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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304370846
Report Date: 05/12/2023
Date Signed: 05/12/2023 10:52:43 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
03/09/2023 and conducted by Evaluator Dianna ValdezSantana
COMPLAINT CONTROL NUMBER: 06-CC-20230309134411
FACILITY NAME:NOBIS PRESCHOOLFACILITY NUMBER:
304370846
ADMINISTRATOR:NEITZKE, ASHLEYFACILITY TYPE:
850
ADDRESS:26153 VICTORIA BLVD.TELEPHONE:
(949) 661-6258
CITY:CAPISTRANO BEACHSTATE: CAZIP CODE:
92624
CAPACITY:45CENSUS: 33DATE:
05/12/2023
UNANNOUNCEDTIME BEGAN:
09:15 AM
MET WITH:Director, Ashley NietzkeTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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Staff handles children in a rough manner during nap time.
INVESTIGATION FINDINGS:
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On 05/12/2023 Licensing Program Analysts (LPAs) Dianna Valdez Santana and Giselle Lucero made an unannounced visit to Nobis Preschool for the purpose to deliver findings of a complaint received. Upon arrival, LPAs were met by Director, Ashley Nietzke. Director was explained the reason for today’s visit. LPAs were provided a tour of the facility and observed 7 Preschool Staff including the Director and 33 preschool children present.
A review of the Facility Personnel Report Summary conducted on this date indicates all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.
On 03/09/2023 a complaint was filed with the Licensing office stating Staff handles children in a rough manner during nap time. Complainant stated staff roughly pat children’s backs during nap time. Complainant stated the teachers are pounding aggressively on the children backs when putting the children asleep.

During the course of investigation, LPA interviewed 7 staff members, 9 children, and 8 parents.
Page 1 of 2
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Dianna ValdezSantana
LICENSING EVALUATOR SIGNATURE:

DATE: 05/12/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/12/2023
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 3
Control Number 06-CC-20230309134411
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: NOBIS PRESCHOOL
FACILITY NUMBER: 304370846
VISIT DATE: 05/12/2023
NARRATIVE
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LPA reviewed the 2 videos submitted by the complainant. The first video footage depicted a child getting their back patted in a rough and hard manner by a staff member. The second video demonstrates a child whimpering while they are getting their back patted by a staff member.

During the staff interview, S1 disclosed witnessing a child resist being patted on their back. S2 stated they have observed a child resist and yell at staff to stop. S5 stated, they witnessed by hearing loud back patting on children during naptime. S6 disclosed witnessing S1, S2, S5 and S7 patting children’s backs in a rough or hard manner. S6 also witnessed a child yell at staff and tell them to stop.

4 children disclosed the back patting is hard and 1 child disclosed they do not like the back patting.

On 3/16/23 LPA Valdez Santana observed S2 during naptime, patting a child loudly and asked the staff to soften the patting.

The 7 interviewed parents had no issues or concerns with the daycare.



Based on interviews conducted, evidence gathered, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1 Section 101223(a)(3) Personal Rights is being cited on the attached LIC 9099D. Please refer to attached 9099D for documentation of deficiencies.

LPA Valdez Santana informed facility representative, Ashley Nietzke that this report dated 05/12/23 documents one 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 Valdez Santana informed the facility representative to provide a copy of this licensing report dated 05/12/23, 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. The Notice of Site Visit was posted for no less than 30 consecutive days. Appeal Rights was explained. A copy of appeal rights (LIC 9058 1/16) was provided and their signatures on this form acknowledges receipt of these rights. First level appeal is to Regional Manager, address is above on the report.

Page 2 of 2. End of Report

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Dianna ValdezSantana
LICENSING EVALUATOR SIGNATURE:

DATE: 05/12/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/12/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 06-CC-20230309134411
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: NOBIS PRESCHOOL
FACILITY NUMBER: 304370846
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/12/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/16/2023
Section Cited
CCR
101223(a)(3)
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101223 Personal Rights(a) The licensee shall ensure that each child is accorded the following personal rights:(3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation...This requirement is not met as evidence by:
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Director stated she will conduct a staff meeting regarding personal rights and naptime procedures. Agenda and sign in sheet to be submitted to LPA via email at dianna.valdezsantana@dss.ca.gov
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Based on video footage, a child can be seen being patted on their back hard and loud. 4 staff members disclosed witnessing by sight or hearing loud hard back patting on children during nap time. lPA observed S2 patting a child roughly on their back. This action poses an immediate risk to the health and safety to the child in care.
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Director states that starting 05/12/2023 she will begin to had out a copy of the licensing report dated 05/12/2023 and have parents sign the LIC 9224 that acknowledges receipt of the report. Director will send LPA scanned copies to dianna.valdezsantana@dss.ca.gov by 05/16/2023.
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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: Thuy Ho
LICENSING EVALUATOR NAME: Dianna ValdezSantana
LICENSING EVALUATOR SIGNATURE:

DATE: 05/12/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/12/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3