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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371421
Report Date: 05/16/2023
Date Signed: 05/16/2023 01:56:21 PM

Unsubstantiated


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
03/07/2023 and conducted by Evaluator Giselle Lucero
COMPLAINT CONTROL NUMBER: 06-CC-20230307142038
FACILITY NAME:MAGICAL STAR MONTESSORI-PRESCHOOLFACILITY NUMBER:
304371421
ADMINISTRATOR:VITHANAGE, IRA DAYANIFACILITY TYPE:
830
ADDRESS:1636 WEST CATHERINE DRIVETELEPHONE:
(714) 696-1241
CITY:ANAHEIMSTATE: CAZIP CODE:
92801
CAPACITY:20CENSUS: 10DATE:
05/16/2023
UNANNOUNCEDTIME BEGAN:
12:20 PM
MET WITH:Teacher Vivian MaedaTIME COMPLETED:
02:00 PM
ALLEGATION(S):
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Personal Rights
Lack of Supervision
Lack of Supervision
Personal Rights
Qualifications
Ratio
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Giselle Lucero conducted an unannounced complaint visit to deliver the complaint findings. LPA met with Teacher Vivian Maeda. Census was taken at 12:20 PM. The overall census observed was 3 staff and 10 infants.

A review of staff criminal clearance records on this date indicates that all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 03/07/2023, the Regional Office received a complaint alleging (1) staff member inappropriately handle day care children, (2) staff does not adequately supervise day care children, (3) staff are not qualified, (4) day care child was bit while in care, (5) staff made inappropriate comments to children, and (6) facility is out of ratio.
(continue to next page)
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Giselle Lucero
LICENSING EVALUATOR SIGNATURE:

DATE: 05/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/16/2023
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 3
Control Number 06-CC-20230307142038
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: MAGICAL STAR MONTESSORI-PRESCHOOL
FACILITY NUMBER: 304371421
VISIT DATE: 05/16/2023
NARRATIVE
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(page 2)
LPA and Licensing Program Manager (LPM) reviewed records of 3 staff’s file on 04/06/2023, the facility was in compliance with teacher’s qualifications. LPA and LPM observed that staff had at least twelve post-secondary semester or equivalent quarter units in early childhood education or child development completed, with passing grades, at an accredited or approved college or university, and experience was verified as having been performed satisfactorily, at least three hours per day for a minimum of 50 days in a six-month period, as a paid or volunteer staff member.

During the course of investigation, LPA and LPM interviewed 3 staff. LPA interviewed 6 parents. LPA unable to interview infants due to age and non-verbal.
3 out of 3 interviewed staff denied making inappropriate comments to children in care and denied observing or hearing any other staff making inappropriate comments to children in care. During staff interviews, 3 out of 3 staff denied ever handling any child inappropriately and denied ever witnessing another staff handling infants in an inappropriate manner.

Reporting Party (RP) stated staff leave children unsupervised to grab something from another room resulting in child 1 (C1) getting bit by another child (C2). During staff interview, staff 1 (S1) reported that she witnessed the biting incident that occurred, between C1 and C2 while they were playing with a play kitchen set in the classroom. S1 stated she ran towards C1 and took C1 to the sink to wash off bite area. S1 stated she was supervising 3 infants at the time of the incident.
S1 stated parent of C1 was notified of incident. LPA reviewed timecards during for the day of the incident. When the incident occurred, it was determined staff were in ratio and staff observed the incident happened but was unable to reach the children in time to prevent the bite from happening.

LPA Lucero attempted to contact 11 parents by phone, however, was only able to interview 6 parents. All interviewed parents stated they did not have any concerns with the supervision or care of facility.
Based on the information gathered from LPAs’ interviews with staff and parents, observation of the classroom’s supervision and ratio, and record review, there is insufficient evidence to corroborate the allegations of (1) staff member inappropriately handle day care children, (2) staff does not adequately supervise day care children, (3) staff are not qualified, (4) day care child was bit while in care, (5) staff made inappropriate comments to children, and (6) facility is out of ratio.
(continue to next page)
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Giselle Lucero
LICENSING EVALUATOR SIGNATURE:

DATE: 05/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/16/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3
Control Number 06-CC-20230307142038
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: MAGICAL STAR MONTESSORI-PRESCHOOL
FACILITY NUMBER: 304371421
VISIT DATE: 05/16/2023
NARRATIVE
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(Page 3)
Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the allegations did or did not occur in the day care facility, therefore the allegations are UNSUBSTANTIATED.
An exit interview was completed. The report was reviewed and discussed with Teacher Vivian Maeda. The facility representative was provided a copy of their appeal rights and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Licensing office within 15 business days.

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 $100.00. The “Notice of Site Visit” must be posted on or adjacent to the door.

End of Report.

SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Giselle Lucero
LICENSING EVALUATOR SIGNATURE:

DATE: 05/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/16/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3