300610682-5-10-2022-06-CC-PMAA-CEGM5X-20220516091903

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 300610682
Report Date: 05/10/2022
Date Signed: 05/10/2022 02:01:07 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, 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
03/04/2022 and conducted by Evaluator Alanna Gontarek

COMPLAINT CONTROL NUMBER: 06-CC-20220304093518

FACILITY NAME:	MONTESSORI ON THE LAKE TOO		FACILITY NUMBER:	300610682
ADMINISTRATOR:	EVEREST, JULIE		FACILITY TYPE:	850
ADDRESS:	23311 MUIRLANDS		TELEPHONE:	(949) 855-5630
CITY:	LAKE FOREST	STATE: CA	ZIP CODE:	92630
CAPACITY:	105	CENSUS: 66	DATE:	05/10/2022
		UNANNOUNCED	TIME BEGAN:	01:00 PM
MET WITH:	Julie Everest		TIME COMPLETED:	02:15 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Facility is not following mask mandate

INVESTIGATION FINDINGS:

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

On 05/10/2022, Licensing Program Analyst (LPA) Alanna Gontarek conducted an inspection to re-deliver the findings regarding the allegation, received on 3/4/22, stating Facility is not following mask mandate. LPA met with Director, Julie Everest. The Covid-19 Emergency Response questionnaires were asked prior entering the facility. The purpose of this visit was due to the Field Automated System (FAS) becoming corrupted on 4/27/22. The report (LIC 9099), created on 4/27/22, was deleted from the system, and needed to be re-created, and delivered today 5/10/2022. A tour of the facility was conducted, and a census was taken. During today’s visit (5/10/22), there were 66 preschool children and 8 staff upon arrival. During the inspection it was determined the facility is operating within its licensed capacity and within compliance of staffing ratios.
Facility representative was reminded that all adults 18 and over, including employees and volunteers, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to initial presence in a Child Care Center. A civil penalty of $100.00 minimum/day up to $500.00 maximum per day/per person will be assessed if this regulation is violated.
Continued on next page.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Alanna Gontarek	TELEPHONE: (714) 703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 05/10/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/10/2022

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 06-CC-20220304093518

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: MONTESSORI ON THE LAKE TOO	FACILITY NUMBER: 300610682
	VISIT DATE: 05/10/2022

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

Page 2:
Complainant alleges: Facility is not following county guidelines regarding masking for children. Complainant also alleges facility did not require masking, and masking was optional. Complainant submitted: A letter dated 9/3/2021 to children’s authorized representatives stating, “Masks must be worn upon entering the school and throughout daily indoor instruction,” a School Closure letter stating the facility closed in November of 2021 due to increase in COVID-19 cases, and a message on the school’s Procare application stating there was a COVID positive test result reported, and for safety reasons are sending the children home today (12/13/2021).
On date complaint was received, 3/10/2022, the California Department of Public Health Guidance was as follows: The CDPH Guidance for the Use of Face Coverings (last updated July 28, 2021) requires that all individuals in child care settings wear face coverings while indoors, regardless of vaccination status. Per California Department of Public Health (CDPH), Child Care providers must comply with requirements in the Guidance for the Use of Face Coverings issued by the CDPH. This public health order was issued under the authority of Health and Safety Code sections 120125, 120140, 120175, 120195, and 131080.

During the course of investigation, on 3/10/22, LPA observed staff wearing masks in the classrooms. On 3/10/22, In 2 of the classrooms observed, LPA observed 38 children out of the total 39 children not wearing a face mask. LPA also observed a total of 41 children outdoors. Mask mandate did not apply to children outdoors. LPA interviewed 5 staff on 03/10/2022. During interview conducted with the Director (S1), she stated mask mandate was lifted on February 25th, 2022 by the Centers for Disease Control (CDC). Director also stated that prior to February 25th, 2022, the teachers would have the child come in with a mask on. Director stated there was ongoing communication, via email or in-person, with staff and children’s authorized representatives regarding current COVID-19 mandates. Director and 4 additional staff denied face masks being optional up until February 25th, 2022. All interviewed staff described their policy and procedures to prevent Covid-19 including children continually wash hands, give verbal reminders to wear masks indoors, encourage children to wear masks indoors, helped children with their wearing their masks properly, and stated that If the children forgot a mask, the children had to get their extra masks in clearly labeled ziplock school bag or the school provided extras. Per 5 out of 5 staff interviewed, mask mandate was lifted the following week (week of February 28th,2022) due to CDC updated guidance that was received from the school.

