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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371289
Report Date: 09/22/2023
Date Signed: 09/22/2023 04:05:43 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
07/24/2023 and conducted by Evaluator Araceli Bootorabi
COMPLAINT CONTROL NUMBER: 06-CC-20230724122213
FACILITY NAME:LITTLE THINKERS MONTESSORI ACADEMYFACILITY NUMBER:
304371289
ADMINISTRATOR:KALUGAMPITIYA, LILAMANIFACILITY TYPE:
850
ADDRESS:34240 CAMINO CAPISTRANOTELEPHONE:
(949) 488-7939
CITY:CAPISTRANO BEACHSTATE: CAZIP CODE:
92624
CAPACITY:65CENSUS: DATE:
09/22/2023
UNANNOUNCEDTIME BEGAN:
03:00 PM
MET WITH:KALUGAMPITIYA, LILAMANITIME COMPLETED:
04:30 PM
ALLEGATION(S):
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Unqualified teachers working at the day care
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) A. Bootorabi conducted an unannounced complaint investigation inspection on 07/26/2023.
Census: Preschool Classs 3 Years 12 children 2 Teacher - Toddler Class: 8 Children 1 Teacher
Upon arrival, the LPA met with the Director, KALUGAMPITIYA, LILAMANI, and informed the purpose of the today's visit.

The facility representative was reminded that all adults 18 and over living or working in the home, including employees and volunteers, except as specified in Health and Safety Code section 1596.871, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to the initial presence in a licensed Center. A civil penalty of $100.00 minimum/day for a maximum of 5 days or, if the penalty is for a repeat violation, for a maximum of 30 days per person will be assessed if this regulation is violated. Page 1
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Araceli Bootorabi
LICENSING EVALUATOR SIGNATURE:

DATE: 09/22/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2023
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 4
Control Number 06-CC-20230724122213
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: LITTLE THINKERS MONTESSORI ACADEMY
FACILITY NUMBER: 304371289
VISIT DATE: 09/22/2023
NARRATIVE
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A review of staff criminal records on this date indicated all facility staff or individuals who require caregiver background checks have received a criminal record clearance and a child abuse index clearance, or an exemption clearance.

Allegation: Unqualified teachers working at the day care.

The Department received a complaint on 07/24/2023 alleging the facility has unqualified staff working at the facility.

On 07/24/2023 the reporting party alleged the facility had unqualified teachers. The LPA was unable to interview the complaint, due to no contact information.

On 07/26/2023 the LPA interviewed 4 staff (S2, S3, S4, S5) who were hired to work as lead teachers in the facility. 2 of 4 staff admitted to not being fully qualified to work directly with children.

On 7/26/2023 the LPA requested that the director send completed records of all teachers working directly with children. LPA’s census of teachers on 7/26/2023 was 11 staff members. LPA received 4 incomplete files on 7/28/2023. On 7/26/2023 the LPA received an email from the licensee requesting a waiver for unqualified staff.

LPA emailed the director for a completed record for staff working with children on 8/10/2023. LPA never received the completed files. LPA conducted a visit on 8/17/2023 for the purpose of reviewing teacher qualifications and files. Based on the record review there are 3 out of 3 lead teachers that are not qualified.

Based on interviews and LPA’s record review the facility is operating with unqualified staff. The preponderance of the evidence standard has been met and the allegation is substantiated.

The facility did not meet the California Code of Regulations, Title 22 Division 12, and regulations not met were observed, discussed, and cited at the time of the visit.

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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Araceli Bootorabi
LICENSING EVALUATOR SIGNATURE:

DATE: 09/22/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 06-CC-20230724122213
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: LITTLE THINKERS MONTESSORI ACADEMY
FACILITY NUMBER: 304371289
VISIT DATE: 09/22/2023
NARRATIVE
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The following violations of the California Code of Regulations, Title 22; Division 12, were observed and cited today: 101216.1(c)(1)(A)

Copy of 101216.1 & 101239 Regulation was provided to director.

Due to the Type A violations cited today, the licensee shall post, and provide copies, of the report to parents/guardians of the children in care at the facility by the next business day and shall provide them to the parents/guardians of children newly enrolled at the facility during the next 12 months. The licensee is to keep an acknowledgment receipt (LIC 9224) signed by parents in each child’s file. In addition, the licensee shall immediately post upon receipt of the Proof of Correction for 30 consecutive days.

An exit interview was conducted with the Director, KALUGAMPITIYA, LILAMANI Notice of Site Visit was posted during the visit. The director was informed that the notice of the site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The 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: Patricia Magana
LICENSING EVALUATOR NAME: Araceli Bootorabi
LICENSING EVALUATOR SIGNATURE:

DATE: 09/22/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 4
Control Number 06-CC-20230724122213
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: LITTLE THINKERS MONTESSORI ACADEMY
FACILITY NUMBER: 304371289
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/22/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/22/2023
Section Cited
CCR
101216.1(c)(1)(A)
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To be a fully qualified teacher:12 post-secondary semester... six months of work experience..Based on observation, interview, and record review, the licensee did not comply with the section cited above by means of not meeting the personnel requirements for children in care this poses
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The diretor stated that staff are working on their units and exceptions are in progress for S3, S5 & S6. The director also stated that they are in the process of interviewing more potential candidates.
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an immediate risk to children as staff are observed being left alone without a qualified staff member who has either qualifications or experience to care, and supervise children in care poses an immediate health, safety, or personal rights 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: Patricia Magana
LICENSING EVALUATOR NAME: Araceli Bootorabi
LICENSING EVALUATOR SIGNATURE:

DATE: 09/22/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/22/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 4