304371532-9-19-2024-06-CC-THOO-D9LQLR-20240930121621

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371532
Report Date: 09/19/2024
Date Signed: 09/19/2024 02:58:07 PM

Unsubstantiated

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
08/07/2024 and conducted by Evaluator Patricia Duron

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20240807102738

FACILITY NAME:	EVERBROOK ACADEMY		FACILITY NUMBER:	304371532
ADMINISTRATOR:	JOHNSON, SANDRA		FACILITY TYPE:	850
ADDRESS:	16498 ROYAL OAK		TELEPHONE:	(949) 559-6810
CITY:	IRVINE	STATE: CA	ZIP CODE:	92618
CAPACITY:	195	CENSUS: 39	DATE:	09/19/2024
		UNANNOUNCED	TIME BEGAN:	02:10 PM
MET WITH:	Kathern De La Torre Director		TIME COMPLETED:	03:05 PM

ALLEGATION(S):

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Staff yelled at day care children.
Staff isolated day care children.
Staff did not prevent a day care child from biting other children.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Patricia Duron conducted an unannounced complaint visit to deliver the complaint findings. This is a continuation of the investigation initiated on 8/15/24, LPA met with Director Kathern De La Torre and informed director of the purpose of the visit. The Director guided LPA on a tour of the facility and a census was taken. The overall census observed was 8 staff and 39 children.
A review of staff criminal clearance records on this date indicates that all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.
On 8/7/2024 a complaint was filed with the Licensing office alleging staff handled daycare child in a rough manner. Reporting Party (RP) states S1 yells at day care children, especially in the restroom area and at children who have accidents. RP states S1 isolates children, especially those with special needs, by separating them into different groups or moving them to a corner of the room. Child #1 (C1) bit other children and staff did not have a plan to address the biting issues.
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Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:	DATE: 09/19/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/19/2024

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-20240807102738

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: 09/19/2024

NARRATIVE

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During the course of investigation, LPA interviewed 4 staff members, 5 children,
4 parents, and reviewed records.

Regarding allegations (1) Staff yelled at day care children.

LPA interviewed 4 staff members. 4 out of 4 staff members stated they have not witnessed S1 yelling at day care children. S1 stated, staff sometimes need to raise their voice when staff are trying to get children’s attention or if a child would hurt another child. Staff sometimes use a firm voice but not yelling. S2 stated, S1 will talk to children in a firm voice, for example, “no you can’t do that, because it’s not safe” and S1 has to re-direct a child because of behavior. S3 stated, S1 is sometimes serious with children. S1 is firm with them but not yelling. S3 has not witnessed S1 yelling at children in care who have bathroom accidents. S3 stated, S1 would get the gloves, and helps changing the children if they had an accident. S4 stated, S1 works well with the children. S1 always assists them.

Regarding allegations (2) Staff isolated day care children.

LPA interviewed 4 staff members. 4 out of 4 staff members stated they have not witnessed S1 isolate day care children. S1 stated the following: If the children misbehaved, the staff asked the children to read for 5-10 minutes. Staff would talk to the children after the children finished reading and let them go play again. Staff also redirected the children. Staff kept their eyes on the children after letting them go play. Children are not being separated. Sometimes, children need time away from the group to do their own activities. Sometimes, teachers would sit together with the children to help them focus. Teachers are always talking to the children and allowing the children to play with their friends. S2 stated, if the children were not listening or throwing toys, S1 would have the child sit at one of tables for about 5 minutes with a book or quiet toys. After 5 minutes, S1 would talk to the child about their behaviors and choices. S4 stated, Child #1 (C1) has challenging behaviors by throwing toys and objects. Staff has had a parent teacher conference with C1’s representative and staff already had a Behavioral plan for C1. Sometimes staff have had C1 work at a separate table so C1 can focus. Parents and staff have been working together and the C1 has progressed.

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:	DATE: 09/19/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/19/2024

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20240807102738

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: 09/19/2024

NARRATIVE

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Regarding allegation (3) Staff did not prevent a day care child from biting other children.

S1 stated they had witnessed when C1 bit another child, but the staff stopped C1 before C1 bit too hard. S4 stated, C1 has bit small nips on another child’s shirt. ABA therapist is working with C1 once a week. C1 is improving, C1 is now more verbal and socializing with the other children. C1 hasn't bitten for over 2 or 3 weeks.

LPA interviewed five children, and none made any disclosures regarding the above allegations.

LPA Duron interviewed 4 parents. All interviewed parents stated they did not have any concern with facility.

Based on the information gathered from LPAs’ interviews, observation, and the reviewing of records, there is insufficient evidence to corroborate the allegations: Staff yelled at day care children. Staff isolated day care children, and Staff did not prevent a day care child from biting other children. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the allegations did or did not occur in the day care facility, therefore the allegations are UNSUBSTANTIATED.

An exit interview was completed. The report was reviewed and discussed. Appeal Rights were provided. The facility representative was provided a copy of their appeal rights and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Licensing office within 15 business days. Any proposed changes to the physical plant, including telephone number, shall be
immediately reported to the Department.

The facility representative was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. Failure to post will result in Civil Penalties of $100.00. The “Notice of Site Visit” must be posted on or adjacent to the door

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:	DATE: 09/19/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/19/2024

LIC9099 (FAS) - (06/04)

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