During record review, LPA Gontarek obtained and reviewed the facility roster, facility’s updated Covid-19

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Alanna Gontarek	TELEPHONE: (714) 703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 05/10/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/10/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 06-CC-20220304093518

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: MONTESSORI ON THE LAKE TOO	FACILITY NUMBER: 300610682
	VISIT DATE: 05/10/2022

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

Page 3:
Protocols, Policies and Procedures for school’s 2020-2021 school year and a copy of the facility’s
Assumption of Risk and Waiver Liability Relating to Coronavirus/COVID-19, stating the CDC guidelines. LPA obtained pictures of children wearing face masks for the month of January 2022. LPA reviewed CDC resource provided by Director, stating “with the new guidelines, the CDC is only recommending mask wearing in schools in counties that are designated high risk.” Director also provided a copy of a letter sent to children’s authorized representatives, which included COVID-19 County Check for Orange County, showing facility as a “Medium” risk area, and stated “People may choose to mask at any time.” On March 11th, 2022 at 11:59 p.m., mask mandate changed to: CDPH Guidance for the Use of Face Masks strongly recommends that all individuals in child care settings use face masks indoors, regardless of vaccination status, to reduce the spread of COVID-19.” Due to the Director receiving misinformation, Director made a mistake allowing for masking to be optional, and no longer required masking from February 25th 2022 through March 10th 2022.

Based on the information gathered from LPA's observations on 03/10/2022, interviews conducted with 5 staff, facility’s updated Covid-19 Protocols, Policies and Procedures for school’s 2020-2021 school year, and other documentation received, the preponderance of evidence standard has been met, therefore the allegation of “Facility is not following mask mandate” from February 25th 2022 through March 10th 2022 due to misinformation obtained is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1, Personal Rights- Section 101223(a)(2): The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. On 03/10/2022, licensee did not ensure the personal rights of persons in care to safe and healthful accommodations. In this facility, children over 2 years old were not required to wear face coverings after February 25th, 2022, while in the facility, as required by the CA Dept. of Public Health Guidance on the use of face coverings on children, and individual mask exemptions did not apply.
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 rights (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted.
In the area which was investigated, the following deficiency was cited today on the attached LIC 9099D.
This report ends here.

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Alanna Gontarek	TELEPHONE: (714) 703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 05/10/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/10/2022

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 06-CC-20220304093518

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: MONTESSORI ON THE LAKE TOO	FACILITY NUMBER: 300610682
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 05/10/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 05/11/2022 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	Personal Rights: The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidenced by: Based on LPAs observations and interviews conducted, facility did not	1 2 3 4 5 6 7	Per Director, required children to wear masks starting 3/10/22 after Initial inspection was completed. Per CDPH, mask mandate, requiring children ages 2 years and older, to wear face masks, was lifted on 3/11/22 at 11:59 p.m. Masks are no longer required.
	8 9 10 11 12 13 14	require children over 2 years old to wear face coverings while inside the facility from 2/25/22 to 3/10/22, as required by the CA Dept. of Public Health Guidance on the use of face coverings on children, and individual mask exemptions did not apply. This poses a potential health and safety and personal rights risk to the children in care.	8 9 10 11 12 13 14
	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: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Alanna Gontarek	TELEPHONE: (714) 703-2800
LICENSING EVALUATOR SIGNATURE:	DATE: 05/10/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/10/2022

LIC9099 (FAS) - (06/04)

Page: 4 of 4