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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371685
Report Date: 01/28/2025
Date Signed: 01/28/2025 03:42:20 PM

Substantiated


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
12/11/2024 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20241211135553
FACILITY NAME:MONTESSORI SCHOOL OF SAN CLEMENTEFACILITY NUMBER:
304371685
ADMINISTRATOR:GJERTSON, MICHELLEFACILITY TYPE:
860
ADDRESS:1141 PUERTA DEL SOLTELEPHONE:
(949) 276-4160
CITY:SAN CLEMENTESTATE: CAZIP CODE:
92673
CAPACITY:189CENSUS: 96DATE:
01/28/2025
UNANNOUNCEDTIME BEGAN:
01:35 PM
MET WITH:DirectorTIME COMPLETED:
04:15 PM
ALLEGATION(S):
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Facility is operating out of ratio
Staff yell in the presence of day care children in care

INVESTIGATION FINDINGS:
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Page 1 of 3
Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation regarding the above allegations. This is a follow up for the visit conducted on 12/18/2024. LPA met with Director, Michelle Gjertson, and licensee Jessy Wang. There was a total of 96 children with a total of 14 staff in 8 different classroom. The teacher child ratio was as below: 3/7 in Infant 1, 2/12 napping children in Infant 2, 1/10 napping toddlers (TO) in Room 3, 1/12 napping preschoolers (PS) in Room 5, 2/14 PS in Room 7, 3/18 PS in Room 9, 1/11 PS in Room 11, 1/12 PS in Room 12. Rooms 6, 8, and 10 were not in use.

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

On 12/11/2024, the Orange County Childcare Office received a complaint alleging 1) Facility is operating
Continued on page 2
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 01/28/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2025
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 8
Control Number 06-CC-20241211135553
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: MONTESSORI SCHOOL OF SAN CLEMENTE
FACILITY NUMBER: 304371685
VISIT DATE: 01/28/2025
NARRATIVE
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out of ratio, 2) Staff yell in the presence of day care children in care”.
The Reporting Party (RP) stated staff are constantly left out of ratio in the mornings. It was also reported that staff has yelled and raised their voice multiple times at other staff in front of parents and the children.
During the course of investigation, LPA interviewed 19 staff who work at this childcare facility in different classrooms. LPA also contacted 10 parents randomly. During the course of investigation, staff who were interviewed stated the following regarding the above allegations.

