198020599-8-2-2023-33-CC-ACHO-CURURM-20230816154858

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198020599
Report Date: 08/02/2023
Date Signed: 08/02/2023 11:24:36 AM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/10/2023 and conducted by Evaluator Jennifer Hua

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20230710080556

FACILITY NAME:	MAGNOLIA PROGRESSIVE MONTESSORI		FACILITY NUMBER:	198020599
ADMINISTRATOR:	THUSHARA J. DESILVA		FACILITY TYPE:	850
ADDRESS:	3201 S. BREA CANYON ROAD		TELEPHONE:	(909) 444-4649
CITY:	DIAMOND BAR	STATE: CA	ZIP CODE:	91765
CAPACITY:	65	CENSUS: 25	DATE:	08/02/2023
		UNANNOUNCED	TIME BEGAN:	10:00 AM
MET WITH:	Mari Espino (Yambao) & Thushara DeSilva		TIME COMPLETED:	11:30 AM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Staff do not prevent day care children from being injured by another child in care

INVESTIGATION FINDINGS:

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

This complaint inspection was conducted by Licensing Program Analyst (LPA) Jennifer Hua who met with Mari Espino, Assistant Director for the purpose of providing the finding for the above pending allegation. A Covid-19 risk assessment was conducted. Assistant Director took LPA on a tour of the facility and the following were observed: 25 children with 4 staff members. Director Thushara Desilva arrived at 10:26am

During the course, of the investigation, interviews were conducted with Director, day-care staff, children, and reporting party (RP).

It was alleged that a child at the facility has been bullying children and hitting them non-stop. This has been happening since February or March and nothing is being done.

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Jennifer Hua
LICENSING EVALUATOR SIGNATURE:	DATE: 08/02/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/02/2023

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 5

Control Number 33-CC-20230710080556

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: MAGNOLIA PROGRESSIVE MONTESSORI	FACILITY NUMBER: 198020599
	VISIT DATE: 08/02/2023

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

RP stated that this was addressed with the director and staff countless times, but nothing is being done. RP also stated another incident occurred recently that the child pushed another child on the neck.

Director confirmed that it has been mentioned that C1 has hit and pushed children several times and that C1 is receiving therapy from outside source. Director stated that a parent has reported their concern. According to director, efforts are made to prevent C1 from violating the personal right of other children, however, there is no written plan in place to follow nor are ongoing incidents between children being documented. Furthermore, C1 has been evaluated and it was determined that occupational therapy services are not recommended at this time.

Interviews found that although staff is available and aware of C1s aggressive behavior, children’s personal rights are still being violated.

Staff 1(S1) confirmed that child 1 (C1) has pushed children often before (once a day), but incidents have reduced to 2-3 times per week. S1 also stated that they keep a close eye on child.

Staff 2 (S2) stated that C1 has pushed and hit other children many times. The most recent incident occurred recently where C! grabbed another child from the neck and pushed child down before S2 intervened. S2 stated that they constantly supervise C1 and do their best to prevent.

Staff 3(S3) confirmed that C1 will hit and pushed other children when they are in their space or take a toy from them.

SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Jennifer Hua
LICENSING EVALUATOR SIGNATURE:	DATE: 08/02/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/02/2023

LIC9099 (FAS) - (06/04)

Page: 4 of 5

Control Number 33-CC-20230710080556

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: MAGNOLIA PROGRESSIVE MONTESSORI	FACILITY NUMBER: 198020599
	VISIT DATE: 08/02/2023

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

Staff 4(S4) stated that in the past, C1 has hit and pushed other children but is not aware of any recent incidents.

Child 2 (C2) stated that C1 hits them, and 2 other children and teacher say no.

Child 3 (C3) stated that C1 will fight sometimes and sometimes will hit and teacher will put C1 on timeout.

Child 4 (C4) stated that C1 has not done anything that is not nice.

Based on the above, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is unsubstantiated.

An exit interview conducted with director Thushara DeSilva. Copy of report provided and Notice of Site Visit provided and shall be posted for 30 days in an area accessible for review.

SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Jennifer Hua
LICENSING EVALUATOR SIGNATURE:	DATE: 08/02/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/02/2023

LIC9099 (FAS) - (06/04)

Page: 5 of 5