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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 313624805
Report Date: 10/02/2024
Date Signed: 10/02/2024 04:01:53 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/14/2024 and conducted by Evaluator Matthew Gallo
PUBLIC
COMPLAINT CONTROL NUMBER: 03-CC-20240814112626
FACILITY NAME:STERLING & BAMBINI MONTESSORIFACILITY NUMBER:
313624805
ADMINISTRATOR:JUAN PAOLO SARMIENTOFACILITY TYPE:
860
ADDRESS:801 STERLING PARKWAY, STE 120TELEPHONE:
(650) 430-2037
CITY:LINCOLNSTATE: CAZIP CODE:
95648
CAPACITY:24CENSUS: 9DATE:
10/02/2024
UNANNOUNCEDTIME BEGAN:
08:50 AM
MET WITH:Paolo SarmientoTIME COMPLETED:
04:00 PM
ALLEGATION(S):
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9
Facility allowed unqualified staff to provide care and supervision to daycare children
Facility was operating out of ratio
INVESTIGATION FINDINGS:
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At 8:50am on 10/2/2024, Licensing Program Analyst (LPA) Matthew Gallo met with facility representative Paolo Sarmiento for the purpose of closing a complaint investigation into the above allegations. During the visit, LPA observed a total census of 9 children consisting of 5 infants and 4 toddlers.

Throughout the course of the investigation, LPA conducted observation, record review, and interviews with staff and parents regarding the following allegations:

(1) Facility allowed unqualified staff to provide care and supervision to daycare children

It was alleged that staff who did not meet the qualifications of a teacher were left alone to supervise children. Through interviews, LPA identified separate incidents in which two different staff members were left supervising children alone. (Report continues on 9099-C)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Seychelle De Luca
LICENSING EVALUATOR NAME: Matthew Gallo
LICENSING EVALUATOR SIGNATURE:

DATE: 10/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/02/2024
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 5
Control Number 03-CC-20240814112626
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827
FACILITY NAME: STERLING & BAMBINI MONTESSORI
FACILITY NUMBER: 313624805
VISIT DATE: 10/02/2024
NARRATIVE
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Interviews with the two staff members and a review of their facility records revealed that they had not completed the early childhood education units required to qualify as a teacher. The staff members were therefore aides unqualified to be supervising children alone. The preponderance of evidence standard has been met; therefore, this allegation is SUBSTANTIATED.

(2) Facility was operating out of ratio

It was alleged that the facility was operating out of ratio. Through interview and record review, LPA identified the incidents described above in which aides were left alone to supervise children without the presence of a qualified teacher. Due to the absence of a teacher, the facility did not meet the required ratio of teacher to children in attendance. The preponderance of standard evidence has been met; therefore, this allegation is SUBSTANTIATED.

Title 22 deficiencies are cited on the accompanying 9099-D.

Licensee acknowledges, that FOR TYPE A DEFICIENCIES ONLY upon receipt, licensee shall post LIC 9099D with Type A deficiencies for 30 days and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. LIC 9224 must be signed by parents/guardians and kept with the children's forms as a receipt whenever any Type A documents are provided by the licensee. LIC 9224 and Appeal Rights were provided.

Exit interview conducted and report was reviewed with the facility representative, Paolo Sarmiento. A notice of site visit was given and must remain posted for 30 days.

SUPERVISORS NAME: Seychelle De Luca
LICENSING EVALUATOR NAME: Matthew Gallo
LICENSING EVALUATOR SIGNATURE:

DATE: 10/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/02/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/14/2024 and conducted by Evaluator Matthew Gallo
COMPLAINT CONTROL NUMBER: 03-CC-20240814112626

FACILITY NAME:STERLING & BAMBINI MONTESSORIFACILITY NUMBER:
313624805
ADMINISTRATOR:JUAN PAOLO SARMIENTOFACILITY TYPE:
860
ADDRESS:801 STERLING PARKWAY, STE 120TELEPHONE:
(650) 430-2037
CITY:LINCOLNSTATE: CAZIP CODE:
95648
CAPACITY:24CENSUS: 9DATE:
10/02/2024
UNANNOUNCEDTIME BEGAN:
08:50 AM
MET WITH:Paolo SarmientoTIME COMPLETED:
04:00 PM
ALLEGATION(S):
1
2
3
4
5
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7
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9
Staff left day care child unsupervised
Staff did not ensure medication was stored inaccessible to children
Staff did not obtain parent consent for the administration of medication to day care child
INVESTIGATION FINDINGS:
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At 8:50am on 10/2/2024, Licensing Program Analyst (LPA) Matthew Gallo met with the director Paolo Sarmiento for the purpose of closing a complaint investigation into the above allegations. Today's observed total census included 9 children consisting of 5 infants and 4 toddlers.

