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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371532
Report Date: 07/19/2023
Date Signed: 07/19/2023 09:40:14 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
06/22/2023 and conducted by Evaluator Dean Thompson
COMPLAINT CONTROL NUMBER: 06-CC-20230622153620
FACILITY NAME:EVERBROOK ACADEMYFACILITY NUMBER:
304371532
ADMINISTRATOR:BROWN, BARBARAFACILITY TYPE:
850
ADDRESS:16498 ROYAL OAKTELEPHONE:
(949) 559-6810
CITY:IRVINESTATE: CAZIP CODE:
92618
CAPACITY:195CENSUS: 38DATE:
07/19/2023
UNANNOUNCEDTIME BEGAN:
08:30 AM
MET WITH:Sandra JohnsonTIME COMPLETED:
09:55 AM
ALLEGATION(S):
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Staff handled daycare child in a rough manner.
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPA) Thompson conducted an unannounced complaint investigation. This is a continuation of the investigation initiated on 6/29/2023. Upon arrival LPA met with Assistant Director Sandra Johnson, to deliver complaint findings. During todays visit, there was a total of 38 preschool children with 5 preschool staff. LPA met with Director Barbara Brown at 9:20 a.m.

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 6/22/2023 the Orange County Child Care Office received a complaint alleging (1) Staff handled daycare child in a rough manner.

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

DATE: 07/19/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2023
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-20230622153620
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: EVERBROOK ACADEMY
FACILITY NUMBER: 304371532
VISIT DATE: 07/19/2023
NARRATIVE
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During the investigation, LPA received video evidence, interviewed five staff and interviewed three parents. Parents interviewed did not divulge any information related to the allegation.

On 6/29/2023 one staff mention they are trained to pick up children with both hands according to their new employee orientation.

On 7/3/2023 video evidence was received via email. Two separated recording were reviewed. Video evidence shows child #1 (C1) laying down as staff #1 (S1) walks over and picks C1 up by the wrist/arm with one hand as C1 was laying on a cot. S1 then drags C1 approximately 3 to 4 feet while C1 appears to be dangling. In the videos provided, S1 is also observed handing other children inappropriately by pulling their legs/ankles and shifting children on their cots during nap time. In the videos provided, S1 is also seen placing blankets over the children’s heads during nap time.

Based on LPA observation and staff interviews, the preponderance of evidence standard has been met; therefore, the above allegations are 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 section 101223(a)(3) Personal Rights type A.

LPA Thompson informed Assistant Director Sandra Johnson that this report dated 7/17/2023 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 Assistant Director Sandra Johnson to provide a copy of this licensing report dated 7/17/2023 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.

Exit interview conducted and report was reviewed with the Assistant Director Sandra Johnson. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.



Appeal Rights and deficiencies were discussed. Assistant Director Sandra Johnson 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: 07/19/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3
Control Number 06-CC-20230622153620
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: EVERBROOK ACADEMY
FACILITY NUMBER: 304371532
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/19/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
07/19/2023
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, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.

This requirement was not met by:
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Director stated staff #1 (S1) is no longer working at Everbrook Academy. Director stated they conducted a staff training on Engagement and Behavior as well as Hands off.
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Based on LPA observation of S1 picking C1 up by the wrist/arm, dragging C1, and handling other children in care innapropriately by pulling their legs/ankles to shift them on their cots, this poses an immediate 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: Dean Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2023
LIC9099 (FAS) - (06/04)
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