Regarding the allegation of “Facility is operating out of ratio”, LPA interviewed 19 staff who work in different classrooms. Children were not interviewed due to the nature of the complaint allegation. Staff verified that they are knowledgeable of teacher child ratio for different age group of children. A group of staff denied the classrooms to be out of ratio. They stated they did not witness any incidents of any classroom to be out of ratio. However, S4 stated S4 witnessed one classroom was being supervised by an aide and not a qualified teacher on one occasion around 4:00pm on an unspecified date. S8 also confirmed witnessing that one mentioned classroom with 4 children was supervised by an aide and not a qualified teacher for 10 minutes around 4:00 or 4:15pm on an unknown date. S15 confirmed witnessing same incident of an unqualified staff was supervising few children alone few weeks ago on an unspecified date around 4:00 pm for 10 minutes.
on a different incident, S6 stated on one occasion close to the closing S6 was with S7 in a preschool room with 16 to 17 children. S6 admitted S6 left the classroom to assist a parent while leaving S7 alone with 16 to 17 children for few minutes. S7 confirmed and witnessed S7 was in a classroom with S6. S7 witnessed S6 left the room for few minutes to assist a parent while leaving S7 with 17 children alone. S8 stated S8 heard staff were asking for help on walkie talkie on days of 12/9/2024, 12/10/2024, and 12/11/2024. Staff were notifying the management of being out of ratio on walkie talkie few times. S8 stated S8 was not sure if the staff were in the classroom asking for help or on the playground. S8 stated S8 could hear the staff few times throughout the day asking for help. S11 stated S11 has witnessed few classrooms to be out of ratio mostly in the afternoons. However, S11 was not sure about a certain date and time. S15 stated S15 witnessed they have been sometimes out of ratio few months ago. S15 stated S15 heard staff announced on walkie talkie that they were with 27 children and 2 staff one time, and no help went for them. S15 heard the staff announcing again after few minutes asking for additional staff. S15 stated it was around 8:30 am on an unspecified date.
Continued on page 3
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 01/28/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 8
Control Number 06-CC-20241211135553
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: MONTESSORI SCHOOL OF SAN CLEMENTE
FACILITY NUMBER: 304371685
VISIT DATE: 01/28/2025
NARRATIVE
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LPA reviewed the electronic records for staff time in and children’s attendance. Attendance records for December 9, 10, and 11, 2024, indicated adequate staffing overall but lacked room-specific details to verify staff-to-child ratios at particular times.
Regarding the allegation of “Staff yell in the presence of day care children in care”, LPA interviewed 19 staff regarding this allegation. Children were not interviewed due to the younger age. A group of staff stated they did not witness any staff yell at another staff in front of children or parents. However, S1 admitted raising their voice in frustration when addressing a staff member’s mistake in the presence of younger children.
S2 confirmed witnessing S1 raised voice with a firm voice on a staff person around younger children while parents dropping off children.
S3 confirmed witnessing S1 yelled at one staff on the same one incident when few younger children were in the room and few parents were around.
S4 stated S4 heard S1yelled at one staff in a loud voice. S4 reported of another experience, S1 warning a few staff in a loud, yelling voice at the entrance of a classroom when younger children napping.
S5 stated S5 could hear S1’s yelling at one staff who was with younger children on the same incident situation.
S8 stated S8 heard S1 yelled at one staff when parents were around. S11 stated S1 has a deep voice.
S15 stated S1 raises voice and showing attitude at staff.
Based on the interviews with 19 staff, reviewing the documents submitted to LPA for investigation, and contact with 10 parents of whom 2 parents responded with no concerns regarding the above allegations, it was determined the preponderance of evidence standard has been met, the allegations of " 1) Facility is operating out of ratio, 2) Staff yell in the presence of day care children in care are found to be SUBSTANTIATED.
California Title 22 Regulations Section 101216.3 under teacher child ratio and section 101223(a)(1) under personal rights are sited on next page on LIC 809D.
The director, Michelle Gjertson was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. Notice of Site Visit must be posted on or adjacent to the door. Failure to post will result in Civil Penalty of $100.00. The director, Michelle Gjertson was provided with a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. The exit interview was conducted with director, Michelle Gjertson.
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 01/28/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 8
Control Number 06-CC-20241211135553
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: MONTESSORI SCHOOL OF SAN CLEMENTE
FACILITY NUMBER: 304371685
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/28/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
01/31/2025
Section Cited
CCR
101216.3
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Teacher child Ratio-(a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, This requirement was not met as evidenced by: statement of S4, S8, and S15 confirming an aid was supervising few children in one room for 10 minutes on one occasion, S6, and S7
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The director agreed to send an acknowledgement statement with all the staffs’ signatures that they are aware of this requirement and will comply with this section of the regulations.
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 confirmed S6 left a preschool room with 16-17 children under S7 supervision for a few minutes to assist a parent one time. S8, S11, and S15 reported hearing staff requesting assistance over walkie-talkies for being out of ratio. This is a potential risk to the health and safety of children in care.
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The acknowledgement statement will be sent to LPA’s email address by the due date of 1/31/2025.
Type B
01/31/2025
Section Cited
CCR
101223(a)(1)
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(a) The licensee shall ensure that each child is accorded(1) dignity in his/her personal relationships with staff and other persons. This requirement was not met as evidenced by interviewing staff that S1 admitted raising their voice in frustration when addressing a staff's mistake in the presence of younger
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The director agreed to send an acknowledgement statement with all the staffs’ signatures that they are aware of this requirement and will comply with this section of the regulations. The acknowledgement
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children. S2, S3, and S4 witnessed or heard S1 raising their voice at staff, including one instance during parent drop-off and another while younger children were napping. S5 and S8 confirmed hearing S1 yell at a staff member in the presence of younger children and parents. This is a potential risk to the health and safety of children in care.
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statement will be sent o LPA’s email address by the due date of 1/31/2025.
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: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 01/28/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 8
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
12/11/2024 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20241211135553

