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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 300606452
Report Date: 06/23/2022
Date Signed: 06/23/2022 11:04:03 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, 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
06/13/2022 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20220613154602
FACILITY NAME:APPLETREE MONTESSORIFACILITY NUMBER:
300606452
ADMINISTRATOR:KELLY, ANTONIAFACILITY TYPE:
850
ADDRESS:25542 JERONIMO RDTELEPHONE:
(949) 770-2707
CITY:MISSION VIEJOSTATE: CAZIP CODE:
92691
CAPACITY:83CENSUS: 42DATE:
06/23/2022
UNANNOUNCEDTIME BEGAN:
10:30 AM
MET WITH:Director, Toni KellyTIME COMPLETED:
11:30 AM
ALLEGATION(S):
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Staff yells at day care children.
INVESTIGATION FINDINGS:
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Page 1 of 2
Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted an onsite investigation for the purpose of following up the investigation which started on 6/17/22 regarding the above allegation. LPA met with director, Toni Kelly. The Covid-19 Emergency Response questionnaire was reviewed and answered. There were a total of 42 preschool children and 8 staff including 16 toddlers with 4 staff from Toddler Option Program were present at the facility. Due to COVID 19 guidelines, LPA observed the facility was following CDC and Dept of Public Health Guidelines 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.
Orange County Regional Office received an anonymous report on 6/13/22. According to report, staff # 1 has been yelling at the children. The report stated when children have potty accidents, staff # 1 yells at them and they shake. It was reported staff # 1 also yelled at a 20 months old child to lay down at nap time on 6/17/22. The facility representative also self reported this incident to Regional Office.
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 06/23/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2022
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 5
Control Number 06-CC-20220613154602
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: APPLETREE MONTESSORI
FACILITY NUMBER: 300606452
VISIT DATE: 06/23/2022
NARRATIVE
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Page 2 of 2

On 6/17/2022 LPA interviewed 8 staff regarding the above allegation. Later, LPA interviewed additional 4 staff who were not available on that day. LPA attempted to interview staff # 1.

During the course of interviews, the school administrators, stated staff # 1 denied the above allegation. The school administrators stated that they heard staff #1 using loud voice on the playground and they consulted her for her tone of voice. The administrators stated staff # 1 never yelled at children to shame them. They said they re-directed staff # 1 to talk to children in positive phrases instead of telling them "No. The administrators stated they took action against staff # 1 after school's internal investigation.
During the course of interviews with staff, one staff stated staff # 1's tone of voice is very firm and not nice and scares the kids. One other staff stated staff # 1 has a stern tone of voice but not raised voice, children would slightly be intimidated. Another staff stated staff #1 has a loud, stern voice. If a child has a potty accident, she would say "you need to tell me before" but not scolding at them for that reason. One staff stated she did not witness staff # 1 yelling at children in a mean manner. Another staff did not witness any yelling. One other staff stated she has observed staff # 1 raising her voice time to time but not screaming at children, and the children would not be scared of staff # 1 or shy away. Another staff stated staff # 1 is strict with children but not yelling at them. Another staff stated she has not heard staff # 1 yell at children or children get scared when they have potty accident. Another staff stated staff # 1 is strict with children and yells at them. She is not sure if children were afraid of her. LPA did not interview children for this allegation due to the age of children being too young for interview.

Based on the interviews conducted with a total of 12 staff, there were discrepancies among the staffs' statements regarding above allegation. Therefore there is not enough proof or evidence to support the occurrence of the allegation. This agency has investigated the complaint alleging "Staff yells at day care children."; 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. 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. The director was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted with director, Toni Kelly.
End of report.
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 06/23/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2022
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
CCLD Regional Office, 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
06/13/2022 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20220613154602

