010208784-8-18-2023-02-CC-SJON-CW57ZR-20230928220647

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 010208784
Report Date: 08/18/2023
Date Signed: 08/18/2023 01:57:06 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, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/24/2023 and conducted by Evaluator Monica Mathur

PUBLIC

COMPLAINT CONTROL NUMBER: 02-CC-20230724110700

FACILITY NAME:	MOUNTAIN BOULEVARD MONTESSORI SCHOOL		FACILITY NUMBER:	010208784
ADMINISTRATOR:	WANKEN, DENNIS		FACILITY TYPE:	850
ADDRESS:	4432 MOUNTAIN BOULEVARD		TELEPHONE:	(510) 482-2850
CITY:	OAKLAND	STATE: CA	ZIP CODE:	94619
CAPACITY:	45	CENSUS: 32	DATE:	08/18/2023
		UNANNOUNCED	TIME BEGAN:	01:00 PM
MET WITH:	Dennis Wanken		TIME COMPLETED:	02:00 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Admission Procedures and Parent/Authorized Representative's Rights: Staff are not allowing parents to enter the facility during daycare hours.

INVESTIGATION FINDINGS:

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

On 8/18/23 Licensing Program Analyst (LPAs) Monica Mathur and Randall Dunevant conducted an unannounced Subsequent Complaint Investigation at Mountain Boulevard Montessori School and met with Program Director/Licensee, Dennis Wanken and explained purpose of investigation. Complainant alleges that staff are not allowing parents to enter the facility during daycare hours. During course of investigation LPA conducted facility inspection, observations, record review, interviews and obtained documents.

It was determined that parents of enrolled children are denied entry into the facility. Facility states to parents that COVID restrictions are being followed. Parents are required to drop off and pick up children outside the main gate. A staff member present at the gate assists and sends children to their classroom. The gate is kept locked from inside during the day and if staff is not present, a sign posted at the gate directs visitors to call the facility phone. Parents expressed frustration about not being able to see their children participating in indoor/outdoor activities. A parent who recently requested to be let in, was denied entry. Staff stated they direct parents to contact the Licensee with such requests. Based on information and evidence obtained, Licensee failed to comply with Health & Safety Code 1596.857(a) which is a violation of parents rights and poses a potential risk to health and safety of children in care.
continued on 9099-C
.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Sherelle Johnson	TELEPHONE: (510) 622-2592
LICENSING EVALUATOR NAME: Monica Mathur	TELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:	DATE: 08/18/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/18/2023

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 3

Control Number 02-CC-20230724110700

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: MOUNTAIN BOULEVARD MONTESSORI SCHOOL	FACILITY NUMBER: 010208784
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 08/18/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Request Denied Type B 08/25/2023 Section Cited HSC 1596.857(a)	1 2 3 4 5 6 7	Heath & Safety Code 1596.857: (a) Upon presentation of identification, the responsible parent or guardian of a child receiving services in a child day care facility has the right to enter and inspect the facility without advance notice during the normal operating hours of the facility or at any time that the child is receiving services in the facility. Parents or guardians when inspecting shall be respectful of the children's routines and programmed activities. The facility shall inform parents and guardians of children receiving services in the facility of the right of the parents and guardians to inspect the facility pursuant to this section. This requirement is not met:	1 2 3 4 5 6 7	Licensee agreed to communicate with all enrolled parents to allow requests to enter facility without advance notice during normal operating hours of the facility or at any time that the child is receiving services in the facility. 2. By Due Date 8/25/23 locks/latch to be altered or a keypad system installed at the gate to allow parents access to open gate from outside.
	8 9 10 11 12 13 14	Per investigation, parents are denied entry into the facility. Facility cites COVID restrictions being followed. Children are dropped off and picked up outside the main gate.Gate is kept locked from inside during the day , a sign posted directs visitors to call the facility phone. This poses a potential risk to heath/safety of children in care.	8 9 10 11 12 13 14	3. By Due Date 8/25/23 provide a copy of Notification of Parents Rights LIC995 to all parents, acknowledgment receipt to be signed, dated by parent and kept in each child’s file.
	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.

SUPERVISOR'S NAME: Sherelle Johnson	TELEPHONE: (510) 622-2592
LICENSING EVALUATOR NAME: Monica Mathur	TELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:	DATE: 08/18/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/18/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 02-CC-20230724110700

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: MOUNTAIN BOULEVARD MONTESSORI SCHOOL	FACILITY NUMBER: 010208784
	VISIT DATE: 08/18/2023

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

Based on the interviews and information obtained throughout the investigation, the preponderance of evidence standard has been met. Therefore, the allegation is SUBSTANTIATED. Heath & Safety Code is being cited on 9099-D page. LPA provided a copy of Governor Newsom’s Proclamation dated February 2023 and Notification of Parents Rights LIC995.

Exit interview was conducted with Program Director/Licensee, Dennis Wanken. A NOTICE OF SITE VISIT WAS ISSUED AND MUST BE POSTED FOR 30 DAYS.

Health & Safety Code 1596.857 Rights of parent or guardian to inspect facility without advance notice; informing parents and guardians; prohibition of retaliation; violations; penalty; family childcare home notification of parent rights; registered sex offenders
(a) Upon presentation of identification, the responsible parent or guardian of a child receiving services in a child day care facility has the right to enter and inspect the facility without advance notice during the normal operating hours of the facility or at any time that the child is receiving services in the facility. Parents or guardians when inspecting shall be respectful of the children's routines and programmed activities. The facility shall inform parents and guardians of children receiving services in the facility of the right of the parents and guardians to inspect the facility pursuant to this section.

SUPERVISOR'S NAME: Sherelle Johnson	TELEPHONE: (510) 622-2592
LICENSING EVALUATOR NAME: Monica Mathur	TELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:	DATE: 08/18/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/18/2023

LIC9099 (FAS) - (06/04)

Page: 3 of 3