304370065-7-30-2024-06-CC-JHAN-D7RNEV-20240802102434

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370065
Report Date: 07/30/2024
Date Signed: 07/30/2024 10:20:59 AM

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
05/23/2024 and conducted by Evaluator Karen Navar

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20240523112654

FACILITY NAME:	NEWPORT AVE PRESCHOOL & KINDERGARTEN		FACILITY NUMBER:	304370065
ADMINISTRATOR:	GUNASEKARA, MANIL		FACILITY TYPE:	850
ADDRESS:	13682 NEWPORT AVE.		TELEPHONE:	(714) 730-3424
CITY:	TUSTIN	STATE: CA	ZIP CODE:	92780
CAPACITY:	70	CENSUS: 42	DATE:	07/30/2024
		UNANNOUNCED	TIME BEGAN:	09:05 AM
MET WITH:	Director-Manil Gunasekara		TIME COMPLETED:	10:30 AM

ALLEGATION(S):

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Personal Rights

INVESTIGATION FINDINGS:

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On 7/30/2024 Licensing Program Analyst (LPA), Karen Navar conducted an unannounced complaint inspection for the purpose of delivering findings. This is a continuation of a complaint inspection initiated on 5/28/2024.
Upon arrival LPA met with Director Manil Gunasekara was led on a tour of the facility. At 9:05 am during the tour of the facility a census was taken. LPA observed a total of 42 children and 7 staff, children. During the inspection it was determined the facility is operating within its licensed capacity and within compliance with staffing ratios.

A review of the Facility Personnel Report Summary on this date indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.
On 05/23/2024, the Orange County Child Care Office received a complaint alleging: (1) Staff slapped day care children and (2) Staff locked day care child in restroom as a form of discipline. Continue to page 2

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Karen Navar
LICENSING EVALUATOR SIGNATURE:	DATE: 07/30/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/30/2024

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20240523112654

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: NEWPORT AVE PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370065
	VISIT DATE: 07/30/2024

NARRATIVE

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During the investigation, LPA reviewed parent handbook, obtained children’s roster, observed teacher child interactions, conducted interviews with the reporting party, staff, children, and parents.

On 05/28/2024, Reporting Party (RP) stated that Child #1 (C1) came home from school and stated C1, and Child #2 (C2) were slapped by Staff #10 (S10). RP also stated that S10 put C1 in a locked bathroom when child had a bathroom accident while in care.

On 05/28/2024, LPA toured facility with Director Manil Gunasekara. During inspection LPA toured classrooms, bathrooms, interviewed 9 staff, and 4 children.

Of the 9 staff (S1- S9) interviewed. S1-S9 stated that they take children to the restroom when needed. 9 staff also stated they will have children bring their extra clothes to the bathroom to change when they have an accident and will help change them if needed. 5 staff stated they will stand in the middle of the swing door of the bathroom to keep it ajar while supervising children. 9 staff stated that they will use redirection to help with behavior and have never witnessed a staff slap a child. All staff interviewed denied ever slapping a child. S1 stated they walk around the classrooms throughout the day monitoring the classrooms and that staff development meetings regarding children are conducted on an as needed basis as situations arise. During the meetings, it is discussed with the teacher what was observed in the classroom, guidance is provided when needed, and parents are talked to.

LPA attempted to interview 5 children. 3 children (C3, C4 and C6) qualified to be interviewed and stated that they like to come to school. 2 children did not qualify to interview due to limited vocabulary.

06/11/2024 LPA conducted a phone interview with staff 10 (S10). S10 stated that they do not work with children who use the bathroom, and if they do come across this situation, they take children to bathroom when needed and change their clothes if child has an accident. When asked about children’s behavior S10 stated they use redirection when needed for children’s behavior and that they have never witnessed a child be slapped or be put in the bathroom as form of discipline.

Continue to page 3

SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Karen Navar
LICENSING EVALUATOR SIGNATURE:	DATE: 07/30/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/30/2024

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20240523112654

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: NEWPORT AVE PRESCHOOL & KINDERGARTEN	FACILITY NUMBER: 304370065
	VISIT DATE: 07/30/2024

NARRATIVE

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On 7/29/2024, LPA conducted parent interviews. LPA called 8 parents and 5 of the parents called were able to be interviewed. Parents interviewed did not divulge any information pertaining to the allegations.

On 7/30/2024 LPA interviewed 2 qualified children (C7 and C8). Children stated they like to come to school and when they get hurt a teacher helps them. C8 stated that they have never seen a teacher hurt a friend and that they have never been hurt by a teacher.

Based on LPA observations, interviews with reporting party, staff, children and parents, there was not enough evidence to substantiate the allegation Personal Rights: Staff slapped day care children and staff locked day care child in restroom as a form of discipline. Although the allegation may have happened or is valid the preponderance of evidence has not been met; therefore, the allegation is found to be UNSUBSTANTIATED. No deficiency cited.

Exit interview conducted and report was reviewed with Director Manil Gunasekara. The director was informed that the “Notice of Site Visit” must be posted on or adjacent to the door for 30 days. Failure to post will result in a Civil Penalty of a $100.00. Director was provided a copy of their appeal rights (LIC 9058) 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.

SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Karen Navar
LICENSING EVALUATOR SIGNATURE:	DATE: 07/30/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/30/2024

LIC9099 (FAS) - (06/04)

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