304371633-12-21-2023-06-CC-PMAA-CYRR7F-20231222114615

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371633
Report Date: 12/21/2023
Date Signed: 12/21/2023 10:24:48 AM

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
08/30/2023 and conducted by Evaluator Araceli Bootorabi

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230830165250

FACILITY NAME:	ROBIN HOOD MONTESSORI SCHOOL		FACILITY NUMBER:	304371633
ADMINISTRATOR:	PATEL, LITA		FACILITY TYPE:	850
ADDRESS:	27500 MARGUERITE PARKWAY # 6		TELEPHONE:	(949) 364-6342
CITY:	MISSION VIEJO	STATE: CA	ZIP CODE:	92692
CAPACITY:	47	CENSUS: 26	DATE:	12/21/2023
		UNANNOUNCED	TIME BEGAN:	08:45 AM
MET WITH:	Kiana Zaragoza		TIME COMPLETED:	09:30 AM

ALLEGATION(S):

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A daycare child was touched inappropriately while in care.

INVESTIGATION FINDINGS:

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Licensing Program Analysts (LPA) Bootorabi and Jung conducted an unannounced complaint investigation. The purpose of today’s visit is for the delivery of findings. This is a continuation of an investigation initiated on 09/01/2023 and 09/05/2023. Upon arrival, LPA met with Director Kiana Zaragoza who guided LPA on a tour of the facility. At 9:00 am LPA observed 26 preschool-age children with 5 staff members.

The facility representative was reminded that all adults 18 and over, including employees and volunteers, except as specified in Health and Safety Code section 1596.871, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, before initial presence in a Child Care Center. A civil penalty of $100.00 minimum/day for a maximum of 5 days or, if the penalty is for a repeat violation, for a maximum of 30 days per person will be assessed if this regulation is violated.

On 08/30/2023 a complaint was received by the Orange County Regional Office (RO) alleging a daycare child was touched inappropriately while in care.

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Araceli Bootorabi
LICENSING EVALUATOR SIGNATURE:	DATE: 12/21/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/21/2023

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-20230830165250

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: ROBIN HOOD MONTESSORI SCHOOL	FACILITY NUMBER: 304371633
	VISIT DATE: 12/21/2023

NARRATIVE

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On 08/30/2023 a complaint was received by the Orange County Regional Office (RO) alleging a daycare child was touched inappropriately while in care.

LPA interviewed the complainant on 8/31/2023 the complainant received the information during a confidential interview. The complaint was not able to obtain dates or specifics of when the incident occurred.

LPA obtained police report on 10/30/2023. The report mentions Parent (P1) being informed of the alleged incident on 8/25/2023, Child (C1) and Child (C2) interviews; and video footage observed by Law Enforcement The report mentions that P1 was informed of the alleged incident on 8/25/2023. C2 informed P1 that they witnessed the alleged incident while they the restroom, C2 witnessed S1 violating C1's personal rights. C1 was interviewed by Law Enforcement, per report C1 was able to answer generic questions with one-word answers. The police report then states that C1 was not able to answer most questions due to C1s age. C2 was interviewed and mentioned they had to use the restroom, so they ran into the classroom to use the classroom restroom, C2 then saw C1 sitting on the toilet when they witnessed S1 violating C1's personal rights. C2 mentions they were in the corner when they witnessed the incident. The report mentions the Law Enforcement interviewed Staff S1 and it is mentioned that S1 did not recall if S1helped C1 on Friday 8/25/2023 due to having multiple children to care for. The police report then mentions that when Law Enforcement reviewed the video footage of the alleged day the incident occurred, there was no evidence of C2 entering the classroom, while C1 was in the classroom.

LPA interviewed the licensee on 09/01/2023. The licensee was made aware of the incident on Monday 8/28/2023. The licensee mentioned meeting with P1 and P2 (parents of C1&C2) twice and was collecting video footage of the alleged incident date.

The LPA received a self-reported Unusual Incident Report (UIR) on 08/31/2023 from the facility in reference to the complaint received. The UIR mentions the alleged incident and Child #2 (C2) witnessing Child #1 (C1) personal rights being violated by Staff #1 (S1).

On 09/01/2023 LPA interviewed 10 staff members at the facility (S1-S10). 10 out of 10 staff made no disclosures of any child being touched inappropriately by any staff and denied that children’s rights are being violated while in care. 10 of 10 staff also mention not having any concerns about children’s personal rights being violated while in care by other staff. The LPA received 5 declarations on 9/1/2023 from staff working with S1 in the same classroom and S1. All 5 declarations stated that violations of children’s rights were not

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Araceli Bootorabi
LICENSING EVALUATOR SIGNATURE:	DATE: 12/21/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/21/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230830165250

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: ROBIN HOOD MONTESSORI SCHOOL	FACILITY NUMBER: 304371633
	VISIT DATE: 12/21/2023

NARRATIVE

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observed or violated on 8/25/2023, or any other time before 8/25/2023. On 9/5/2023 LPA received supporting documents and updated restroom policy for the school.

LPA interviewed C1’s Parents (P1 & P2) on 9/5/2023. Parents confirmed disclosures made by C2, that C1 was touched in care by S1 inappropriately. C2 disclosed the allegation to P2 at home during their bedtime routine on Friday 8/25/2023. P1 and P2 stated they informed and met with the school's administration to discuss the allegation. P1 and P2 mentioned they reviewed video footage of 8/25/2023, and interviewed staff at the school regarding the allegation.

Parents of the alleged victims declined the department interview the children.

On 9/5/2023 LPA interviewed 7 children enrolled in the facility. 4 of 7 children were qualified during interviews by means of a series of questions pertaining to colors, truth, or lie questions. 4 of 4 qualified children made no disclosures.

Based on Staff, Children, and Parent interviews there is not enough evidence to substantiate the allegation. Although the allegation 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.

An exit interview was conducted with the Director, Kiana Zaragoza Visit was posted during the visit. The director was informed that the notice of the site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The director was provided with a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First-level appeals should be sent to the regional manager at the address listed above.

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Araceli Bootorabi
LICENSING EVALUATOR SIGNATURE:	DATE: 12/21/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/21/2023

LIC9099 (FAS) - (06/04)

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