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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 11:04:51 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
09/23/2022 and conducted by Evaluator Romelia M Castanon
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20220923141501
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:
12:00 PM
MET WITH:Director Athana HowardTIME COMPLETED:
12:30 PM
ALLEGATION(S):
1
2
3
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5
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7
8
9
Staff handles daycare children in a rough manner
INVESTIGATION FINDINGS:
1
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10
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13
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 09/23/2022, Orange County Regional Office received a complaint regarding staff yells at daycare children and staff handles daycare children in a rough manner.

On 09/30/2022, LPA conducted initial 10-day visit in conjunction with complaint #06-CC-20220920110413 submitted on 09/20/2022. LPA interviewed Staff #2 and Child #1.
(Page 1 of 2)
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-20220923141501
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 2
On 10/06/2022, LPA interview Reporting Party (RP) for any additional information regarding investigation. RP stated on June or July 24, 2022, Child #2 (C2) expressed Staff #1 (S1) pinched their cheeks and stomach hard. RP stated it was the torso area, above the stomach. RP contacted S1 through a phone application. S1 responded C2 had a bad day but informed RP in person the next day that a peer had pinched C2.
RP stated S1 created a reward chart to manipulate the children. RP stated that C2 would often express that S1 was mad at them or they got in trouble because they were not listening, that was the reason they did not receive a sticker.
C2 informed RP on 09/14/2022, S1 hurt them. RP instructed C2 to show how, C2 proceeded to pinch the forearm of their parent. On 09/15/2022, RP was unable to speak with S1 about the incident because they were not present. On 09/16/2022, RP was notified by the facility by email regarding complaints of a staff member being physically aggressive toward the students in Classroom #4. RP states C2 also mentioned S2 would implement "time-out" and would slap the legs and thighs to keep the children seated. RP stated C2's temperament has changed. C2 is no longer attending the facility.

On 10/07/2022, LPA interviewed C2 who was able to identify S1 by name. LPA asked C2 what would happen to the children in their old classroom, if they were not good listeners. C2 used his right hand's index and thumb fingers to do a pinching motion between his rib cage and stomach. C2 stated S1 would pinch them and their friends. C2 was unable to provide any further details of his experience in Classroom #4.
Based on the interviews conducted with Reporting Party and Child #2, as well as, Staff #1, Child #1, and Child #9 on 09/30/2022, the preponderance of evidence standard has been met, therefore the Personal Rights allegation that staff handles day care children in a rough manner is found to be Substantiated. California Code of Regulations, Title 22, Division 12, 101223(a)(3) which has been cited with plan of correction on the attached LIC9099D of complaint #06-CC-20220920110413.

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.
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
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
09/23/2022 and conducted by Evaluator Romelia M Castanon
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20220923141501

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:
12:00 PM
MET WITH:Director Athana HowardTIME COMPLETED:
12:30 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Staff member yells at daycare children
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
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 09/23/2022, Orange County Regional Office received a complaint regarding staff yells at daycare children and staff member yells at daycare children.

Page 1 of 2
Unsubstantiated
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: 3 of 4
Control Number 06-CC-20220923141501
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 2
On 09/30/2022, LPA conducted initial 10-day visit in conjunction with complaint #06-CC-20220920110413 submitted on 09/20/2022. LPA interviewed Staff #2 and Child #1.

On 10/06/2022, LPA interviewed Reporting Party (RP), no additional information regarding specific allegation was disclosed.

On 10/07/2022, LPA interviewed Child #2 (C2) who was able to identify S1 by name. LPA asked C2 what would happen to the children in their old classroom, if they were not good listeners. C2 used his right hand's index and thumb fingers to do a pinching motion between his rib cage and stomach. C2 stated S1 would pinch them and their friends. C2 was unable to provide any further details of his experience in Classroom #4 or regarding allegation that staff member yelled at children. C2 is no longer attending the facility.

Based on the interviews conducted with Reporting Party and Child #2 there was insufficient evidence to corroborate the allegations that staff yells at daycare children. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is Unsubstantiated.

Exit interview was conducted with Director Athana Howard. Report was reviewed and discussed. Notice of Site Visit was posted during the visit. 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 per day. The facility was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights.



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: 4 of 4