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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371509
Report Date: 01/26/2024
Date Signed: 01/26/2024 04:46:35 PM

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
01/08/2024 and conducted by Evaluator Dean Thompson
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20240108131239
FACILITY NAME:CHILDREN'S COURTYARD, THEFACILITY NUMBER:
304371509
ADMINISTRATOR:MILLER, MICHELLEFACILITY TYPE:
850
ADDRESS:27732 VISTA DEL LAGOTELEPHONE:
(949) 297-8988
CITY:MISSION VIEJOSTATE: CAZIP CODE:
92692
CAPACITY:132CENSUS: 51DATE:
01/26/2024
UNANNOUNCEDTIME BEGAN:
03:45 PM
MET WITH:Michelle MillerTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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Staff left day care child unsupervised in the classroom
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Thompson conducted an unannounced complaint investigation. This is a continuation of the investigation initiated on 1/9/2024. Upon arrival LPA met with Director Michelle Miller, to deliver complaint findings. LPA toured the facility inside and outside. LPA observed a total of 51 preschool children along with 8 staff.

A review of the Facility Personnel 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.

On 1/8/2024 the Orange County Child Care Office received a complaint alleging (1)staff left day care child unsupervised in the classroom.

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Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
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-20240108131239
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: CHILDREN'S COURTYARD, THE
FACILITY NUMBER: 304371509
VISIT DATE: 01/26/2024
NARRATIVE
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Reporting Party (RP) indicated on 8/24/2023, between 10:35 a.m. -10:40 a.m., Child #1 (C1) was left alone inside the classroom.

During the investigation on 1/9/2024, LPA interviewed staff. Staff #1 (S1) stated C1 was inside the classroom with a sub teacher on 8/24/2023. During the time the incident occurred, the sub teacher was transitioning the children to the restroom and thought C1 was following the other children. C1 was left inside the classroom alone for approximately 1 to 2 minutes. Staff #2 (S2) stated not witnessing the incident but later read about it. S2 stated C1 was left alone inside the classroom under 5 minutes but not sure of the actual time. Both S1 and S2 were unsure who found C1 inside the classroom alone.

On 1/10/2024, LPA requested video evidence. Video evidence was unavailable.

On 1/11/2024, LPA conducted parent interviews. LPA called 11 parents and 3 of the parents called were able to be interviewed. Parents interviewed did not divulge any information pertaining to the allegation.

Based on LPA interviews with staff and Reporting party, the preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter 12, is being cited on the attached LIC 9099 D for the deficiency sections 101229 Responsibility for Providing Care and Supervision (a) The licensee shall provide care and supervision as necessary to meet the children's needs (1) No child(ren) shall be left without the supervision of a teacher at any time. Supervision shall include visual observation.

LPA Thompson informed Director Michelle Miller that this report dated 1/26/2024 document(s) one Type A citation which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA Thompson informed the Director Michelle Miller to provide a copy of this licensing report dated 1/26/2024 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.

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SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 06-CC-20240108131239
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: CHILDREN'S COURTYARD, THE
FACILITY NUMBER: 304371509
VISIT DATE: 01/26/2024
NARRATIVE
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Exit interview conducted and report was reviewed with the Director Michelle Miller. Notice of site visit was given and must remain posted for 30 days. Failure to comply with the posting requirements shall result in an immediate civil penalty of $100.

Appeal Rights and deficiencies were discussed. The 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: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 06-CC-20240108131239
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: CHILDREN'S COURTYARD, THE
FACILITY NUMBER: 304371509
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/26/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
02/02/2024
Section Cited
CCR
101229(a)(1)
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101229 Responsibility for Providing Care and Supervision (a) The licensee shall provide care and supervision as necessary to meet the children's needs (1) No child(ren) shall be left without the supervision of a teacher at any time. Supervision shall include visual observation. This requirement is not met evidenced by:
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The director agreed to send a statement with the staff’s names and signatures acknowledging the section on the Responsibility for Care and Supervision of children. The proof of correction will be sent to LPA's email address by the due date of 2/2/2024.
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Based on staff interviews, staff stating C1 was left inside the classroom alone for approximately 1 to 2 minutes and another staff stating C1 was left alone inside the classroom under 5 minutes but not sure of the actual time.This is an immediate risk to the health and safety of children in care.
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The director will follow up with staff watch the videos regarding supervision of children at the Department's website of: https://ccld.childcarevideos.org/child-care-center-operators/childrens-supervision-in-child-care The proof of watching the videos will be sent to LPA by 12/9/2024.
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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: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
LIC9099 (FAS) - (06/04)
Page: 4 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
01/08/2024 and conducted by Evaluator Dean Thompson
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20240108131239

