304370426-2-26-2021-06-CC-JHAN-BYQNEL-20210302092405

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370426
Report Date: 02/26/2021
Date Signed: 02/26/2021 01:41:59 PM

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
10/14/2020 and conducted by Evaluator Sherene Hawkins

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20201014143945

FACILITY NAME:	OC MONTESSORI ACADEMY		FACILITY NUMBER:	304370426
ADMINISTRATOR:	KAREN STONESTREET		FACILITY TYPE:	850
ADDRESS:	8372 MCFADDEN AVENUE		TELEPHONE:	(714) 898-5523
CITY:	WESTMINISTER	STATE: CA	ZIP CODE:	92683
CAPACITY:	100	CENSUS: 32	DATE:	02/26/2021
		UNANNOUNCED	TIME BEGAN:	01:05 PM
MET WITH:	Karen Stonestreet		TIME COMPLETED:	01:30 PM

ALLEGATION(S):

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Child was injured while in care.

INVESTIGATION FINDINGS:

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Tele-Investigation due to Covid-19 State of Emergency- attempted visit-11:24AM
At 1:05 PM Licensing Program Analyst (LPA) S. Hawkins conducted a follow up investigation regarding a complaint of personal rights allegation which was initiated on 10/22/20 by LPA T. Nguyen. During today’s tele-visit (via face time) a virtual tour of the facility was conducted, and LPA provided the complaint findings to the Director Karen Stonestreet. The current census observed was 32 children with 4 staff. A review of staff criminal clearance records on this date indicates that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 10/14/20 the Department received a complaint alleging that a child was injured while in care. During the investigation, LPA interviewed 5 staff, 7 parents, 6 children and reviewed facility records. It was reported that a child (C1) had an elbow injury as a result of a staff grabbing child by the arm. Several staff interviewed stated that C1 was having a hard time transitioning from the morning outside playtime to the classroom.
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Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Sherene Hawkins	TELEPHONE: (949) 466-1624
LICENSING EVALUATOR SIGNATURE:	DATE: 02/26/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/26/2021

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 06-CC-20201014143945

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: OC MONTESSORI ACADEMY	FACILITY NUMBER: 304370426
	VISIT DATE: 02/26/2021

NARRATIVE

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***page 2***

During this time Staff #4 (S4) asked for additional assistance due to S4 being bit by C1, and C1 refusing to get up off the ground. Staff #2 (S2) reported providing assistance to child by bending down to help by speaking with C1 and extending a hand. C1 started to get up, then threw her body back down toward the ground, at which time S2 released the child’s arm to potentially avoid an injury. Staff S2 then picked up C1 and carried C1 into the class by holding C1 under the arms. S2 denied ever handling C1 in an aggressive rough manner, however, added that C1 could have sustained injury when C1 dropped her body back down to the ground while S2 was attempting to help C1 up from the ground. Other staff present denied ever seeing S2 handle or treat any child in a harmful manner. Staff interviewed reported that throughout the day, after the incident, the child continued to participate in the class activities, did not complain about any discomfort, and never appeared to be injured.

During children interviews, C1 reported being hurt by a teacher due to arm being grabbed. C1 proceeded to demonstrate by pulling on own arm to show LPA. C1 could not identify the teacher. After C1 was picked up by parent, medical attention was sought due to child’s complaint to parent about arm hurting. It was determined that child did have joint pain in the arm. Parent was initially informed by staff during pick up of child’s challenges during transition into the classroom. There was no mention of any injury to the parent.

Other children interviewed reported that time out and redirection is used when children are not listening to the teacher and added that children are not hurt by staff. It was noted that all the children had transitioned into the class during the alleged incident, and no other children were present on the playground. Additional parents interviewed were satisfied with the care and supervision being provided to the children and had no concerns.

This agency has investigated the complaint alleging that a day care child was injured while in care due to personal rights. We have found that the complaint was unsubstantiated. Due to conflicting statements, C1 dropping to the ground in a hard manner, and C1 not being able to identify any staff, there is no way to determine how or when the injury may have occurred. While 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

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SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Sherene Hawkins	TELEPHONE: (949) 466-1624
LICENSING EVALUATOR SIGNATURE:	DATE: 02/26/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/26/2021

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 06-CC-20201014143945

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: OC MONTESSORI ACADEMY	FACILITY NUMBER: 304370426
	VISIT DATE: 02/26/2021

NARRATIVE

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***page 3***

Exit interview was conducted. The report was read and reviewed with the director. A copy of the report and their appeal rights (LIC 9058) will be emailed to Director with a Read Receipt requested to acknowledge report was received. Director was asked to respond to email by copying and pasting “I have read and received the Investigation Report, I acknowledge receipt.” Investigation Report LIC 9099 will also be mailed if those options are not available. First level appeals should be sent to the regional manager to the address listed above. All appeals must be in writing and received by the licensing office within 15 business days. The first level appeal is to regional manager.

Copies of LIC 811 confidential names list dated 02/26/2021 was provided

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Sherene Hawkins	TELEPHONE: (949) 466-1624
LICENSING EVALUATOR SIGNATURE:	DATE: 02/26/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/26/2021

LIC9099 (FAS) - (06/04)

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