FACILITY NAME:MONTESSORI SCHOOL OF SAN CLEMENTEFACILITY NUMBER:
304371685
ADMINISTRATOR:GJERTSON, MICHELLEFACILITY TYPE:
860
ADDRESS:1141 PUERTA DEL SOLTELEPHONE:
(949) 276-4160
CITY:SAN CLEMENTESTATE: CAZIP CODE:
92673
CAPACITY:189CENSUS: 96DATE:
01/28/2025
UNANNOUNCEDTIME BEGAN:
01:35 PM
MET WITH:DirectorTIME COMPLETED:
04:15 PM
ALLEGATION(S):
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Staff do not follow proper signs of illness protocols regarding day care children in care.
INVESTIGATION FINDINGS:
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Page 1 of 4
Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation regarding the above allegations. This is a follow up for the visit conducted on 12/18/2024. LPA met with Director, Michelle Gjertson, and licensee Jessy Wang. There was a total of 96 children with a total of 14 staff in 8 different classroom. The teacher child ratio was as below: 3/7 in Infant 1, 2/12 napping children in Infant 2, 1/10 napping toddlers (TO) in Room 3, 1/12 napping preschoolers (PS) in Room 5, 2/14 PS in Room 7, 3/18 PS in Room 9, 1/11 PS in Room 11, 1/12 PS in Room 12. Rooms 6, 8, and 10 were not in use.

A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.
On 12/11/2024, the Orange County Childcare Office received a complaint alleging “Staff do not follow proper signs of illness protocols regarding day care children in care.
Continued on page 2
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 01/28/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2025
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 8
Control Number 06-CC-20241211135553
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: MONTESSORI SCHOOL OF SAN CLEMENTE
FACILITY NUMBER: 304371685
VISIT DATE: 01/28/2025
NARRATIVE
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The Reporting Party (RP) stated the facility staff picks and chooses what kids to send home with fever. There have been multiple children with a temperature of 100.4 or higher, and the facility states they are OK. The reporting party stated the policy is not consistent for all the children.

