304371532-4-18-2023-06-CC-JHAN-CR3SN4-20230420140055

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371532
Report Date: 04/18/2023
Date Signed: 04/18/2023 09:55:30 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
03/02/2023 and conducted by Evaluator Carmen Odom

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230302114240

FACILITY NAME:	EVERBROOK ACADEMY		FACILITY NUMBER:	304371532
ADMINISTRATOR:	COURTNEY, JOELLE		FACILITY TYPE:	850
ADDRESS:	16498 ROYAL OAK		TELEPHONE:	(949) 559-6810
CITY:	IRVINE	STATE: CA	ZIP CODE:	92618
CAPACITY:	195	CENSUS: 66	DATE:	04/18/2023
		UNANNOUNCED	TIME BEGAN:	09:00 AM
MET WITH:	Sandra Johnson - Assistant Director		TIME COMPLETED:	10:10 AM

ALLEGATION(S):

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Staff did not properly supervise daycare child.

INVESTIGATION FINDINGS:

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Licensing Program Analysts (LPA) Odom conducted an unannounced complaint investigation. This is a continuation of the investigation initiated on 03/08/2023. Upon arrival LPA met with Assistant Director, Sandra Johnson, to deliver complaint findings. Assistant director stated director will arrive later today. At 9:00 am Assistant Director guided LPA on a tour of the facility. LPA took census, observed 66 preschool children and 8 staff members, children were eating breakfast. Staff were superving children.

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.

The Department received a complaint on 03/02/2023 alleging staff did not properly supervise daycare child.

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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:	DATE: 04/18/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/18/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230302114240

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: EVERBROOK ACADEMY	FACILITY NUMBER: 304371532
	VISIT DATE: 04/18/2023

NARRATIVE

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Complainant party (CP) stated on 03/01/23 while reviewing the childcare center’s security camera CP observed that Child #1 (C1) was climbing a 3-foot-tall pile of cots and staff were not supervising C1 while child climbed the cots. CP provided screen shot image.

During the investigation LPA Odom interviewed director, 2 Staff members, 3 parents, and reviewed children’s roster, personnel records, screen shot image, and e-mail threads. None of the children were interviewed, children did not qualify for child interviews.

LPA Odom reviewed picture; the picture demonstrates two staff in the classroom with 10 children during circle time. Staff #1(S1) is sitting on a chair facing away from C1 holding a child and Staff #2 (S2) is sitting on a chair focusing on 8 children that are sitting down on the floor for circle time. Both staff are supervising the 9 children that are on the carpet area for circle time, while C1 is approximately 12 feet away from the circle time carpet towards the side of the classroom laying on top of 13 stacked napping cots alone without visual supervision.

During an interview on 03/08/23, Director (S4) stated C1 is a very active child that needed 1 on 1 attention because C1 would climb on cots, chairs, tables, furniture, throw toys and physically grab other children by pulling their hair. S4 stated they addressed C1’s behavior with CP on multiple occasions in person and ouch reports. S4 stated staff would constantly carry C1 down from furniture but staff also had other children to supervise. S4 disclosed they always made sure there was 2 staff in the classroom when C1 was present in the childcare for additional support.

Two staff members were interviewed on 03/08/23. S1 stated C1 was in their classroom during lunch and nap time. S1 would constantly observe C1 climbing in the classroom furniture, like cots, tables, and chairs. S1 would bring C1 down from the furniture and speak to C1, redirect but C1 would not listen and continue to climb on the furniture. Staff #3 (S3) stated they were C1’s primary teacher. C1 had a lot of energy, and it was hard for child to sit still. S3 observed C1 climb on furniture daily and C1 also had multiple incidents with other children in class, for example pulling hair, hitting.

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SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:	DATE: 04/18/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/18/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230302114240

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: EVERBROOK ACADEMY	FACILITY NUMBER: 304371532
	VISIT DATE: 04/18/2023

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S3 stated they bring C1 down from the furniture to avoid from child getting hurt but C1 would not listen and continued to climb on furniture. Both staff disclosed they tried on multiple occasions to address C1’s behavior with CP but it was very hard to communicate with CP, CP would become upset and raise their voice to staff.

During the investigation on 4/4/23 LPA attempted to interview 10 parents however only 3 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 complainant party, director, 2 staff, 3 parents, picture provided, and records reviewed, it has been determined that Staff were not providing visual supervision of C1 inside the classroom, and the child was able to climb the stacked cots unobserved. 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 is being cited on the attached LIC 9099D.

LPA Odom informed Director Joelle Courtney that this report dated 4/18/2023 document 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 4/18/2023 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 Assistant Director, Sandra Johnson. 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: 04/18/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/18/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230302114240

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: EVERBROOK ACADEMY	FACILITY NUMBER: 304371532
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/18/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 04/18/2023 Section Cited CCR 101229(a)	1 2 3 4 5 6 7	101229(a) 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 at any time... Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation. This requirement was not met:	1 2 3 4 5 6 7	Assistant director stated staff will make sure they are supervising children by keeping them in a group all together. Head count throughout the day. More table activities to transition into other activities. Provide training on supervision. Director will submit written POC in the next 24 hours to licensing department.
	8 9 10 11 12 13 14	Based on interviews conducted, and picture provided Staff were not visually supervising C1 during circle time inside the classroom. C1 was laying on top of a stack of 13 cots without supervision. This poses potential Health and Safety risk to children in care.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: 04/18/2023

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/18/2023

LIC9099 (FAS) - (06/04)

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