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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371483
Report Date: 07/19/2024
Date Signed: 07/19/2024 10:41:44 AM

Substantiated


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
05/16/2024 and conducted by Evaluator Karen Navar
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20240516094743
FACILITY NAME:FAIRMONT SCHOOLS SAN JUAN CAPISTRANOFACILITY NUMBER:
304371483
ADMINISTRATOR:ESPINOZA, JUANITAFACILITY TYPE:
850
ADDRESS:26333 OSO ROADTELEPHONE:
(949) 443-4050
CITY:SAN JUAN CAPISTRANOSTATE: CAZIP CODE:
92675
CAPACITY:132CENSUS: 31DATE:
07/19/2024
UNANNOUNCEDTIME BEGAN:
09:05 AM
MET WITH:Director- Juanita Espinoza TIME COMPLETED:
10:50 AM
ALLEGATION(S):
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Personal Rights
INVESTIGATION FINDINGS:
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On 7/19/2024 at 9:05AM, 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 05/24/2024.

Upon arrival LPA met with Director Juanita Espinoza and was led on a tour of the facility. LPA observed a total of 31 preschool children along with 4 staff.

A review of the Facility 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. During today’s inspection the facility was operating within its licensed capacity and within compliance of staffing ratios.

Continue to page 2.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Karen Navar
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2024
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 7
Control Number 06-CC-20240516094743
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: FAIRMONT SCHOOLS SAN JUAN CAPISTRANO
FACILITY NUMBER: 304371483
VISIT DATE: 07/19/2024
NARRATIVE
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Page 2
On 05/16/2024, the Orange County Child Care Office received a complaint alleging: Facility Staff handled day-care children in a rough manner, facility staff speak inappropriately to the day-care children.

During the investigation, LPA toured the facility, reviewed sign-in/out sheets, incident reports, staff files, Employee Counseling Notice for Staff #9 (S9), and viewed facility video. LPA also conducted interviews with the reporting party, staff, children, and parents.

On 5/23/2024, Reporting Party (RP) stated that S9 grabbed a Child #1 (C1) and lifted C1 by their left arm while raising their voice during line-up time.

On 05/24/2024, LPA toured facility with Assistant Director Kelsie Spriggs. During inspection LPA toured classrooms, conducted 10 staff interviews, reviewed files, and watched playground video recording dated 5/15/2024.

On 7/05/2024, LPA conducted parent interviews. LPA called 8 parents and 3 of the parents called were able to be interviewed. All parents interviewed did not divulge any information pertaining to the allegation or express any concerns regarding care of the children.

On 07/08/2024, LPA toured the facility with Director Juanita Espinoza. During the inspection LPA interviewed 1 additional staff member, Staff #11 (S11), conducted child interviews, and observed teachers and children during playground time. Teachers were engaged in helping with snack and supervising children on the playground. Children were engaged on climbing equipment and some children were eating snack at the tables.

On 7/08/2024 LPA attempted to interview 4 children. 3 children did not qualify for interview and 1 child stated that they follow line-up instructions.

On 7/08/2024 during interview with S11 LPA was informed that the employee no longer works at facility.

Of the 11 staff members interviewed during the investigation. All 11 staff stated they did not witness S9 grabbing C1 in a rough manner. 2 staff members heard a child be spoken too inappropriately in a loud voice. 2 staff members stated it was reported to them by the RP. 1 staff reported to LPA S9 is no longer employed at the facility. Continue to page 3.
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Karen Navar
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 06-CC-20240516094743
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: FAIRMONT SCHOOLS SAN JUAN CAPISTRANO
FACILITY NUMBER: 304371483
VISIT DATE: 07/19/2024
NARRATIVE
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Page 3
Based on LPA observations, interviews with reporting party, staff, children, and parents, the preponderance of evidence has been met; therefore, Personal Rights allegation: Facility Staff handled day-care children in a rough manner, facility staff speak inappropriately to the day-care children is SUBSTANTIATED. See LIC9099D for deficiency cited.

