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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371637
Report Date: 03/18/2024
Date Signed: 03/18/2024 12:02:18 PM

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
12/28/2023 and conducted by Evaluator Patricia Duron
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20231228133743
FACILITY NAME:SPECTRUM MONTESSORI AT WOODBURYFACILITY NUMBER:
304371637
ADMINISTRATOR:NIXON, LURAFACILITY TYPE:
850
ADDRESS:5725 TRABUCO ROADTELEPHONE:
(949) 825-5589
CITY:IRVINESTATE: CAZIP CODE:
92620
CAPACITY:144CENSUS: 122DATE:
03/18/2024
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Lura Nixon, Director TIME COMPLETED:
12:00 PM
ALLEGATION(S):
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Staff did not meet child’s dietary needs
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Patricia Duron conducted an unannounced complaint visit to deliver the complaint findings. This is a continuation of the investigation initiated on1/9/2024. LPA met with Director, Lura Nixon and informed the director of the purpose of the visit. The director guided LPA on a tour of the facility and a census was taken. The overall census observed was 14 staff and 122 children.
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 12/28/23 a complaint was filed with the Licensing office alleging Staff did not meet child’s dietary needs. Reporting Party (RP) stated Child #1(C1) is allergic to wheat and on 11/22/23, after snack around 3pm, C1 was observed to have swollen face, coughing constantly, and lip had a boil. C1’s stomach was developing hives.
During the course of investigation, LPA interviewed 9 staff members, 5 children, 4 parents, and reviewed records.
Page 1 of 3
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 03/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/18/2024
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 6
Control Number 06-CC-20231228133743
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: SPECTRUM MONTESSORI AT WOODBURY
FACILITY NUMBER: 304371637
VISIT DATE: 03/18/2024
NARRATIVE
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On 1/9/2024, Staff #5 (S5) provided LPA Duron an incident report stating on Wednesday 11/22/23, S2 advised S6 not to give C1 bread because C1 had severe wheat reaction. S6 understood about C1 allergies and only gave C1 an orange during the afternoon snack on 11/22/23. After the snack, C1 was moved to another classroom. Around 3:20 – 3:25pm, C1’s parents arrived to pick C1. C1’s dad noticed C1 looked red, and had a runny nose. The teacher stated they did not notice this. Dad asked what C1 had eaten, and teachers stated they had not given C1 bread. At this time, the parents asked for C1’s Epipen and they left the facility. S3 stated on 11/22/23 the facility learned that after C1 left the facility, C1 began experiencing trouble breathing and Epi pen was administered to C1. C1 was having an allergic reaction to something C1 ate. The parents of C1 took C1 to the ER to monitor the condition.

During the staff interviewed, S5 stating all teachers are aware of C1’s allergy condition and was thinking C1 had an allergic reaction due to cross contamination which means staff probably wore food gloves to serve bread and used the same food gloves to pick up the orange to serve to C1. Corporate office has already provided training to all staff regarding allergy, what to do in case of an emergency, and how to use an Epi-pen.

During the staff interview, S3 stated on 11/22/23, around 3pm, S3 was at the front desk and Adult #1 (A1) came to S3 asking S3 to locate C1 since C1 was not in attendance of gymnastics class. S3 and A1 went to classroom #5 where C1 was in attendance. C1 was in the room with S7 and S9. C1 was observed to have a runny nose. S3 asked S6 what C1 had for snack and S6 informed S3 that S6 gave C1 an orange.


During the staff interview, S6 stated S6 is a substitute teacher from another Agency. On 11/22/23, it was the first time S6 came to substitute at this facility. During the afternoon snack around 3pm, one of the teachers pointed at C1 and told S6 that C1 is allergic to bread. S6 remembered on 11/22/23 the school was having a Thanksgiving party day and there were many children. S6 did not give any food to any children. S6 only set the tables with plates and cups. S6 denied giving C1 any food or orange. S6 denied talking to S3 or S5 about the incident.
LPA reviewed the medical record which indicated on 11/22/23, C1 was seen for allergic reaction: Wheat allergy. At 3:53pm, C1 received Benadryl, Prednisone, and Epipen. Medical records stated C1 had Hives over forehead, elbows, heads, and abdomen.
During the children interview, 5 out of 5 children did not make any disclosures.

LPA Duron interviewed 4 parents. All interviewed parents stated they did not have any concern with facility.

Page 2 of 3

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 03/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/18/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 06-CC-20231228133743
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: SPECTRUM MONTESSORI AT WOODBURY
FACILITY NUMBER: 304371637
VISIT DATE: 03/18/2024
NARRATIVE
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Based on the staff interview and record review, on 11/22/23, C1 was taken to the Doctor right after being picked up from the facility for wheat allergic reaction treatment. The staff members interviewed denied giving bread to C1. No staff members know how C1 received the allergic reaction. S3 acknowledged observing C1 had a runny nose on 11/22/23 when S3 walked in the classroom with A1. S7 disclosed on 11/22/23 after 3pm, S7 found C1’s Epipen in the classroom #3 and gave it to C1's mother. In addition, staff members were providing inconsistent statements regarding the incident that took place on 11/22/2023 to C1.

Based on the information gathered from the above, the preponderance of evidence standard has been met, therefore the allegation of Staff did not meet child’s dietary needs is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1 Section 101223 Personal Rights (a)(3). Please refer to attached 9099D for documentation of deficiencies.

This requirement is met as evidence by: Based on LPA’s interview and record review ,on 11/22/23, C1 received an allergic reaction to wheat. Facility served the children bread during afternoon snack and the staff members did not know how C1 had the allergic reaction as staff denied serving bread to C1. This poses an immediate health risk to the children in care.

