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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304370292
Report Date: 10/27/2021
Date Signed: 10/27/2021 10:42:35 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
08/31/2021 and conducted by Evaluator Cindy Nguyen
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20210831151255
FACILITY NAME:TUTOR TIME CHILD CARE/LEARNING CENTERFACILITY NUMBER:
304370292
ADMINISTRATOR:WEST, LORIFACILITY TYPE:
850
ADDRESS:1550 BRISTOL STREET NORTHTELEPHONE:
(949) 955-2672
CITY:NEWPORT BEACHSTATE: CAZIP CODE:
92660
CAPACITY:105CENSUS: 30DATE:
10/27/2021
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Director, Lori WestTIME COMPLETED:
11:15 AM
ALLEGATION(S):
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Children age 2 and above are not wearing nor being encouraged to wear face coverings.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Nguyen conducted an unannounced investigate the above allegation. This is a continuation of the investigation initiated on 9/07/2021. LPA talked with Director, Lori West and discussed the purpose of the investigation inspection. At 9:35 am, census was taken as follow: 30 preschool children with 3 staff members. During today's inspection staffing ratios were met and the facility was operating within its licensed capacity. A review of staff criminal records clearances indicated all facility staff or individuals who require caregiver background checks have received a criminal record clearance or exemption and a child abuse index clearance.

On 8/31/2021 a complaint was filed with the Department alleging that facility is not following COVID-19 protocols of masks wearing for children ages 2 and up nor being encouraged to wear mask. Complaint stated only 2 out of 24 children in a classroom wear face covering. Complaint stated the facility do sent out emails of reminder of face coverings to be worn by children, but there is no change. Continued on Page 2
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Cindy Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 10/27/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/27/2021
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 4
Control Number 06-CC-20210831151255
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: 304370292
VISIT DATE: 10/27/2021
NARRATIVE
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Page 2

During the investigation LPA conducted 2 physical plant inspections, interviewed 6 staff members, 7 preschool children, 5 parents, reviewed personnel report, and obtained a copy of the children's roster. During the inspection on 09/07/21, LPA’s observed only 4 out of 39 children at the facility over 2 years old were wearing mask. Based on disclosures obtained during staff interviews, 5 out of 6 staff stated that the facility policy for mask is recommended and not required for children ages 2 and up to wear masks. They encourage the children to have the mask on at the facility when the child comes in with a mask, they remind the child to place it back on however they do not require it. Per Director they do have extra masks by the entrance but ran out as of now. Director stated we have been sending out messages to parents that children ages 2 years and older are required to wear face covering, especially when indoors or when a six-foot physical distance from others cannot be maintained, however we can’t force the children to wear them. The children are coming in with the mask, but they take them off. The percentage of the children wearing mask at our facility is very low. In the interviews conducted with the children, 6 out of 7 stated they do not wear their mask at school. All parents interviewed stated mask is required for ages 2 and older. Parents did not express any concerns with the care given to the children, or any issue with any staff at the facility. Parents stated they would recommend facility to others.

LPA discussed with the Director 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 9/07/21, based on 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.

Continued on Page 3
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Cindy Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 10/27/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/27/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 06-CC-20210831151255
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: 304370292
VISIT DATE: 10/27/2021
NARRATIVE
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Page 3

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.

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.

Based on LPA observations, document reviews and interviews which were conducted, the preponderance of evidence standard has been met, therefore the allegation of children age 2 and above are not wearing nor being encouraged to wear face coverings, 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.

Exit interview was conducted with Director, Lori West. Notice of Site Visit was posted during the visit. Director 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. Director was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above.
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Cindy Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 10/27/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/27/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 06-CC-20210831151255
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: 304370292
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/27/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
11/05/2021
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.
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Director states she will continued to 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 at the front and children have their mask on. Director will email the communication to LPA Nguyen by 11/05/21.
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Based on LPA observations, document reviews and interviews which were conducted. Most facility children did not wear face coverings while in the facility as required by the CA Dept. of Public Health Guidance. 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: Cindy Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 10/27/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/27/2021
LIC9099 (FAS) - (06/04)
Page: 4 of 4