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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371418
Report Date: 12/14/2022
Date Signed: 12/16/2022 11:07:32 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
09/20/2022 and conducted by Evaluator Romelia M Castanon
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20220920110413
FACILITY NAME:LAGUNA NIGUEL MONTESSORI CENTERFACILITY NUMBER:
304371418
ADMINISTRATOR:MCLANE, DEBBIEFACILITY TYPE:
850
ADDRESS:28083 MOULTON PARKWAY # BTELEPHONE:
(949) 643-1200
CITY:LAGUNA NIGUELSTATE: CAZIP CODE:
92677
CAPACITY:174CENSUS: 89DATE:
12/14/2022
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Director Athana HowardTIME COMPLETED:
12:00 PM
ALLEGATION(S):
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Staff member pinched day care children
INVESTIGATION FINDINGS:
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On 12/14/2022, Licensing Program Analyst (LPA) Romy Castanon made an unannounced visit to the facility for the purpose to deliver findings of a complaint that was received at the Orange County Regional Child Care Program Office. LPA met with Director Athana Howard and explained the reason for today’s visit. A tour of seven classrooms was conducted, and census was taken. Observed at the time of the visit was a total of 89 children and 16 staff members.
A review of the Facility Personnel Report Summary on 12/14/2022 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 09/16/2022, Orange County Regional Office received an unusual incident report from the facility regarding suspected child abuse from Staff #1 (S1) in classroom #4. On 09/20/2022, the Regional Office received a complaint Orange County Sheriff’s office via Children’s Protective Services with similar allegations in relation to S1. (Page 1 of 3)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:

DATE: 12/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/14/2022
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-20220920110413
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: LAGUNA NIGUEL MONTESSORI CENTER
FACILITY NUMBER: 304371418
VISIT DATE: 12/14/2022
NARRATIVE
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Page 2 of 3
During initial 10-day visit, on 09/30/2022, LPA interviewed Staff #2 (S2). S2 informed LPA during the time they worked with Staff #1, they witnessed acts of aggressive physical behavior on numerous occasions. S2 observed S1 grab children by the back of their arms while speaking to them sternly. S2 observed S1 pick up a child and slam them on a chair. S2 observed S1 pull a child carelessly through the classroom doorway, that child sustained a large bump on their forehead. S2 stated S1 would take the children into the restroom or the corner of the classroom to scold them. S2 stated S1 was triggered by children that were loud, liked to scream or were defiant. S2 stated upon returning from their break, a child would have a suspicious injury, sometimes covered with a band aid or an ice pack. S2 informed LPA that they were in communication with the former facility Director and was reassured that Human Resources was aware of S2’s concerns. S2 provided LPA with forwarded emails and photos that were sent to former Director. S2 stated former Director would randomly visit the classroom for observation and reports nothing was ever discovered during the wellness checks or classroom visits by former Director. Former Director is no longer employed at the facility.
LPA also interviewed Child #1 (C1) during initial visit on 09/30/2022. C1 was able to identify S1 by name and categorized them as the “mean teacher”. C1 demonstrated on LPA’s left hand how S1 “pokes” them. C1 used their index fingernail to dig into the top of LPA’s left hand, leaving a small indentation and red mark. C1 stated they would get “poked” because they were not listening and would take their work out when they were not supposed to. C1 also mentioned that S1 would threaten to send them to the “baby classroom”.

On 10/07/2022, LPA interviewed 6 children from Classroom #4 but was unable to obtain additional information pertinent to this investigation.

On 10/07/2022, LPA also interviewed the former Director. Former Director stated they were unaware of staff concerns regarding physical aggression behavior in Classroom #4 by S1. Former director stated they remember receiving a text message from S2 to immediately go to the playground and observe S1 speaking to C1. Former Director observed S1 speaking to a child with both open palms on the child’s arms. S1 was redirected and reminded not to grab children in that manner.
LPA requested accident/injury reports, unusual incident reports sent to Licensing, any parent communication regarding injuries in Classroom #4, as well as, recent staff trainings. Former Director was unable to provide any requested documentation to LPA. Former Director informed LPA injury reports for Classroom #4 did not exist because S1 preferred to report incidents verbally to parents. (page 2 of 3)
SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:

DATE: 12/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/14/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 06-CC-20220920110413
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: LAGUNA NIGUEL MONTESSORI CENTER
FACILITY NUMBER: 304371418
VISIT DATE: 12/14/2022
NARRATIVE
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Page 3 of 3
On 11/03/2022, LPA interviewed Parent #1/Reporting Party (RP). RP stated that S1 was very rewarding to Child #9 (C9) and gave them a nickname within of week of being in their class. S1 also told RP directly they refuse to use the facility's communication application on their personal phone. On 9/14/2022 Child #9 (C9) told RP that S1 was angry and “pinch on wrist”. On, 09/16/2022, RP states former Director refused to disclose details of the allegations or identify children involved because there was an open investigation. RP found out weeks later by Orange County Sheriff Department Detective that C9 may have been "yanked and dragged across the room by their wrist". On 11/07/2022, LPA interviewed C9 but was unable to provide additional information pertinent to this investigation. LPA did however observe C9’s demeanor become reserved when S1’s name was spoken.

Based on the interviews conducted with Former Director, Staff #1, Parent #1/Reporting Party, Child #1, Child #9 and record review of forwarded electronic communication from staff, the preponderance of evidence standard has been met, therefore the Personal Rights allegation that staff member pinched daycare children is found to be Substantiated. California Code of Regulations, Title 22, Division 12, 101223(a)(3) is being cited on the attached LIC9099D.

LPA Castanon informed Director Athana Howard that this report dated 12/14/2022 documents one Type A citation which shall be posted for 30 consecutive days as there are immediate risks to the health, safety, or personal rights of children in care. LPA Castanon also informed the Director to provide a copy of this licensing report dated 12/14/2022 that documents any Type A citations 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 Director Athana Howard. 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) 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.
(End of Report)
SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:

DATE: 12/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/14/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 06-CC-20220920110413
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: LAGUNA NIGUEL MONTESSORI CENTER
FACILITY NUMBER: 304371418
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/14/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
12/19/2022
Section Cited
CCR
101223(a)(3)
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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...
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Regional Manager M. Pearson provided training on Behavioral Guidance to all staff members on 09/19/2022.Staff #1 was terminated on 09/30/2022 after internal investigation was completed. On, 11/16/22 and 11/23/22 all staff completed Positive Guidance online training.
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This requirement was not met as evidenced by: LPA interviews with Staff #1, Parent #1/Reporting Party, and Child #1 disclosing Staff #1 pinched one or more children in Classroom #4. This is an immediate risk of personal rights to the children in care.
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 Facility has implemented a new thorough employee hiring process that is conducted by the Executive Director, Alexandra Magliarditi. All staff will complete retraining of Mandated Reporter training by 01/03/2023. Director will email staff completion certificates by 01/04//2023.
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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: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:

DATE: 12/14/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/14/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 4