Throughout the course of the investigation, LPA conducted observation, record review, and interviews with staff and parents regarding the following allegations:

(1) Staff left day care child unsupervised

It was alleged that facility staff left a day care child unsupervised in a highchair to come to the facility entrance and allow parents inside. Interviews with parents and staff did not produce corroborating evidence to support the allegation that children were left alone in a classroom without staff present. During the time that LPA was present in the facility during visits, he did not observe children being left alone at any time. (Report continues on 9099-C)
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Seychelle De Luca
LICENSING EVALUATOR NAME: Matthew Gallo
LICENSING EVALUATOR SIGNATURE:

DATE: 10/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/02/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 03-CC-20240814112626
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827
FACILITY NAME: STERLING & BAMBINI MONTESSORI
FACILITY NUMBER: 313624805
VISIT DATE: 10/02/2024
NARRATIVE
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Based on the available evidence, the finding for the above allegation is UNSUBSTANTIATED, meaning that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove it.

(2) Staff did not ensure medication was stored inaccessible to children

It was alleged that staff did not ensure medication was stored inaccessibly to children in the case of diaper cream being kept in a backpack that was reachable by children. During an initial and subsequent visit, LPA did not observe diaper cream being kept in backpacks accessible to children. Staff interviews did not produce evidence that staff was aware diaper cream was being stored in backpacks, and parent interviews similarly did not produce additional support for the allegation. Based on the available evidence, the finding for the above allegation is UNSUBSTANTIATED, meaning that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove it.

(3) Staff did not obtain parent consent for the administration of medication to day care child

It was alleged that staff did not obtain parent consent for the administration of diaper cream medication. Record review during LPA’s initial visit on 8/20/2024 provided evidence that the facility does request and keep on file the LIC9221 Parent Consent for Administration of Medications form for children using diaper cream. All staff interviewed displayed knowledge that this form needed to be signed prior to administering medication, and interviews with parents indicated that parents were being asked for this form as a condition of administering medication. Based on the available evidence, the finding for the above allegation is UNSUBSTANTIATED, meaning that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove it.

Exit interview conducted and report was reviewed with the facility representative, Paolo Sarmiento. A notice of site visit was given and must remain posted for 30 days. Appeal rights were provided.

SUPERVISORS NAME: Seychelle De Luca
LICENSING EVALUATOR NAME: Matthew Gallo
LICENSING EVALUATOR SIGNATURE:

DATE: 10/02/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/02/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 03-CC-20240814112626
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SACRAMENTO CC RO, 9835 GOETHE ROAD, SUITE 100
SACRAMENTO, CA 95827

FACILITY NAME: STERLING & BAMBINI MONTESSORI
FACILITY NUMBER: 313624805
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/02/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
10/03/2024
Section Cited
CCR
101216.2(e)
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101216.2(e) An aide shall work only under the direct supervision of a teacher.

This requirement was not met as evidenced by:
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Director will provide staff schedule for the rest of the week by the POC due date. LPA will make a return visit to ensure compliance.
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Based on interview and record review, the licensee did not comply with the section cited above due to incidents in which two different aides were left alone providing care to children. This poses an immediate health, safety, or personal rights risk to persons in care.
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Request Denied
Type A
10/03/2024
Section Cited
CCR
101416.5(b)
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101416.5(b) There shall be a ratio of one teacher for every four infants in attendance.

This requirement was not met as evidenced by:
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Director will provide staff schedule for the rest of the week by the POC due date. LPA will make a return visit to ensure compliance.
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Based on interview and record review, the licensee did not comply with the section cited above due to separate incidents in which two different aides were left alone with children without the presence of a qualified teacher. This poses an immediate health, safety, or personal rights risk to persons 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: Seychelle De Luca
LICENSING EVALUATOR NAME: Matthew Gallo
LICENSING EVALUATOR SIGNATURE:

DATE: 10/02/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/02/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 5