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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304370292
Report Date: 07/11/2023
Date Signed: 07/11/2023 12:07:52 PM

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
05/18/2023 and conducted by Evaluator Carmen Odom
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20230518163952
FACILITY NAME:TUTOR TIME CHILD CARE/LEARNING CENTERFACILITY NUMBER:
304370292
ADMINISTRATOR:DEARING, LEISHAFACILITY TYPE:
850
ADDRESS:1550 BRISTOL STREET NORTHTELEPHONE:
(949) 955-2672
CITY:NEWPORT BEACHSTATE: CAZIP CODE:
92660
CAPACITY:105CENSUS: 34DATE:
07/11/2023
UNANNOUNCEDTIME BEGAN:
10:33 AM
MET WITH:Leisha Dearing - DirectorTIME COMPLETED:
12:30 PM
ALLEGATION(S):
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Day-care child suffered an unexplained fracture while in care.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Odom conducted an unannounced complaint investigation. This is a continuation of the investigation initiated on 05/24/2023. Upon arrival LPA met with Director, Leisha Dearing, to deliver complaint findings. At 10:15 am Director guided LPA on a tour of the facility. LPA took census, observed were 34 preschool age children and 6 staff members. During the inspection it was determined the facility is operating within its licensed capacity and within compliance of staffing ratios.
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 05/18/2023 The Department received a complaint that a daycare child suffered unexplained fracture while in care. Complainant party (CP) stated during dance class a child injured themselves and there wasn’t any childcare staff supervising while the incident occurred only Adult #1 (A1).
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Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:

DATE: 07/11/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023
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 5
Control Number 06-CC-20230518163952
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: 07/11/2023
NARRATIVE
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During the investigation LPA Odom interviewed director, 3 staff members, 4 parents, and reviewed children’s roster, personnel report, incident report, dance schedule. LPA attempted to interview A1. Child #1 no longer attends the childcare center.

During an interview on 05/24/23, Staff #1 (S1) stated on 04/26/23 at 10:50am in the adjacent room next to the Pre-K classroom while Child #1(C1) was in dance class, C1 fell of the balance beam and rolled their ankle. A1 from the Webby dance company was the only adult supervising the children. A1 notified Staff #2 (S2) about C1’s incident and S2 notified S1. S1 immediately cared for C1 by placing an ice pack on C1’s ankle. S1 stated they did not observe any swelling, bruising, redness and C1 was able to still walk. Staff continued to monitor throughout the day. After nap time at 2:50pm S1 called and notified parent of C1’s injury and C1 was picked up at 3:59pm. Parent was provided a copy of the incident report during pick up. Parent did not take C1 to urgent care until the following day when C1’s ankle began to swell up. C1 had gone to gymnastics class the night before at a different location. S1 was informed C1 had a minor fracture on their ankle.

During the interview with S1, S1 disclosed they did not report the incident to licensing department because they were not aware they had to report the incident. Not reporting the incident to the Licensing office timely is a violation of Title 22 Reporting Requirements. S1 stated they did not have a staff member supervising the dance class, because they were short staff on that day and S1 was not aware a staff member is supposed to be supervising the children during dance class. S1 stated since the incident they are making sure a staff member is always supervising the children during dance class or if there isn’t enough staff on the day of dance class, they will cancel the dance lesson.

Three staff members were interviewed on 05/24/23. All the staff recall the incident that occurred with C1. All the staff disclosed on the day of the incident there wasn’t any staff members supervising the dance class due to shortage of staff and ratio. S2 stated when A1 notified S2 about C1’s injury they immediately notified S1. S1 placed an ice pack on C1’s ankle and S1 notified parents. All of the staff disclosed since the incident S1 makes sure a teacher or someone from management will sit in and supervise the childcare children during dance class.
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SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:

DATE: 07/11/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 06-CC-20230518163952
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: 07/11/2023
NARRATIVE
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During the investigation on 07/07/23 LPA attempted to interview 11 parents however only 4 parents were available for interviews. All the parents stated from their observation staff are always supervising the children. None of the parents had any concern and they are satisfied with the childcare center.

Based on LPA’s facility inspection, observations, interviews conducted with director, 3 staff, 4 parents, and records reviewed, it has been determined that Staff were not providing visual supervision of C1 or the children that were in dance class. Therefore, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated. California Code of Regulations, Title 22, 101229(a) Responsibility for Providing Care and Supervision and 101212(d)(1)(B) Reporting Requirements is being cited on the attached LIC 9099D.

LPA Odom informed Director Joelle Courtney that this report dated 7/11/2023 documented 1 Type A citation which shall be posted for 30 consecutive days as there is immediate risk to the health, safety, or personal rights of children in care.
Also, LPA Odom informed the Director Joelle Courtney to provide a copy of this licensing report dated 7/11/2023 that documents any Type A citation 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.

Exit interview was conducted with Director, Leisha Dearing. 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: Carmen Odom
LICENSING EVALUATOR SIGNATURE:

DATE: 07/11/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 06-CC-20230518163952
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: 07/11/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
07/11/2023
Section Cited
CCR
101229(a)(1)
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101229(a)(1) Responsibility for Providing Care and Supervision (a) The licensee shall provide care and supervision... (1) No child(ren) shall be left without the supervision of a teacher... Supervision shall include visual observation. This requirement was not met:

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Director stated since the incident happened they make sure there is a staff present and supervising the dance class, if they are short staff then the dance class will be cancelled for the day. Director will submit a written plan of correction to licensing office by 7/12/23.
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Based on interviews conducted, Staff were not visually supervising C1 or any of the children while they were in dance class with A1. This poses potential Health and Safety risk to 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: Carmen Odom
LICENSING EVALUATOR SIGNATURE:

DATE: 07/11/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 06-CC-20230518163952
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: 07/11/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
07/11/2023
Section Cited
CCR
101212(d)(1)(B)
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101212 Reporting Requirements
(d) Upon the occurrence... a report shall be made... by telephone... next working day... In addition...(1) Events reported shall include the following: (B) Any injury to any child that requires medical treatment. This requirement was not met:
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Director stated they will submit the written LIC624 unsual incident report of the incident to licensing office by 7/12/23. Director will make sure to report any unusual incidents to licensing within 24 hours of occurance and a written report within 7 days to licensing office. LPA provided a copy of regulations.
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Based on interviews conducted with S1. S1 was not aware and did not report the incident to the licensing department within 24 hours and submit the incident report withing 7 days. This poses a potential health and safety to the childcare children.
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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: Carmen Odom
LICENSING EVALUATOR SIGNATURE:

DATE: 07/11/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5