304310860-6-8-2022-06-CC-THOO-CFFM89-20220616092246

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304310860
Report Date: 06/08/2022
Date Signed: 06/08/2022 01:19:10 PM

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
03/21/2022 and conducted by Evaluator Stacy Torrence

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220321085036

FACILITY NAME:	MONTANO, EMILIA		FACILITY NUMBER:	304310860
ADMINISTRATOR:	MONTANO, EMILIA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(714) 848-7840
CITY:	HUNTINGTON BEACH	STATE: CA	ZIP CODE:	92647
CAPACITY:	14	CENSUS: 14	DATE:	06/08/2022
		UNANNOUNCED	TIME BEGAN:	12:50 PM
MET WITH:	Emilia Montano, Licensee		TIME COMPLETED:	01:30 PM

ALLEGATION(S):

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Licensee mistreats children in care.

INVESTIGATION FINDINGS:

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On 06/08/2022, Licensing Program Analyst (LPA) Stacy Torrence conducted an in-person inspection to deliver the findings regarding the above complaint allegation. LPA Torrence met with Emilia Montano, Licensee. Also present was licensee’s assistant. There were 14 children present. A review of staff criminal clearance 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.

On 03/21/2022, Licensing office received a complaint alleging the following: licensee mistreats children in care. Reporting Party (RP) reported witnessing the licensee mistreating four children in care, in the form of screaming, grabbing, and jolting.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 06/08/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/08/2022

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20220321085036

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: MONTANO, EMILIA	FACILITY NUMBER: 304310860
	VISIT DATE: 06/08/2022

NARRATIVE

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During the course of the investigation, LPA Torrence interviewed licensee. Licensee stated there is a child with behavioral challenges. Licensee stated the child screams, cries, and throws self on the ground, when other children cries or if there are loud noises. Licensee stated the behavior is handled by telling child in a soothe but loud voice “you need to stop before you hit someone”. Licensee stated a loud voice is used so the child can hear what is being told to the child. Licensee stated this technique was learned in a child development course and when used the child stops the behavior. Licensee stated children will bite, and when this happens, the child is told in a soothe voice to “stop biting and it’s not ok. Licensee stated sometimes it’s hard to intervene; however, when child is seen with their mouth open intervention is immediate. Licensee denied grabbing, yelling, or jolting any child in care.

During the course of the investigation, LPA Torrence interviewed one assistant. Assistant stated children do not show any bad behavior. Assistant denied witnessing any child being mistreated by licensee and never seen licensee getting angry at the children.

During the course of the investigation, LPA was able to interview five children. There was no disclosure made by interviewed children. LPA was unable to interview the children named in the complaint as the children were either non-verbal or did not qualify.

06/02/2022 LPA was able to interview six parents. Interviewed parents stated they had no issues or concerns, nor complaints about the day care.

Based on the information gathered from LPAs' interviews and reviewing records, there is insufficient evidence to corroborate the allegation of licensee mistreat children in care. 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.

Exit interview was conducted. The Notice of Site Visit was posted. Appeal Rights was explained. A copy of appeal rights (LIC 9058 1/16) will be provided through email and their signatures on this form acknowledges receipt of these rights. First level appeal is to Regional Manager, address is above on the report.

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 06/08/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/08/2022

LIC9099 (FAS) - (06/04)

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