Department. The Orange County Childcare ordinance stated masks were required for children over 2 years old who attend the childcare facilities. LPA found that the facility had not enforced this requirement among children. Based on information obtained during interviews it was found the facility did not inform the parents of this requirement however highly encouraged.

SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Yesenia Villa
LICENSING EVALUATOR SIGNATURE:

DATE: 08/04/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/04/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 06-CC-20210721115005
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: CHILDTIME CHILDREN'S CENTER
FACILITY NUMBER: 304270266
VISIT DATE: 08/04/2021
NARRATIVE
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The Guidance for Childcare Industry Covid-19 update guidance: Childcare Programs and providers July 17, 2020 stated: children aged 2 years and older should wear face coverings, especially when indoors or when 6-foot physical distance from others cannot be maintained. New Guidance for the use of face coverings took effect on June 15, 2021 and superseded all prior face covering guidance.

It stated: The following individuals are exempt from wearing masks at all times: persons younger than 2 years old, persons with medical conditions. On 7/26/21, based on personal observations and disclosures the facility did not ensure the personal rights of persons in care to safe and healthful accommodations. In this facility children did not wear face coverings while in the facility as required by the CA Dept. of Public Health Guidance on the use of face coverings on children issued June 18,2020 and updated November 16, 2020 and an individual mask exception did not apply. A copy of the County of Orange Health Officers Orders (Revised 06/17/21) was provided to the Director on today’s visit, Page 5 of 9 indicates masks are required, indoors in K-12 schools, childcare and other youth settings. PIN 21-18 CCLD was provided to the Director with the latest guidance on masks. Director was provided with added resources, print outs related to COVID-19 and LPA Villa showed the Director how to access the latest PINS, related to COVID-19. LPA Villa also provided the date and time for the next Licensing call and highly encouraged the Director to attend the call.

Statewide Face Covering guidance, CDHP Guidance for Facial Coverings – (Updated June 4th, 2021) Federal Guidance on Face Masks: CDC Facial Covering Guidance: This guidance supersedes prior COVID-19 guidance in the COVID-19 Update Guidance: Child Care Program and Providers dated July 17, 2020. Licensees and other child care providers should continue to follow COVID-19 requirements and guidance in all applicable California Department of Social Services (CDSS) and Community Care Licensing (CCL) Provider Information Notices (PIN), in addition to guidance or requirements from California Department of Public Health (CDPH), California Department of Industrial Relations Division of Occupational Safety & Health (Cal/OSHA), and local public health departments, as applicable to the particular facility. If there are differing requirements between the most current CDPH, CCL, Cal/OSHA, and local health department guidance or health orders, licensees and providers should follow the strictest requirements. Implementation of this guidance should be adapted for the setting in which you provide care and may require training and support for staff and adequate consideration of children and family needs. Follow the guidance for the childcare industry to minimize the spread of COVID-19.
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Yesenia Villa
LICENSING EVALUATOR SIGNATURE:

DATE: 08/04/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/04/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 06-CC-20210721115005
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: CHILDTIME CHILDREN'S CENTER
FACILITY NUMBER: 304270266
VISIT DATE: 08/04/2021
NARRATIVE
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Based on LPA's interviews which were conducted with a total of 6 staff (including the director) and LPA's observations, the preponderance of evidence standard has been met, therefore the allegation of “Children are not required to wear masks” is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter 12, Section 101223(a)(2) is being cited on the attached LIC 9099D.

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. The licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted with director Jenny Vazquez.
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Yesenia Villa
LICENSING EVALUATOR SIGNATURE:

DATE: 08/04/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/04/2021
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 06-CC-20210721115005
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: CHILDTIME CHILDREN'S CENTER
FACILITY NUMBER: 304270266
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/04/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/06/2021
Section Cited
CCR
101223(a)(2)
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101223(a)(2)- Personal Rights-The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidence by: The facility does not require children ages
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Director states she will send out communication to the families and post something different in their lobby regarding the requirement masks for children ages 2 and older. During today's visit it was observed that the Director had extra masks for children in the classroom. Director will email the communication to LPA Villa by POC date.
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2 and older to wear masks while in the facility as required by the CA Dept. of Public Health Guidance on the use of face coverings on children issued June 18,2020 and updated November 16, 2020 and an individual mask exception did not apply. This is a potential risk to the 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.
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Yesenia Villa
LICENSING EVALUATOR SIGNATURE:

DATE: 08/04/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/04/2021
LIC9099 (FAS) - (06/04)
Page: 5 of 5