Exit interview conducted and report was reviewed with Director Juanita Espinoza. 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. Appeal Rights and deficiencies were discussed. 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: 07/19/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 7
Control Number 06-CC-20240516094743
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: FAIRMONT SCHOOLS SAN JUAN CAPISTRANO
FACILITY NUMBER: 304371483
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/19/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
07/26/2024
Section Cited
CCR
101223(a)(3)
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101223(a)(3) 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...
This Requirement was not met as evidenced by:
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S9 is no longer employed at facility. Director will conduct staff development training and provide signatures of completion to LPA by 7/26/2024.
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Based on LPA's interviews and record review. LPA interviewed 11 staff 2 staff stated they herd (S9) handle C1 in a rough manner. 2 staff stated it was reported to them.Records review showed facility met with employee and Employee Counseling Notice for (S9)was created.
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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: Karen Navar
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 7
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
05/16/2024 and conducted by Evaluator Karen Navar
COMPLAINT CONTROL NUMBER: 06-CC-20240516094743

FACILITY NAME:FAIRMONT SCHOOLS SAN JUAN CAPISTRANOFACILITY NUMBER:
304371483
ADMINISTRATOR:ESPINOZA, JUANITAFACILITY TYPE:
850
ADDRESS:26333 OSO ROADTELEPHONE:
(949) 443-4050
CITY:SAN JUAN CAPISTRANOSTATE: CAZIP CODE:
92675
CAPACITY:132CENSUS: 31DATE:
07/19/2024
UNANNOUNCEDTIME BEGAN:
09:05 AM
MET WITH:Director- Juanita Espinoza TIME COMPLETED:
10:50 AM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Teacher Child Ratio
Responsibility for Providing Care and Supervision
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On 7/19/2024 at 9:05 AM, 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 05/24/2024.

Upon arrival LPA met with Director Juanita Espinoza and was led on a tour of the facility. LPA observed a total of 31 preschool children along with 4 staff.

A review of the Facility 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. During today’s inspection the facility was operating within its licensed capacity and within compliance of staffing ratios.

Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Karen Navar
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 06-CC-20240516094743
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: FAIRMONT SCHOOLS SAN JUAN CAPISTRANO
FACILITY NUMBER: 304371483
VISIT DATE: 07/19/2024
NARRATIVE
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Page 2
On 05/16/2024, the Orange County Child Care Office received a complaint alleging: Facility staff are operating out of ratio and facility staff are not providing adequate supervision to day-care children.

During the investigation, LPA toured the facility, reviewed sign-in/out sheets, incident reports, staff files, Employee Counseling Notice for Staff #9 (S9), and viewed facility video. LPA also conducted interviews with the reporting party, staff, children, and parents.

On 05/24/2024, LPA toured facility with Assistant Director Kelsie Spriggs. During inspection LPA toured classrooms, conducted 10 staff interviews, reviewed files, and watched playground video recording dated 5/15/2024.

During tour on this date LPA inspected classrooms, playground, and bathrooms. 2 classrooms were indoors. There were 12 children and 1 teacher in one classroom and 9 children and 2 staff in the other classroom. Children were participating in table activities. 5 classrooms were on the playground with a total of 42 children and 6 staff. LPA observed teachers positioned around the playground and children playing on structures and other outdoor activities.

On 7/05/2024, LPA conducted parent interviews. LPA called 8 parents and 3 of the parents called were able to be interviewed. All parents interviewed did not divulge any information pertaining to the allegation or express any concerns regarding care of the children.

On 07/08/2024, LPA toured the facility with Director Juanita Espinoza. During the inspection LPA interviewed 1 additional staff member, Staff #11 (S11), conducted child interviews, and observed teachers and children during playground time. Teachers were engaged in helping with snack and supervising children on the playground. Children were engaged on climbing equipment.

Continue to page 3.
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Karen Navar
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 06-CC-20240516094743
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: FAIRMONT SCHOOLS SAN JUAN CAPISTRANO
FACILITY NUMBER: 304371483
VISIT DATE: 07/19/2024
NARRATIVE
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Page 3
On 7/08/2024 LPA attempted to interview 4 children. 3 children did not qualify for interview and 1 child stated that they follow line-up instructions.

The 11 staff members interviewed during the investigation. 11 staff members described how they supervise children and stay in ratio during the schedule of the day.

Based on LPA observations, interviews with reporting party, staff, children and parents, there was not enough evidence to substantiate the allegation: Teacher Child Ratio and
Responsibility for Providing Care and Supervision. Although the allegations 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 Juanita Espinoza. 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. Appeal Rights and deficiencies were discussed. 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: 07/19/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2024
LIC9099 (FAS) - (06/04)
Page: 7 of 7