FACILITY NAME:CHILDREN'S COURTYARD, THEFACILITY NUMBER:
304371509
ADMINISTRATOR:MILLER, MICHELLEFACILITY TYPE:
850
ADDRESS:27732 VISTA DEL LAGOTELEPHONE:
(949) 297-8988
CITY:MISSION VIEJOSTATE: CAZIP CODE:
92692
CAPACITY:132CENSUS: 51DATE:
01/26/2024
UNANNOUNCEDTIME BEGAN:
03:45 PM
MET WITH:Michelle MillerTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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2
3
4
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9
Staff did not provide adequate supervision resulting in child sustaining multiple bites
Staff pulled day care child's ear
Staff threw day care child’s toy in the trash
INVESTIGATION FINDINGS:
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3
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5
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Licensing Program Analyst (LPA) Thompson conducted an unannounced complaint investigation. This is a continuation of the investigation initiated on 1/9/2024. Upon arrival LPA met with Director Michelle Miller, to deliver complaint findings. LPA toured the facility inside and outside. LPA observed a total of 51 preschool children along with 8 staff.

A review of the Facility Personnel 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.

On 1/8/2024 the Orange County Child Care Office received a complaint alleging (1) Staff did not provide adequate supervision resulting in child sustaining multiple bites, (2) Staff pulled day care child's ear, and (3) Staff threw day care child’s toy in the trash.

Continue to page 2
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
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-20240108131239
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: CHILDREN'S COURTYARD, THE
FACILITY NUMBER: 304371509
VISIT DATE: 01/26/2024
NARRATIVE
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Reporting Party (RP) indicated on 10/10/2023, child #1 (C1) was bitten on the arm by another child. RP also stated in early December 2023 (exact date unknown) a teacher (name unknown) threw C1 toy in the trash and pulled C1 ear.

During the investigation, LPA conducted interviews with the reporting party and staff.

RP stated on 10/10/2023, C1 suffered a bite on the arm but didn’t have much information pertaining to the injury. LPA interviewed staff on 1/9/2024. Staff #1 (S1) stated they didn’t know C1 got bit and was unaware of the bite until receiving a picture and being notified by the parent on 10/10/2023. Staff #2 (S2) also stated they were only made aware from the picture that was provided. The picture provided shows the bite did not break skin.

RP stated in early December 2023 (exact date unknown) a teacher (name unknown) threw C1 toy in the trash and pulled C1 ear. RP was asked if they saw the teacher pull C1 ear or observed the incident on surveillance video. RP stated they did not observe the incident. RP also stated C1 couldn’t tell them when the incident occurred. RP stated she talked to S1 about the incident and was told by S1 “since we don’t have the exact date, we respectfully can’t do anything.” LPA interviewed staff on 1/9/2024. S1 was asked if they heard or witness C1 ear being pulled by a staff? S1 stated C1 had been gone for two weeks, then was made aware of the alleged incident on Friday, January 5, 2024, after they had given C1 a behavioral plan. Staff #2 (S2) stated only being made aware of the ear pulling from S1. S1 and S2 stated outside toys are not allowed due to company policy. Both S1 and S2 stated if a child brings in a toy from home, the toy is taken away and placed inside their cubbies until the child is picked up.

On 1/11/2024, LPA conducted parent interviews. LPA called 11 parents and 3 of the parents called were able to be interviewed. Parents interviewed did not divulge any information pertaining to the allegation.

Based on LPA observation, interviews with reporting party, staff, and parents, there was not enough evidence to substantiate the allegation. The Orange County Child Care Office has investigated the complaint alleging (1) Staff did not provide adequate supervision resulting in child sustaining multiple bites, (2) Staff pulled day care child's ear, and (3) Staff threw day care child’s toy in the trash. Although the allegations may have happened or are valid, there is not enough preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations is UNSUBSTANTIATED.



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SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 06-CC-20240108131239
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: CHILDREN'S COURTYARD, THE
FACILITY NUMBER: 304371509
VISIT DATE: 01/26/2024
NARRATIVE
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In the areas that were evaluated, no deficiencies were observed of the California Code of Regulations, Title 22, Division 12 at the time of the visit.

Exit interview conducted and report was reviewed with Director Michelle Miller.

Notice of Site Visit was provided to Director Michelle Miller and posted on the door. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. Exit interview was conducted.
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
LIC9099 (FAS) - (06/04)
Page: 7 of 7