304370910-7-11-2019-06-CC-RLOZ-BFH267-20190828170636

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370910
Report Date: 07/11/2019
Date Signed: 07/11/2019 03:25:32 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
06/25/2019 and conducted by Evaluator Mahnaz Malek

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20190625135102

FACILITY NAME:	SAN JUAN MONTESSORI		FACILITY NUMBER:	304370910
ADMINISTRATOR:	SHARAN, SANDHYA		FACILITY TYPE:	850
ADDRESS:	32143 ALIPAZ STREET		TELEPHONE:	(949) 496-2927
CITY:	SAN JUAN CAPISTRANO	STATE: CA	ZIP CODE:	92675
CAPACITY:	45	CENSUS: 36	DATE:	07/11/2019
		UNANNOUNCED	TIME BEGAN:	12:46 PM
MET WITH:	Director		TIME COMPLETED:	04:00 PM

ALLEGATION(S):

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Staff member inappropriately handled day care child
Staff members yell at children

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation which had been started on 7/1/2019 regarding the above complaint allegations. LPA met with director, Sandhya Sharan. Census was taken. There were a total of 36 preschool children with four staff in three different classrooms. A review of staff records on this date indicated that all facility or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.
Our office has received a complaint report alleging a staff member was observed yanking a frisbee out of a 5 year old child's hand, and when the child would not release the toy, the alleged staff member pushed the child causing child to cry and run to tell another staff member. Also it was alleged observing the same staff member grabbed the same child by shoulder on another unknown date. It was also reported the staff at this facility yell at children and yell at each other in front of the children all the time.

Continued on page 2

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 703-2810
LICENSING EVALUATOR SIGNATURE:	DATE: 07/11/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2019

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-20190625135102

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: SAN JUAN MONTESSORI	FACILITY NUMBER: 304370910
	VISIT DATE: 07/11/2019

NARRATIVE

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Today LPA interviewed one more staff who was not able to be interviewed on the last investigation date of 7/1/2019. LPA also interviewed 13 children today regarding the mentioned allegations. Four children and five staff were interviewed on the last investigation date. A total of six staff and 17 qualified children were interviewed.

Based on the interviews which were conducted, LPA's observation on two different days, and reviewing documents, there were discrepancy statements among the interviewees. Staff who witnessed the incident, did not confirm the alleged staff member was inappropriate towards the day care child. The staff denied yelling at children or at each other in front of children. Children's statements did not support if the allegations did or did not happen.

This agency has investigated the complaint alleging staff member inappropriately handled day care child
and staff members yell at children, although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated.

The Notice of Site Visit was posted. Facility representative was informed that the Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. Appeal Rights was explained. A copy of appeal rights (LIC 9058 1/16) was provided and their signatures on this form acknowledges receipt of these rights. First level appeal is to Regional Manager, address is above on the report. Facility was advised on how to receive notifications for quarterly updates and provided with Child Care Advocate contact information: childcareadvocatesprogram@dss.ca.gov
Also provided was information about the E-Learning Modules available at https://ccld.childcarevideos.org
An updated pamphlet regarding safe sleep regulations in childcare and a pamphlet for lead poisoning facts were given to the director today. The facility representative was informed that they can refer to our Department website at www.ccld.ca.gov for obtaining the quarterly updates.

Exit interview was conducted

This report ends here.

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 703-2810
LICENSING EVALUATOR SIGNATURE:	DATE: 07/11/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2019

LIC9099 (FAS) - (06/04)

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