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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371418
Report Date: 01/04/2023
Date Signed: 01/04/2023 11:27:16 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
11/04/2022 and conducted by Evaluator Romelia M Castanon
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20221104113834
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: 92DATE:
01/04/2023
UNANNOUNCEDTIME BEGAN:
09:05 AM
MET WITH:Director Athana HowardTIME COMPLETED:
12:00 PM
ALLEGATION(S):
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Facility staff member inappropriately handled day care children.
INVESTIGATION FINDINGS:
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On 01/04/2023, 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 92 children and 18 staff members.
A review of the Facility Personnel Report Summary on 01/04/2023 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 11/04/2022, Orange County Regional Office received a complaint that facility staff member inappropriately handled day care children.

Page 1 of 3
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:

DATE: 01/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/04/2023
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 7
Control Number 06-CC-20221104113834
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: 01/04/2023
NARRATIVE
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During initial 10-day visit, on 11/08/2022, LPA interviewed Former Director of Operations, who is now the new Director, Athana Howard. LPA interviewed two (2) staff members. Director provided copies of updated children’s roster and facility staff roster. LPA reviewed three (3) children files and one (1) staff file. LPA also conducted observations of children and staff in Classroom #4 and #6.

LPA interviewed Reporting Party (RP) on 11/08/2022. RP stated that staff member #1 and #2 would hold down child during rest time. RP also stated that children were afraid of the staff members and would cry unconsolably during nap time.

LPA interviewed Staff #4 on 11/08/2022. S4 stated if the children ever have a hard time falling asleep during naptime, they would sit near them and pat them on the back. If a child is not able to be calm enough to rest, they call the staff at the front desk for assistance. The front desk will often give the child an activity to have them settle down then escort them back to the classroom to nap. S4 stated that working with Staff #2 (S2) has been good and they are gentle with the children. S4 states they have good communication and likes that they take initiative and does not wait to receive direction from S4.

LPA conducted observation in Classroom #6 on 11/08/2022 for naptime. When LPA entered the room for observation, there were 9 children finishing their meal, cleaning up or already laying on the mats in the center of the room on a large area rug. LPA stood behind S3 who was sitting next to Child #3 (C3). LPA observed S3 use both hands to forcefully keep C3 laying flat on the mat. LPA observed S3 simultaneously holding C3's arms, legs and chest. C3 was refusing to lay calmly, they were still very much active and wanting to play. C3 was sliding around on the mat on his back and wiggled his feet toward S3's face while chanting "smell my feet, smell my feet". C3 was visibly uncooperative. After about 30 minutes, C3 was able to quiet down and rest.

LPA conducted a second unannounced visit on 12/19/2022. LPA interviewed two staff members. During the interview with S1 that the children do not have to sleep during naptime, but it is recommended for them to at least sit or lay quietly on their mats for 30 minutes. S1 states they will read a story to the child or pat their back or head, whatever the child prefers. S2 stated that the children are good at resting their head on their mats and if they are unable to fall asleep, an activity will be given to them to quietly work on at their mats.
Page 2 of 3
SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:

DATE: 01/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/04/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 06-CC-20221104113834
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: 01/04/2023
NARRATIVE
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Page 3 of 3
S2 stated if a child refused to rest on their mat, they would not force them to lay down to sleep.

Based on interviews conducted with Director, Reporting Party and three (3) staff, there is insufficient evidence to make the determination that the allegation against a specific staff member holding down a child during naptime did or did not occur. However, during LPA observation in Classroom #6, LPA witnessed Staff #3 use inappropriate restraining methods on a child to remain on their sleeping mat. The preponderance of evidence standard has been met, therefore the personal rights allegation that facility staff member inappropriately handled day care children is found to be Substantiated. California Code of Regulations, Title 22, Division 12, Personal Rights 101223(a)(3) is being cited on the attached LIC9099D.

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: 01/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/04/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 06-CC-20221104113834
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: 01/04/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
01/16/2023
Section Cited
CCR
101223(a)(3)
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(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 including but not limited to: interference with functions of daily living including eating, sleeping or toileting...
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Director held an all staff meeting on 12/19/2022 regarding naptime procedures including when a child does not want to rest. LPA was provided the meeting agenda and attendance signatures of all employees in attendance during visit on 01/04/2023.
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This requirement was not met as evidenced by: LPA’s observation of Staff #3 use inappropriate restraining methods on a child to remain on their sleeping mat. This poses a potential risk to the personal rights of 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: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:

DATE: 01/04/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/04/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 7
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
11/04/2022 and conducted by Evaluator Romelia M Castanon
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20221104113834

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: 92DATE:
01/04/2023
UNANNOUNCEDTIME BEGAN:
09:05 AM
MET WITH:Director Athana HowardTIME COMPLETED:
12:00 PM
ALLEGATION(S):
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2
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9
Facility staff member hit day care child.
Facility staff member yelled at day care children.
INVESTIGATION FINDINGS:
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On 01/04/2023, 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 92 children and 18 staff members.
A review of the Facility Personnel Report Summary on 01/04/2023 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 11/04/2022, Orange County Regional Office received a complaint that facility staff member hit day care children and yelled at daycare children.

Page 1 of 3
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:

DATE: 01/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/04/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 06-CC-20221104113834
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: 01/04/2023
NARRATIVE
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Page 2 of 3
During initial 10-day visit, on 11/08/2022, LPA interviewed Former Director of Operations, who is now the new Director, Athana Howard. LPA interview one (1) staff member and four (4) children. Director provided copies of updated children’s roster, facility staff roster, parent handbook, email correspondence between Reporting Party (RP). LPA observed children and staff in classroom #6.

LPA interviewed RP on 11/08/2022. RP stated that they would often go into Classroom #6 to prepare activities for the day. On one occasion, RP states they witnessed Staff #1 (S1) become visibly upset at their own child who attends the facility and knock their head against a cubby. RP stated that same week, they observed the child with blood in the white of their eye and assumed it was an injury sustained from the that incident. RP stated they reported it to management, and they were instructed to utilize another room during prep time. RP stated they were upset with management’s response and contacted the regional manager, as well as, the company’s human resource representative but never received a response.

LPA interviewed Child #1 on 11/08/2022 and observed the redness in the child’s eye. The child stated the reason for their eye injury was because they “watch too much iPad”. C1 also mentioned they must apply eyedrops to their eye. No additional information was provided by the children pertaining to the specific allegations. During LPA’s observation of Classroom #6 on 11/08/2022, LPA did not observe staff members raise their voice or become physically aggressive in any way toward the children. All children were well behaved and were obeying all requests made by staff members.

LPA conducted a second unannounced visit on 12/19/2022. LPA interviewed two (2) staff members. During the interview with S1 on 12/19/2022, they stated if there were any issues with a child, they would work with them to find a solution by talking to them first. S1 stated all the children are well behaved. LPA also interviewed Staff #2 (S2). S2 stated that all teachers they have worked with at the facility are very gentle with the children and that included S1. S2 stated they have never witnessed S1 become physically aggressive and do not believe they would ever become physically with any child.

Page 2 of 3
SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:

DATE: 01/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/04/2023
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 06-CC-20221104113834
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: 01/04/2023
NARRATIVE
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Page 3 of 3
Based on the interviews conducted with Reporting Party, Director, two (2) staff and three (3) children there was insufficient evidence to corroborate the allegations of facility staff member hit day care child and yelled at day care child. Although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations 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. 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 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: 01/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/04/2023
LIC9099 (FAS) - (06/04)
Page: 7 of 7