FACILITY NAME:APPLETREE MONTESSORIFACILITY NUMBER:
300606452
ADMINISTRATOR:KELLY, ANTONIAFACILITY TYPE:
850
ADDRESS:25542 JERONIMO RDTELEPHONE:
(949) 770-2707
CITY:MISSION VIEJOSTATE: CAZIP CODE:
92691
CAPACITY:71CENSUS: 42DATE:
06/23/2022
UNANNOUNCEDTIME BEGAN:
10:30 AM
MET WITH:Director, Toni KellyTIME COMPLETED:
11:30 AM
ALLEGATION(S):
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9
Staff handled day care child in a rough manner.
INVESTIGATION FINDINGS:
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Page 1 of 1
Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted an onsite investigation for the purpose of following up the investigation which started on 6/17/22 regarding the above allegation. LPA met with director, Toni Kelly. The Covid-19 Emergency Response questionnaire was reviewed and answered. There were a total of 42 preschool children and 8 staff including 16 toddlers with 4 staff from Toddler Option Program were present at the facility. Due to COVID 19 guidelines, LPA observed the facility was following CDC and Dept of Public Health Guidelines 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.
Orange County Regional Office received an anonymous report on 6/13/22. According to report, on June 7, 2022, staff # 1 was observed grabbing a 20 months old child, aggressively to put the child down on the cot and was grabbing the child by child's cheek . It is unknown if the child acquired any marks, bruises or
Continued on page 2
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 06/23/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2022
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 06-CC-20220613154602
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: APPLETREE MONTESSORI
FACILITY NUMBER: 300606452
VISIT DATE: 06/23/2022
NARRATIVE
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Page 2 of 2

injuries from being grabbed. The facility representative also self reported this incident to Regional Office.
On 6/17/2022 LPA interviewed 8 staff regarding the above allegation. Later, LPA interviewed additional 4 staff who were not available on that day. LPA attempted to interview staff # 1. LPA obtained police report for this incident as well.

According to police report, child did not have any visible injuries when they did a health check on child.
During the course of interviews with staff, one staff stated there was one incident that she witnessed on June 7, 2022 at nap time. Child was moving around. Staff #1 picked up the child with her two hands by child's upper arms forcefully, putting child on the cot. Then she put her hand on child's chick to move it towards her to look at staff # 1. Another staff stated she has not witnessed any physical movement from staff # 1 but stated children are slightly intimidated. Another staff stated she has seen staff # 1 grab children by arms and putting them down not gently. Staff # 1 was harsh towards children. One staff stated she has observed staff # 1 to be strict with children if they were not listening. Another staff person stated she has seen staff # 1 to be harsh with children. Staff # 1 was angry with children.
The school administrators stated staff # 1 denied violating children's personal rights. The administrators stated they neither witnessed any inappropriate physical behavior from staff # 1 towards children, nor did they hear any staffs' comments in the past regarding staff # 1 being physically inappropriate towards children. The administrators stated they conducted their internal investigation and took action against staff # 1.
Based on the interviews which were conducted with 12 staff, and obtaining police records, the preponderance of evidence standard has been met, therefore the allegation of “Staff handled day care child in a rough manner" is found to be SUBSTANTIATED.
California Code of Regulations, Title 22, Division & Chapter 12, Section 101223.2 Discipline is being cited on the attached LIC 9099D.

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. The licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted with director, Toni Kelly.
End of report.
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 06/23/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 06-CC-20220613154602
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: APPLETREE MONTESSORI
FACILITY NUMBER: 300606452
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/23/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
06/27/2022
Section Cited
CCR
101223.2(a)
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Any form of discipline or punishment that violates a child's personal rights as specified in Section 101223 shall not be permitted regardless of authorized representative consent or authorization. This requirement was not met as evidenced by interviewing
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The facility sent a report to our office in a timely manner. According to paperwork sent to our office and per director, the school administrators took the appropriate action against staff # 1
The licensee agreed to send a statement that
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12 staff. One staff witnessed staff # 1 grabbing 20 months old child, aggressively to put the child down and was grabbing the child by child's cheek in one isolated incident. Four other staff commented staff # 1 has been harsh towards children. This is a potential risk to the health and safety of children in care.
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she reviewed the personal rights of children with staff and she will send a list of the staff that they reviewed the personal rights of children to LPA's email address.
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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.
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 06/23/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 5