334844579-4-20-2022-09-CC-KWIS-CDY4FB-20220429190341

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 334844579
Report Date: 04/08/2022
Date Signed: 04/20/2022 09:34:34 AM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

This is an official report of an unannounced visit/investigation of a complaint received in our office on
01/31/2022 and conducted by Evaluator Laura Mejorado

COMPLAINT CONTROL NUMBER: 09-CC-20220131143549

FACILITY NAME:	MONTY'S MONTESSORI ACADEMY OF CALIMESA		FACILITY NUMBER:	334844579
ADMINISTRATOR:	GARCIA, MONIQUE		FACILITY TYPE:	850
ADDRESS:	9580 CALIMESA BLVD		TELEPHONE:	(909) 795-2472
CITY:	CALIMESA	STATE: CA	ZIP CODE:	92320
CAPACITY:	54	CENSUS: 33	DATE:	04/08/2022
		UNANNOUNCED	TIME BEGAN:	11:39 AM
MET WITH:	Monique Garcia		TIME COMPLETED:	12:15 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Personal Rights - Staff used an inappropriate form of discipline.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

**** This is an amended report from the complaint investigation conducted on 04/08/2022. Changes have been made to the LIC9099, LIC9099Cs and LIC9099D, however there are no changes to the Substantiated findings. ****

On 04/08/2022, Licensing Program Analysts (LPAs) Laura Mejorado and Aman Sharma conducted an unannounced complaint inspection to deliver the findings of the above complaint allegation. A 10-day inspection was initiated by LPA Destinee Hogue on 02/16/2022. During the initial inspection, LPA Hogue interviewed pertinent parties, reviewed records, conducted facility observations and met with Director Monique Garcia. During today’s inspection the following was discussed:

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Kimberly Williams
LICENSING EVALUATOR NAME: Laura Mejorado
LICENSING EVALUATOR SIGNATURE:	DATE: 04/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/20/2022

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 4

Control Number 09-CC-20220131143549

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: MONTY'S MONTESSORI ACADEMY OF CALIMESA	FACILITY NUMBER: 334844579
	VISIT DATE: 04/08/2022

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

It is reported, on an unknown date and time during the week of November 8, 2021-November 12, 2021 a child(ren) was being disruptive in class and taken to Director Monique’s office by the supervising teacher. According to reported information, staff members made different attempts to calm the child(ren) down; however, the child(ren) would not calm down. After attempts were made to calm the child(ren) down, a loud noise (sound of an alarm) was heard coming from a staff member(s) office. According to the reported information, the child(ren) is sensitive to loud noises and the sound of the alarm caused the child(ren) to have an accident on themselves.

LPA Hogue investigated the above allegation and gathered the following information throughout this investigation. LPA Hogue interviewed pertinent parties and it was disclosed that some staff members have an alarm on their key ring which is called a “Birdie Alarm.” A “Birdie Alarm” is a device used for personal safety and makes the sound of an alarm with a flashing strobe light to deter a personal attack. According to interview disclosures, some staff members have this alarm on their personal car key ring or facility key ring. According to interviews, on more than one occasion a staff member has heard the “Birdie Alarm” being used by another staff member to alter or modify a child(ren)’s behavior who was disruptive in the classroom. Interview disclosures stated that the child(ren) was sensitive to noise and staff members at the facility were aware of the child(ren)’s sensitivity to noise. On an unknown date and time, interviews disclosed that a child(ren) had an accident while present in a staff member(s) office; however, there was no disclosure that the alarm was the cause of the child(ren) having an accident.

LPA Hogue interviewed the suspected staff member(s) and it was disclosed that a child(ren) would think it was fun to pull on a “Birdie Alarm” to make the sound of the alarm go off. According to the staff member(s), the child(ren) would initiate the sound of the alarm, then would cover his/her ears after the alarm was pulled or would make a statement saying, “I don’t like the alarm.” The staff member(s) disclosed that he/she has pulled the “Birdie Alarm” in front of children in the classroom; however, the staff member(s) denies pulling the alarm on one specific child(ren) or to alter or modify a child(ren)’s behavior.

Although staff member(s) deny using the “Birdie Alarm” to alter or modify a child(ren)’s behavior, facility staff had knowledge a child(ren) was sensitive to loud noises. Staff member(s) admitted to using the alarm in the presence of the child(ren) with knowledge the sound of the “Birdie Alarm” caused the child(ren) to notify staff members that he/she did not like the sound of the alarm and/or caused the child(ren) to cover his/her ears when the alarm was pulled. Therefore, based on reported information, interviews with pertinent parties, and records reviewed, the Department has determined the preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED.

SUPERVISORS NAME: Kimberly Williams
LICENSING EVALUATOR NAME: Laura Mejorado
LICENSING EVALUATOR SIGNATURE:	DATE: 04/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/20/2022

LIC9099 (FAS) - (06/04)

Page: 4 of 4

Control Number 09-CC-20220131143549

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: MONTY'S MONTESSORI ACADEMY OF CALIMESA	FACILITY NUMBER: 334844579
	VISIT DATE: 04/08/2022

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

LPAs informed Director Monique Garcia that this report dated 04/08/2022 document(s) (x1) Type A citation which shall be posted for 30 consecutive days as there is immediate risk to the health, safety, or personal rights of children in care.

Also, LPAs informed the Director Monique Garcia to provide a copy of this licensing report dated 04/08/2022 that documents any Type A citation(s) 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.

A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Exit interview conducted and report was reviewed with the Director Monique Garcia.

SUPERVISORS NAME: Kimberly Williams
LICENSING EVALUATOR NAME: Laura Mejorado
LICENSING EVALUATOR SIGNATURE:	DATE: 04/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/20/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 09-CC-20220131143549

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: MONTY'S MONTESSORI ACADEMY OF CALIMESA	FACILITY NUMBER: 334844579
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/08/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 04/11/2022 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	Personal Rights. (a) The licensee shall ensure that each child is accorded the following personal rights: (3) To be free from corporal or unusual punishment…or other actions of a punitive nature including but not limited to: interference with functions of daily living…aids to physical functioning.	1 2 3 4 5 6 7	Immediately (within 24 hours), the Director agrees to review the Department’s website for resources related to “Dealing with Challenging Behaviors in Children.” The Director agrees to visit the following website: https://preventingchildcareexpulsionca.org/
	8 9 10 11 12 13 14	Based on reported information and interviews with pertinent parties, staff members had knowledge that this child was sensitive to sound and although the suspected staff member denies using the alarm to alter the child’s behavior, the involved child expressed to staff that he/she did not like the sound of a safety alarm; therefore, this poses an immediate health, safety, and personal rights risk to children in care.	8 9 10 11 12 13 14	and provide a written statement summarizing the information and resources outlined on the website. Written statement shall include a detailed plan of action explaining how the Director and staff will support children with challenging behaviors. The Director agrees to submit written statement by 04/11/2022.
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Kimberly Williams
LICENSING EVALUATOR NAME: Laura Mejorado
LICENSING EVALUATOR SIGNATURE:	DATE: 04/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/20/2022

LIC9099 (FAS) - (06/04)

Page: 3 of 4