<meta name="robots" content="noindex">
Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371418
Report Date: 12/14/2022
Date Signed: 12/16/2022 10:49:06 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
09/26/2022 and conducted by Evaluator Romelia M Castanon
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20220926160815
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:
01:00 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Facility operating out of ratio
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 09/26/2022, Orange County Regional Office received a complaint that facility is operating out of ratio. Reporting Party (RP) did not disclose a date or time as to when a teacher was caring for 20 daycare children.
(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-20220926160815
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Page 2 of 3
During initial 10-day visit, on 09/30/2022, LPA interviewed Staff #4 (S4). S4 informed LPA that they were never out of ratio in their classroom, although Staff #5 (S5) would try to convince them that it was okay. Former Director provided copies of updated children’s roster, correspondence between parents and staff, weekly facility staff highlights, and recent staff meeting agendas. LPA also reviewed Employee/Faculty Handbook. LPA observed children and staff in classroom #4.

On, 10/25/2022, LPA received a telephone call from Staff #1 (S1) to inquire about teacher to child ratios at the facility. S1 stated they want to make sure they are following licensing regulations especially during their weekly staff meetings. S1 stated they have a meeting for lead teachers that usually runs way over the time allotted and a separate meeting for the assistants. S1 stated their meetings start between 1:30pm-2:00pm are supposed to be only 30 minutes but can last up to one hour. S1 says scheduled nap time for children is 12:30pm-2:30pm and there have been several occasions the assistants are alone while the children are already awake.

On 10/26/2022, LPA conducted an unannounced visit to facility at 2:20 pm. As LPA entered at the facility, all lead teachers with Athana Howard, who was Interim Director at the time, and Regional Manager (RM), Marriah Pearson were seated around a table in the "Day-Care Room". RM approached LPA and stated they were having their weekly lead teacher meeting. LPA requested to be escorted to take census. All teachers had returned to their classrooms. All 7 classrooms LPA entered had a least four children that were not sleeping but instead doing activities with the assistants. Room 7 had children doing an arts and crafts activity that included scissors and glue. Room 4 had an assistant reading a book to a couple of children while two children sat on a couch reading a book individually. Room 2 had an assistant talking to five children huddled around them and another assistant was helping with restroom duties.

LPA interviewed two staff members, Staff #2 (S2) and Staff #3 (S3) who both stated lead teacher meetings are held on a weekly basis. S2 and S3 informed LPA that a teacher’s assistant meeting was scheduled for 3:00 pm that afternoon but was likely cancelled due to LPA’s visit. S3 informed LPA that it is not unusual for assistants to be left alone for long periods of time during the lead teacher meetings.

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-20220926160815
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Page 3 of 3
Based on the LPA’s observation, interviews conducted with Former Director, Staff #1, #2, #3 and #4, copies of meeting topics sent electronically, the preponderance of evidence standard has been met, therefore the Ratio allegation that facility is operating out of ratio is found to be Substantiated. California Code of Regulations, Title 22, Division 12, Teacher-Child Ratio 101216.3(a) 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-20220926160815
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
12/15/2022
Section Cited
CCR
101216.3(a)
1
2
3
4
5
6
7
Teacher-Child Ratio. There shall be a ratio of one teacher supervising no more than 12 children in attendance except as specified in (b) and (c). This requirement was not met as evidenced by:
1
2
3
4
5
6
7
Director will submit a written statement with plan to correct ratio deficiency which includes but is not limited to changing timeframe of scheduled meetings. Director will email LPA statement at romelia.castanon@dss.ca.gov by specified date on 12/15/2022.
8
9
10
11
12
13
14
LPA observations on 10/26/2022, interviews with Staff #1, #2, #3 and #4, documentation written by former director stating facility was out of ratio. This is an immediate risk of health and safety to the children in care.
8
9
10
11
12
13
14
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
2
3
4
5
6
7
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