304370901-3-3-2021-06-CC-PMAA-BYTQ2W-20210305104748

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370901
Report Date: 03/03/2021
Date Signed: 03/03/2021 03:26:19 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
12/02/2020 and conducted by Evaluator Leonor Barajas

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20201202123659

FACILITY NAME:	MONTESSORI CHILD CARE CENTER		FACILITY NUMBER:	304370901
ADMINISTRATOR:	ALCANTAR, MABELL		FACILITY TYPE:	850
ADDRESS:	1108 NORTH ACACIA		TELEPHONE:	(714) 635-8787
CITY:	ANAHEIM	STATE: CA	ZIP CODE:	92805
CAPACITY:	30	CENSUS: 21	DATE:	03/03/2021
		UNANNOUNCED	TIME BEGAN:	10:20 AM
MET WITH:	Assistant Director Elizabeth Chanchavac		TIME COMPLETED:	12:30 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Staff failed to provide adequate supervision to day care children

INVESTIGATION FINDINGS:

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

Licensing Program Analyst’s (LPA’s) Barajas conducted a complaint investigation. This is a continuation of the investigation initiated on 12/02/20 and 12/04/20, via facetime. LPA met with Assistant Director Elizabeth Chanchavac, Director Marbell Alcantar arrived a few minutes after, who guided LPA on tour of the facility. LPA observed 10 school age children in room with 1 staff and 11 preschool age children with 2 staff Ms. Mari and Ms. Tanya. During today’s inspection the facility was operating within its licensed capacity and within compliance of staffing ratios. 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.
During the investigation, LPA interviewed Complainant Party, Licensee, three of five Staff members, interviewed four out of eight children via facetime, three of five parents via phone, reviewed sign in sign out sheets, reviewed personnel files, and obtained copy of the Children’s Roster (LIC 9040), took pictures. LPA conducted two separate Tele inspections of facility via facetime and 1 in person visit .
Page 1, Continued on Page 2, Televisit

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 03/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/03/2021

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 5

Control Number 06-CC-20201202123659

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 CHILD CARE CENTER	FACILITY NUMBER: 304370901
	VISIT DATE: 03/03/2021

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, Continued from Page 1

The complainant alleged: Staff failed to provide adequate supervision to day care children.

Complainant Party stated was notified by a parent that a staff at day care facility informed parent child has been making inappropriate gestures in the playground. Complainant Party disclosed parent confronted child and child disclosed children are watching inappropriate videos on cell phones.

During interviews conducted on 12/02/20 and 12/04/20, the Director disclosed had an issue with children and cellphones. Director disclosed a staff notified her that several children were talking about inappropriate videos. Director disclosed she was in shock when staff mentioned children were inquiring about watching inappropriate videos at facility. Director disclosed a parent brought it up to her attention and Director addressed it with parents. Director stated children are no longer allowed to bring cellphones to day care, only I pad’s for Distance Learning, not for anything else. Director stated before children could have and use cellphones after Distance Learning classes were over, this is no longer allowed. Director stated since the incident happened, there is a new cellphone policy, no cellphones. If Staff, see a cellphone they take it away from child and contact parents. Director disclosed facility maintains supervision indoors by having staff sit down with children and interact or walk around classroom. Outdoors Director disclosed staff stand around next to where children are playing, interact, sit at lunch tables or walk around play yard. Director disclosed there is always extra staff when children are outside if needed.

During the investigation LPA Barajas interviewed three of five staff members, all staff disclosed they maintain supervision indoors and outdoors by walking around and keeping eyes on children. All staff disclosed children could bring cellphone during COVID but after incident children can no longer bring phones. If staff observe a phone it is taken away from child and returned to parent at pick up time. A Staff disclosed hearing a child talking about inappropriate videos during lunch time. Staff stated when child was asked what was said, all children became quiet. Staff disclosed children told parent a child at school was showing them inappropriate videos on cellphone.

Throughout the course of the investigation LPA Barajas interviewed three of five parents who disclosed children were watching inappropriate videos on a cellphone during day care hours.
Page 2, Continued on Page 3

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 03/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/03/2021

LIC9099 (FAS) - (06/04)

Page: 2 of 5

Control Number 06-CC-20201202123659

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 CHILD CARE CENTER	FACILITY NUMBER: 304370901
	VISIT DATE: 03/03/2021

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, Continued from Page 2

A parent disclosed heard of incident as child disclosed information at pick up time. Parent disclosed brought it up to Director’s attention the next morning. One parent disclosed finding inappropriate adult website searching on phone, however the child is not able to read/write, leading parent and staff to believe there are other children who are using the child’s phone. Parents disclosed Director never mentioned incident. A Parent disclosed incident happened a few times, started happening after Halloween. Parents disclosed there was a NO cell phone policy implemented after alleged incidents.

