304371421-8-11-2023-06-CC-PMAA-CUXSSC-20230822140739

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371421
Report Date: 08/11/2023
Date Signed: 08/11/2023 01:29:09 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
05/30/2023 and conducted by Evaluator Romelia M Castanon

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230530082134

FACILITY NAME:	MAGICAL STAR MONTESSORI-PRESCHOOL		FACILITY NUMBER:	304371421
ADMINISTRATOR:	VITHANAGE, IRA DAYANI		FACILITY TYPE:	830
ADDRESS:	1636 WEST CATHERINE DRIVE		TELEPHONE:	(714) 696-1241
CITY:	ANAHEIM	STATE: CA	ZIP CODE:	92801
CAPACITY:	20	CENSUS: 3	DATE:	08/11/2023
		UNANNOUNCED	TIME BEGAN:	08:00 AM
MET WITH:	Director Ira Dayani Vithanage		TIME COMPLETED:	11:00 AM

ALLEGATION(S):

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Facility is operating out of ratio
Staff inappropriately speak to children in care

INVESTIGATION FINDINGS:

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On 08/11/2023, Licensing Program Analyst (LPA) Romy Castanon made an unannounced visit to the facility to deliver findings of a complaint that was received at the Orange County Regional Child Care Program Office. LPA met with Director Ira Dayani Vithanage and explained the reason for today’s visit. A tour of the preschool classroom was conducted and census was taken. Observed at the time of the visit was a total of 3 infants and 3 staff members.
A review of the Facility Personnel Report Summary 08/11/2023 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 05/30/2023, the Regional Office received a complaint report alleging 1) staff speak inappropriately to children in care and 2) facility is operating out of ratio. Reporting Party did not provide contact information, so LPA was unable to contact them for additional details. Complaint states the Director will often redirect an infant’s behavior with unnecessary comments. Complaint also states the infant class is often out of ratio.
(Continue to Page 2)

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:	DATE: 08/11/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/11/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230530082134

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: 08/11/2023

NARRATIVE

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During LPA’s initial visit on 05/31/2023, LPA interviewed Director and 4 staff. On 07/31/2023, LPA attempted to interview 7 parents. Director denied the allegations stating they do not speak to the children in an impolite manner. Director stated they are at the facility everyday to help step in the classroom if there is ever the need to provide coverage. LPA also received a training attendance sheet for personal rights and safe sleep regulations on 05/31/2023.

During the staff interviews, 5 out of 5 staff denied ever speaking to the children inappropriately when they do not follow instructions. 5 out of 5 staff members stated they have not heard or observed the Director or other staff speak inappropriately or raise their voice to the children. 5 out of 5 staff members stated they do not operate out of ratio. 5 out of 5 staff stated there are always one teacher per 4 infants present every day. On 08/07/2023, LPA interviewed 1 staff member.

LPA did not interview the children due to their age; they are nonverbal.

LPA attempted to interview 7 parents, but 4 parents were unavailable and did not return LPA’s call. 3 out of 3 parents provided positive feedback regarding the facility staff. Parents did not disclose any pertinent information related to the complaint allegations.

On 08/11/2023, LPA audited 1 month of all staff timesheets and attendance for the children for the exact same month. LPA determined staff timesheets, and the children’s attendance sheets coincided with each other, confirming the infant classroom was not out of ratio.

Based on LPA’s record review, interviews conducted with Director, 5 staff members and 3 parents, the allegation 1) staff speak inappropriately to children in care 2) facility is operating out of ratio may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated.

Exit interview was conducted with Director Ira Dayani Vithanage. The Notice of Site Visit was posted. Facility representative was informed that the Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalty of $100. Director 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: 08/11/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/11/2023

LIC9099 (FAS) - (06/04)

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