During the course of investigation, LPA interviewed 19 staff who work at this childcare facility in different rooms. LPA also contacted 10 parents randomly. Children were not interviewed due to the nature of the complaint allegation. Staff who were interviewed stated the following regarding the above allegation.
Staff # 1 (S1) stated the school sick policy is children with fever 100.4 F Degrees and higher will be sent home. Sometimes there are discrepancies with the thermometers. Staff notifies the management when a child has fever. When management takes the child’s temperature, child does not have any temperature, so that child is not sent home. Management asks for other symptoms child might have. Sometimes a child is teething or has allergies. It depends on the situation. The child’s situation shall be assessed. Of course, they will be sent home if they have fever of 100.4 and higher. Everyone is following school policy according to our parents' handbook specially the sick policy.
Staff # 2 stated children with fever of 101 F Degrees are sent home. Sometimes the management do not follow the sick policy. They say the digitalis thermometers are not that accurate. The forehead thermometer is used. The management shall decide. Sometimes management states staff have to wait.
Staff # 3 stated children are sent home with the fever of 100.4 F Degrees. The front office staff will be notified when a child is not feeling well. Children’s temperature is taken again. Facility follows the sick policy. Sometimes children have clear runny nose with no fever. It is the management's decision to send home or not. School policy is followed.
Staff # 4 stated children with the temperature of 100.3 F. Degrees and higher are sent home. A thermometer on the forehead is used. Sometimes they are not accurate. School policy is followed.
Staff # 5 stated fever in children is on a case by case. Children with fever of 100.4 F. Degrees will be sent home. We use the digital thermometer on children. Sometimes they are not accurate. Sometimes it shows higher, and when is taken again after few minutes, it shows lower. Sometimes it is due to teething. The management come in the room and double check for final decision. They follow the school policy.
Staff # 6 stated We do follow the sick policy. We let the management know and they take care of it if the child needs to be sent home.
Continued on page 3
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 01/28/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2025
LIC9099 (FAS) - (06/04)
Page: 6 of 8
Control Number 06-CC-20241211135553
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: MONTESSORI SCHOOL OF SAN CLEMENTE
FACILITY NUMBER: 304371685
VISIT DATE: 01/28/2025
NARRATIVE
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Staff # 7 stated when a child has temperature, the office staff come and take the child's temperature and send the child home if the fever is 100.4 F. Degrees or higher. Management decides on that. They follow the school policy.
Staff #8 stated the policy is not for everyone. Management decides who goes home and who doesn't. They sent a child with fever few days ago and child is not back yet.
Staff #9 stated when there is a sick child in our group, management team is called, so they come and do a final check on the child. Children with fever of 100.4 F. Degrees and higher are sent home according to school policy. We notify management. The management follow the school policy.
Staff # 10 stated they check children's temperature if they don't feel well and their temperature shows 99 F. Degrees and higher, administrator is called. They come and check the temperature of the child again. Sometimes they say keep an eye and monitor the temperature due to some discrepancies in the digital thermometer. The management calls the parents to pick up their child. The policy is strict and are followed.
Staff # 11 stated the management is very strict about the school policy and they follow them.
Staff # 12 stated staff in the classrooms call the front office and inform them when a child is sick. Front office staff take temperature and ask questions of staff if the child was fussy? eating well? sleeping well? For sure child with temperature of 100.4 and higher is sent home. If no temperature, the child is monitored. Parents will be informed anyhow. They should be 24 hours free of fever when they come back to school if they sent home with fever. Sometimes it is required a doctor's not. It depends on the situation.
Staff # 13 stated If a child gets sick, administrator will be notified. They will come and take the child's temperature and they follow the school's policy. If the fever is over 100, they will send the child home. The school has a strict policy about sick children.
Staff # 14 stated in the preschool when children become sick, we notify the office, and they will come and take the child's temperature. It depends if fever and fussy, management will call the parents, so the child is picked up. Normally if the temperature is over 101, management will send children home. The school follows their policy.
Staff # 15 stated the management follow the policy and sick children are sent home. It is the management's decision the child to be sent or not to be sent home.
Staff # 16 stated children with fever of 100.4 and above are sent home. Management is called and they take care of the issue. They follow the school policy. Children stay home the next day when sent home with fever. Continued on page 4
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 01/28/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2025
LIC9099 (FAS) - (06/04)
Page: 7 of 8
Control Number 06-CC-20241211135553
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: MONTESSORI SCHOOL OF SAN CLEMENTE
FACILITY NUMBER: 304371685
VISIT DATE: 01/28/2025
NARRATIVE
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Staff # 17 stated children with fever of 100.4 and higher are sent home. Parents are called and they come and pick them up their children. The school follows the school policy.
Staff # 18 stated that the management send children home with fever of 100 and over. Sometimes the digital thermometer does not read it accurately. The management states to wait for few minutes and they do it again. They follow the school policy.
Staff # 19 stated children with fever of 100.4 and over are sent home. When children wake up, their temperature is still warm from napping. Management needs to assess the situation. Management takes the temperature again. If a child's temperature is 98.7. They should wait a little bit. They take the temperature again. Parent will be called in anyway. Parents are kept updated. Staff are advised to wait a little bit. If children are sent home with fever, they have to be 24 hours free of fever when they return.

LPA also reviewed the sick policy of the school and realized that children with fever of 100.4 F and above are sent home and they must be free from fever for 24 hours. Per the staff interviews, LPA learned that the staff are aware of children’s sick policy of their school. However, there is discrepancies in staffs’ statements. Based on the interviews with 19 staff, 10 random parents of whom 2 expressed no concerns regarding the above allegation, there is no evidence or documents to support the allegation. This agency has investigated the complaint alleging “Staff do not follow proper signs of illness protocols regarding day care children in care”., although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED.

Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. In the areas which were investigated, no deficiency was cited today. The director, Michelle Gjertson was provided a copy of their appeal rights (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted with director, Michelle Gjertson.

End of report.
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 01/28/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2025
LIC9099 (FAS) - (06/04)
Page: 8 of 8