During the investigation four of eight children were interviewed via facetime. A child interviewed via facetime disclosed they could use cellphones at day care facility but something bad happened. Child disclosed another child showed inappropriate videos to all the children who gathered around in back right corner of playground. Child disclosed watched inappropriate videos for a week. Child disclosed Staff#2 was in kitchen when incidents occurred. Another child interviewed disclosed watched inappropriate videos on cell phone with other children. Child disclosed watched videos inside and outside the classroom. Child disclosed watched videos with friends five times in the back corner of the playground where nobody can see them and Staff#2 was not around, was helping the little kids. Child disclosed no longer watches videos as parent took phone away. A third child disclosed also watched bad stuff, on cellphone. One child stated was going to tell teachers, but teachers were not outside, child didn't know where teachers were at and then forgot about incident. A fourth Child disclosed a child showed inappropriate video of people on cellphone in the back corner of playground. Child disclosed staff were not around, A staff was sitting down, and another staff was at lunch. No other children were available to be interviewed.

LPA’s Barajas and Odom conducted a field inspection of facility on 02/01/2021. LPA Barajas took pictures of back playground area. LPA observed staff standing in front of playground next to kitchen, LPA reminded staff about supervision.

Page 3, Continued on Page 4

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 03/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/03/2021

LIC9099 (FAS) - (06/04)

Page: 3 of 5

Control Number 06-CC-20201202123659

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 CHILD CARE CENTER	FACILITY NUMBER: 304370901
	VISIT DATE: 03/03/2021

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 4, Continued from Page 3

Based on LPA Barajas tele inspection, observations, pictures taken of facility, interviews with RP, Parents, children and Staff which were conducted on 12/02/20 and 12/04/20, records reviewed, the Facility Staff and Director failed to provide care and visually supervise children during day care hours, there was absence of supervision which allowed children to watch inappropriate websites on cellphone in different occasions in facility playground, while staff were not around or inside the kitchen. The Allegation: Staff failed to provide adequate supervision to day care children, Therefore the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, 101229(a)(1) Responsibility for Providing Care and Supervision, and a civil penalty is also being cited on the attached LIC 9099D.

Responsibility for Providing Care and Supervision 101229(a)(1): (a)The licensee shall provide care and supervision as necessary to meet the children's needs. (1) No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation.

This report cites a Type A violation and shall be provided to parents/guardians of children currently in enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC 9224 to be kept in each child's file.

Exit interview was conducted with Director Mabell Alcantar via Tele-Inspection. Report was read to Director. A copy of the report along with Appeal Rights will be emailed to Director with a Read Receipt to acknowledge report was received. If Read Receipt is not functional, Director will respond to email stating “I have read and received the report, I acknowledge receipt.” LIC 9099 will also be mailed if those options are not available.

End of Report.

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 03/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/03/2021

LIC9099 (FAS) - (06/04)

Page: 4 of 5

Control Number 06-CC-20201202123659

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 CHILD CARE CENTER	FACILITY NUMBER: 304370901
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 03/03/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 03/04/2021 Section Cited CCR 101229(a)(1)	1 2 3 4 5 6 7	101229(a)(1)Responsibility for Providing Care and Supervision (a)The licensee shall provide care and supervision as necessary to meet the children's needs. (1) No child(ren) shall be left without the supervision of a teacher at any time, ...(e)(1) and 101230(c)(1). Supervision shall include visual observation. This req is not met as evidenced by	1 2 3 4 5 6 7	Director stated as plan of correction will have a meeting with staff regarding supervision and will also have staff watch supervision video on ccld website, under childcare. Director will email LPA plan of correction by 03/04/2021
	8 9 10 11 12 13 14	Based on LPA Barajas interviews with RP, Parents, children and Staff which were conducted on 12/02/20 and 12/04/20, records reviewed, the Facility Staff and Director failed to provide care and visually supervise children during day care hours, there was absence of supervision which allowed children to watch inappropriate	8 9 10 11 12 13 14	websites on cellphone in different occasions in facility playground, while staff were not around or inside the kitchen. An immediate civil penalty of 500.00 was assessed today with a continuation of 100.00 per day until corrected for violation of absence of supervision. This is an immediate risk to the health and safety of children in care.
	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) 743-5149
LICENSING EVALUATOR NAME: Leonor Barajas	TELEPHONE: (714) 292-8628
LICENSING EVALUATOR SIGNATURE:	DATE: 03/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/03/2021

LIC9099 (FAS) - (06/04)

Page: 5 of 5