304370256-7-14-2023-06-CC-THOO-CTTSFW-20230717135102

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370256
Report Date: 07/14/2023
Date Signed: 07/14/2023 11:01:37 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
04/24/2023 and conducted by Evaluator Patricia Duron

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230424121427

FACILITY NAME:	TUTOR TIME CHILD CARE/LEARNING CENTER		FACILITY NUMBER:	304370256
ADMINISTRATOR:	MARY JOY HILSABECK		FACILITY TYPE:	850
ADDRESS:	24291 AVILA ROAD		TELEPHONE:	(949) 831-8887
CITY:	LAGUNA NIGUEL	STATE: CA	ZIP CODE:	92677
CAPACITY:	194	CENSUS: 43	DATE:	07/14/2023
		UNANNOUNCED	TIME BEGAN:	09:30 AM
MET WITH:	Mary Joy Hilsabeck Director		TIME COMPLETED:	11:10 AM

ALLEGATION(S):

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Facility staff inappropriately handled day care children.
Facility staff threatened day care child.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Patricia Duron conducted an unannounced complaint visit to deliver the complaint findings. LPA met with Director Mary Joy Hilsabeck. Census was taken. The overall census observed was 5 staff and 43 children. A review of staff criminal clearance records on this date indicates that all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 4/24/23 a complaint was filed with the Licensing office stating facility staff inappropriately handled day care children. Facility staff threatened day care child. RP stated a staff member had a child on the ground with a broom and said if he’d get up, the teacher will break the broom over his head.

During the course of investigation, LPA interviewed 5 staff members, 3 children and 3 parents, and reviewed records. Page 1 of 3

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:	DATE: 07/14/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/14/2023

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 4

Control Number 06-CC-20230424121427

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: TUTOR TIME CHILD CARE/LEARNING CENTER	FACILITY NUMBER: 304370256
	VISIT DATE: 07/14/2023

NARRATIVE

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During the initial inspection dated 5/3/23 LPA Duron interviewed staff, 2 out of 5 staff stated they had witnessed, On April 20, 2023, Staff #6 (S6) was holding a broom in their hand and stood over child in care as child laid on the grass. Director disclosed management reviewed the video footage which was available for 48 hours only and observed S6 had a broom in their hand as S6 was standing over the child who was laying on the grass. Management immediately terminated S6 from employment and reported the incident to Licensing office.

S1 disclosed witnessing S6 tapping a child with the broom on the child’s head and said S6 was going to smash the broom over the child head. S1 also said S6 would hurt the child with the broom. The child was crying.

No staff disclosed witnessing any staff pulling the children’s ears.

LPA Duron interviewed 4 parents. 4 out of 4 parents did not have any concern with facility.

Based on information gathered from LPA’s interviews and reviewing records, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1 Section 101223(a)(1) Personal Rights and 101223(a)(3) Personal Rights. Please refer to attached 9099D for documentation of deficiencies.

LPA Patricia Duron informed Director that this report date 7/14/23 document(s) two Type A citation which shall be posted for 30 consecutive days as there are immediate risk(s) to the health, safety, or personal rights of children in care.

LPA Patricia Duron informed the Director, Mary Joy Hilsabeck to provide a copy of this licensing report dated 7/14/23 that documents any Type A citation(s) 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.

Page 2 of 3

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:	DATE: 07/14/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/14/2023

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 06-CC-20230424121427

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: TUTOR TIME CHILD CARE/LEARNING CENTER	FACILITY NUMBER: 304370256
	VISIT DATE: 07/14/2023

NARRATIVE

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An exit interview was completed. The report was reviewed and discussed. Appeal Rights were provided. Deficiencies were discussed. The facility representative was provided a copy of their appeal rights and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Licensing office within 15 business days. Any proposed changes to the physical plant, including telephone number, shall be immediately reported to the Department.

The facility representative was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. Failure to post will result in Civil Penalties of $100.00. The “Notice of Site Visit” must be posted on or adjacent to the door.

Page 3 of 3. End of Report.

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:	DATE: 07/14/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/14/2023

LIC9099 (FAS) - (06/04)

Page: 4 of 4

Control Number 06-CC-20230424121427

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: TUTOR TIME CHILD CARE/LEARNING CENTER	FACILITY NUMBER: 304370256
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 07/14/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 07/14/2023 Section Cited CCR 101223	1 2 3 4 5 6 7	101223 Personal Rights(a)(3) The licensee shall ensure that each child is accorded the following personal rights: To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat....aids physical functioning.	1 2 3 4 5 6 7	Director terminated S6 on April 24, 2023 due to incident that occurred at facility. On 7/14/23 Director provided LPA with a written statement, stating she will conduct a training for all staff by 7/21/23.
	8 9 10 11 12 13 14	This requirement is not met as evidence by: Based on LPA’s interview, S1 disclosed witnessing S6 tapping child with the broom on the child’s head and S6 was going to smash the broom over the child’s head and would hurt the child with the broom. The child was crying. This action poses an immediate risk to the health and safety to the child in care.	8 9 10 11 12 13 14	Director Mary Joy Hilsabeck will conduct a Personal Rights training with all staff and will provide LPA Duron with training sign in sheet by 7/21/23.
Type A 07/14/2023 Section Cited CCR 101223	1 2 3 4 5 6 7	101223 Personal Rights (a)(1) The licensee shall ensure that each child is accorded the following personal rights: To be accorded dignity in his/her personal relationships with staff and other persons.	1 2 3 4 5 6 7
	8 9 10 11 12 13 14	This requirement is not met as evidence by: Based on LPA’s interview, 2 staff disclosed witnessing on April 20, 2023, S6 was holding a broom in their hand and stood over child in care as child laid on the grass. This action poses an immediate risk to the health and safety of the child in care.	8 9 10 11 12 13 14

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: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:	DATE: 07/14/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/14/2023

LIC9099 (FAS) - (06/04)

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