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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371570
Report Date: 07/10/2024
Date Signed: 07/10/2024 11:54:35 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 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
05/28/2024 and conducted by Evaluator Sarah Garcia
COMPLAINT CONTROL NUMBER: 06-CC-20240528082051
FACILITY NAME:MIRACULOUS MILESTONESFACILITY NUMBER:
304371570
ADMINISTRATOR:LUU, JAMIEFACILITY TYPE:
850
ADDRESS:1000 BISON AVENUETELEPHONE:
(562) 381-4803
CITY:NEWPORT BEACHSTATE: CAZIP CODE:
92660
CAPACITY:70CENSUS: DATE:
07/10/2024
UNANNOUNCEDTIME BEGAN:
10:30 AM
MET WITH:Jaime Luu, DirectorTIME COMPLETED:
12:30 PM
ALLEGATION(S):
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Licensee allows unqualified staff to work at facility.
Facility staff are out of ratio.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Sarah Garcia conducted an unannounced complaint inspection to deliver the findings for the above allegations. This is a continuation of the investigation initiated on 05/30/2024. Upon arrival, LPA met with Director Jaime Luu. Director guided LPA on a walkthrough of the facility. Census was taken and LPA observed a total of 38 preschool children with 8 staff.

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 05/28/2024 alleging Licensee allows unqualified staff to work at facility and Facility staff are out of ratio.
(Continue to page 2)
Substantiated
Estimated Days of Completion: 43
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Sarah Garcia
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
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 5
Control Number 06-CC-20240528082051
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: MIRACULOUS MILESTONES
FACILITY NUMBER: 304371570
VISIT DATE: 07/10/2024
NARRATIVE
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(Page 2)
Reporting Party (RP) stated they were “told by staff in the day care room that often when the facility is out of ratio, Staff 7 (S7), will come into the room to provide care. The RP states the staff in the day care room did not want to be named but stated they are aware that S7 does not have qualifying units to be in the room even as an aide. Often when children are outside on the play yard, S7 will also be providing supervision outside as well.”

During the investigation, LPA Garcia interviewed 8 staff, 7 children, 6 parents, reviewed staff qualifications, facility roster, and personnel report.

During staff interviews on 05/30/2024, Staff 1 (S1) made no disclosures regarding the allegations. Staff 2 (S2) stated, “they had another teacher helping and they were with kids alone. Apparently, that was not supposed to be right because they do not have units. They would step into the classroom or in T-K when someone was out. [It was] Staff 8 (S8). Often because S8 was the teacher from the other center that would step in when I was sick. S8 was the go to teacher.” S2 stated “There are times where S8 steps in as teacher.” S2 stated Staff 7 (S7) has stepped into be a teacher. S2 stated they were over 12 children by themselves and disclosed, “I can’t tell you dates. I can tell you for sure it has happened once or twice last month. It does not happen often. It was rare but it was not like it never happened.” S2 stated S7 does not have units, “because S7 is taking classes to get units.”

Staff 3 (S3) stated, “I know S7 has worked here and S7 is not qualified.” S4 made no disclosures regarding the allegations. Staff 5 (S5) stated, “I think S7 did step in.... We were short staffed…they were not using sub agency. I think S7 is offering an extra set of hands. S7 is enrolled in courses but does not have units.” S6 stated, “I know that S7 has stepped in to be a part of ratio. I do not know if S7 has units…. I was never told S7 was a teacher but if we needed someone to step in, S7 would.” Staff 9 (S9) stated, “S7 stepped into do morning tens [referring to staff breaks]…It was morning time so no more than an hour.”’
Staff 10 (S10) stated, “When we were very short, I can recall S7 with helping with breaks... We did it on this occasion. S7 has not been here for a few months. I do recall S7 helping with tens.”

(continue to page 3)
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Sarah Garcia
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 06-CC-20240528082051
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: MIRACULOUS MILESTONES
FACILITY NUMBER: 304371570
VISIT DATE: 07/10/2024
NARRATIVE
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(Page 4)

Appeal Rights were explained. The Director was provided a copy of appeal rights (LIC 9058 01/16) 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. First level appeals should be sent to the regional manager to the address listed above.



End of Report
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Sarah Garcia
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 06-CC-20240528082051
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: MIRACULOUS MILESTONES
FACILITY NUMBER: 304371570
VISIT DATE: 07/10/2024
NARRATIVE
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(Page 3)
LPA Garcia interviewed 7 parents. Parent 3 (P3) stated, “My concern is ratio in the classroom. I have noticed. They told me it was 14 to 1 and to my understanding it is 12 to 1.” Parent 8 (P8) stated, “It is not that I do not trust the teachers, ratios are not okay.” P8 stated, “Yeah, I mean it depends in the day and yes for [my child] their teachers are wonderful, and it depends on the ratio. If [my child] has 9 in the class that is a lot. [My Child] said it is noisy and overwhelming...with ratios.” Parent 2 (P2), Parent 4 (P4), Parent 5 (P5), Parent 6 (P6), and Parent 7 (P7) made no disclosures.

LPA reviewed 11 out of 12 staff qualifications. S7 does not have staff qualifications on file.

Based on LPA’s staff interviews, it has been determined (1) Licensee allows unqualified staff to work at facility and (2) Facility staff are out of ratio. Therefore, the preponderance of evidence standard has been met, therefore the above allegation(s) are found to be Substantiated. California Code of Regulations, Title 22 deficiencies, (1) Type B and (1) Type A Citation(s) are being cited on the attached LIC 9099D.

LPA Sarah Garcia informed Director Jaime Luu, that this report dated 7/10/2024 documents (1) 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 Sarah Garcia informed Director Jaime Luu, to provide a copy of this licensing report dated 7/10/2024 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 conducted and report was reviewed with the Director Jaime Luu. 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.


(Continue to page 4)
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Sarah Garcia
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 06-CC-20240528082051
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE COUNTY CC RO, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: MIRACULOUS MILESTONES
FACILITY NUMBER: 304371570
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/10/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
07/17/2024
Section Cited
CCR
101216.3(b)(a)
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101216.3 Teacher-Child Ratio (b) (a)
There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below.
This requirement was not met as evidenced by:
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Director and assistant director will sign a declaration regarding child ratios and staff qualifications. Director will send declarations to sarah.garcia@dss.ca.gov by 5pm on 7/17/2024.
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Based on interviews and record review, S2 stated they were over 12 children by themselves.
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Type B
07/10/2024
Section Cited
CCR
101216.2(d)(1)
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101216.2 (d)(1) Teacher Aide Qualifications
(d) An aide assisting a fully qualified teacher…in the supervision of up to..…(1)..six postsecondary...and ...
This requirement was not met as evidenced by:
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Director agreed that S7 will complete 6 units to become a fully qualified aide OR assist solely with classrooms with 15 preschool children or less. Director will send declaration agreeing to the above to sarah.garcia@dss.ca.gov by 5pm on 7/10/24.
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Based on interviews and record review, S7 does not have units and is not a fully qualified aide or teacher which is a potential health, safety, and personal rights risk to the 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: Patricia Magana
LICENSING EVALUATOR NAME: Sarah Garcia
LICENSING EVALUATOR SIGNATURE:

DATE: 07/10/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/10/2024
LIC9099 (FAS) - (06/04)
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