LPA Duron informed Director, Lura Nixon that this report dated 03/18/24 documents one Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care. LPA Duron informed the Director to provide a copy of this licensing report dated 03/18/24 that documents any Type A citation 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.

An exit interview was completed. The report was reviewed and discussed. Appeal Rights were provided. 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. Any proposed changes to the physical plant, including telephone number, shall be immediately reported to the Department.



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.

Page 3 of 3 End of Report.

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 03/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/18/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 06-CC-20231228133743
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: SPECTRUM MONTESSORI AT WOODBURY
FACILITY NUMBER: 304371637
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/18/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/18/2024
Section Cited
CCR
101223(a)(3)
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101223(a)(3) Personal Rights
To be free from corporal or unusual punishment, infliction of pain,humiliation ... interference with functions of daily living including eating, sleeping or toileting... medication or aids to physical functioning. This requirement is not met as evidence by:
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Director stated Corporate office has already provided training to all staff regarding allergy, what to do in case of an emergency, and how to use an Epi-pen. On 3/18/24 Director provided LPA with a written statement stating staff members that received training, along with the name of training provided.
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Based on LPA’s interviews and record reviews, on 11/22/23, C1 received an allergic reaction to wheat. Facility served the children bread during afternoon snack and the staff members did not know how C1 had the allergic reaction as staff denied serving bread to C1. This poses an immediate health risk to the 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: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 03/18/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/18/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 6
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
12/28/2023 and conducted by Evaluator Patricia Duron
COMPLAINT CONTROL NUMBER: 06-CC-20231228133743

FACILITY NAME:SPECTRUM MONTESSORI AT WOODBURYFACILITY NUMBER:
304371637
ADMINISTRATOR:NIXON, LURAFACILITY TYPE:
850
ADDRESS:5725 TRABUCO ROADTELEPHONE:
(949) 825-5589
CITY:IRVINESTATE: CAZIP CODE:
92620
CAPACITY:144CENSUS: 122DATE:
03/18/2024
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Lura Nixon, Director TIME COMPLETED:
12:00 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Staff did not seek medical attention for daycare child in a timely manner
Staff did not properly supervise daycare child
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
Licensing Program Analyst (LPA) Patricia Duron conducted an unannounced complaint visit to deliver the complaint findings. This is a continuation of the investigation initiated on 1/9/2024. LPA met with Director, Lura Nixon and informed the director of the purpose of the visit. The director guided LPA on a tour of the facility and a census was taken. The overall census observed was 14 staff and 122 children.
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 12/28/23 a complaint was filed with the Licensing office alleging Staff did not seek medical attention for daycare child in a timely manner and Staff did not properly supervise daycare child. Reporting Party (RP) stated Child #1(C1) was having an anaphylactic reaction and staff did not seek medical attention. C1 was supposed to be in Gymnastic class at 3pm and staff did not take C1 to the Gymnastic class.

Page 1 of 2
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 03/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/18/2024
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 6
Control Number 06-CC-20231228133743
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: SPECTRUM MONTESSORI AT WOODBURY
FACILITY NUMBER: 304371637
VISIT DATE: 03/18/2024
NARRATIVE
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During the course of investigation, LPA interviewed 9 staff members, 5 children, 4 parents, and reviewed records.

Regarding allegation: Staff did not seek medical attention for daycare child in a timely manner. Staff #3 (S3) stated the following: On 11/22/23, around 3pm, S3 was at the front desk and Adult #1 (A1) came asking S3 to locate C1 since C1 was not in attendance in the Gymnastic class. S3 and A1 went to classroom #5 where C1 was in the room with S7 and S9.

S6 stated S6 took some children to classroom #5 after snack and did not remember taking C1 to classroom #5. Indeed, S6 stated S6 was a substitute for the day and did not remember what C1 looked like.

8 interviewed staff stated the facility has a list of children with allergies posted in every classroom on the cabinet. If the children had an allergic reaction, staff would call 911, apply Epipen as needed, and call the parents. S7 and S9 observed C1 looked fine, observed a runny nose on C1.

Regarding allegation: Staff did not properly supervise daycare child. S5 stated the following: On 11/22/23, S10, the substitute Gymnastic teacher was supposed to take C1 and the other children enrolled in gymnastics to the Gymnastic lesson, but S10 was subbing for the day and only took the other children enrolled in the Gymnastic class. C1 was in the classroom #5 and was supervised by S7 and S9. At no time, was C1 left unsupervised.

S3 confirmed on 11/22/23, S3 and A1 observed C1 was supervised by S7 and S9 in classroom #5. S7 and S9 confirmed they were supervising C1 when S3 and A1 arrived to classroom #5.

During the children interview, 5 out of 5 children did not make any disclosure.

LPA Duron interviewed 4 parents. All interviewed parents stated they did not have any concern with facility.

Based on the information gathered from LPA's interviews, observation, and reviewing records, there is insufficient evidence to corroborate the allegations of Staff did not seek medical attention for daycare child in a timely manner and Staff did not properly supervise daycare child. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur; therefore, the allegations are UNSUBSTANTIATED. Exit interview was conducted, and report was reviewed and discussed. Notice of Site Visit was posted during the visit. 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 per day. The facility was provided a copy of their appeal rights (LIC 9058 12/15) and their signature on this form acknowledges receipt of these rights. Page 2 of 2. End of Report.

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Patricia Duron
LICENSING EVALUATOR SIGNATURE:

DATE: 03/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/18/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 6