304371258-2-10-2022-06-CC-PMAA-CBJMVS-20220211085712

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371258
Report Date: 02/10/2022
Date Signed: 02/10/2022 10:41:35 AM

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
11/05/2021 and conducted by Evaluator Ryan Joseph Chan

COMPLAINT CONTROL NUMBER: 06-CC-20211105091308

FACILITY NAME:	DANA POINT MONTESSORI		FACILITY NUMBER:	304371258
ADMINISTRATOR:	SWINSON, LENA		FACILITY TYPE:	850
ADDRESS:	33501 DEL OBISPO STREET		TELEPHONE:	(949) 443-4213
CITY:	DANA POINT	STATE: CA	ZIP CODE:	92629
CAPACITY:	66	CENSUS: 17	DATE:	02/10/2022
		UNANNOUNCED	TIME BEGAN:	09:20 AM
MET WITH:	Assistant Director - Jennifer Beck		TIME COMPLETED:	10:50 AM

ALLEGATION(S):

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Child sustained bruises while in care
Facility did not meet child's nutritional needs

INVESTIGATION FINDINGS:

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On 02/10/22 Licensing Program Analyst (LPA) Ryan Chan conducted an unannounced complaint investigation visit regarding the allegations stated above. LPA Chan met with Assistant Director Jennifer Beck who took LPA on a tour of the facility. There was a total of 17 preschool aged children with 4 staff.

A review of the Facility Personnel Report Summary on 02/10/22 indicates all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

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.
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Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 795-0415
LICENSING EVALUATOR NAME: Ryan Joseph Chan	TELEPHONE: (714) 287-0708
LICENSING EVALUATOR SIGNATURE:	DATE: 02/10/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2022

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-20211105091308

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: DANA POINT MONTESSORI	FACILITY NUMBER: 304371258
	VISIT DATE: 02/10/2022

NARRATIVE

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On 11/05/21 the Orange County Child Care Office received a complaint with allegations stating child sustained bruises while in care and facility did not meet child’s nutritional needs. LPA investigated the allegation stating facility did not meet child’s nutritional needs. Investigator Bellucco investigated the allegation stating child sustained bruises while in care.

The reporting party (RP) states subject child seemed hungry after subject child was picked up. RP purchased lunch provided by facility but also packed lunch for subject child so that subject child would have food that was familiar. RP states on 11/01 and 11/03 the packed lunch was untouched and subject child seemed hungry during pick up. RP met with facility Director who informed RP that subject child ate the food facility provided. RP does not believe subject child ate the food facility provided because RP states subject child is a picky eater.

During the investigation LPA conducted interviews on 11/08/21, 01/19/22, and 01/22/22 with 4 staff and 5 parents. S1 and S2 are the 2 teachers in charge of the toddler classroom where subject child was. Both teachers stated subject child is a picky eater. S1 states S2 oversaw feeding subject child and has seen S2 try to feed subject child. S2 states she would try to feed subject child but never forced subject child. S2 would give subject child space if subject child was not willing to eat. S2 does not remember the foods subject child was fed if it was the facility food or the food provided by parent. Director states parent purchased school lunch, documented on the sign in/sign-out sheets, but does not remember if lunch was also packed by parent for subject child. Director states she was informed by teachers in subject child's classroom that subject child liked the food provided by the facility. LPA interviewed 5 parents, all 5 parents did not disclose any concerns with the facility not meeting children’s nutritional needs. Children were not interviewed due to being non-verbal, due to their age.

On 11/03/21 RP arrived at the facility to pick up subject child only to be met outside by Director who handed off subject child to RP. Upon arrival home RP discovered red marks on subject child’s body and legs with small scattered bruises. RP called director to inquire, Director stated she forgot to inform RP, director believed the marks to be bug bites. The allegation was investigated by the Investigation Branch Investigator Bellucco.
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SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 795-0415
LICENSING EVALUATOR NAME: Ryan Joseph Chan	TELEPHONE: (714) 287-0708
LICENSING EVALUATOR SIGNATURE:	DATE: 02/10/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 5

Control Number 06-CC-20211105091308

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: DANA POINT MONTESSORI	FACILITY NUMBER: 304371258
	VISIT DATE: 02/10/2022

NARRATIVE

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During the course of the investigation, Investigator Bellucco interviewed 5 staff, interviewed RP, interviewed subject child’s pediatrician, reviewed medical records and police records, and collaborated with Orange County Sheriff’s Department on the investigation. The facility staff all denied harming subject child or seeing any staff harm subject child. The Doctor who examined the subject child reported that the marks on the subject child, “was rash with color changes more consistent with contusions”. The doctor who evaluated the child was unable to determine that the red marks were suspicious of trauma caused by a childcare provider, however reported that the marks were not bug bites but rash and erupted skin (red and swollen).

Based on interviews conducted and documents reviewed it is unclear if the subject child was or was not provided adequate food. The RP states the food packed for subject child was not touched and subject child seemed hungry when subject child was picked up at the end of the day, while teachers in the class state subject child was fed facility food purchased by parent. There is also not enough information to support neglect/lack in care and supervision resulting in child sustaining injury by a childcare worker while at childcare. Although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated.

During the investigation it was revealed the subject child who is an infant was being taken care of under the preschool license where children are the age of 2 years old and above. The subject child was 4 days away from turning 2 years old and therefore should have been placed in the infant classroom under this facility’s infant license.

The facility is in violation of California Code of Regulations, Title 22, Chapter 1, Section 101161(a) Limitations on Capacity and is being cited on the attached LIC 9099D.

101161 Limitations on Capacity
(a) A licensee shall not operate a childcare center beyond the conditions and limitations specified on the license, including the capacity limitation.

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SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 795-0415
LICENSING EVALUATOR NAME: Ryan Joseph Chan	TELEPHONE: (714) 287-0708
LICENSING EVALUATOR SIGNATURE:	DATE: 02/10/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2022

LIC9099 (FAS) - (06/04)

Page: 3 of 5

Control Number 06-CC-20211105091308

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: DANA POINT MONTESSORI	FACILITY NUMBER: 304371258
	VISIT DATE: 02/10/2022

NARRATIVE

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Exit interview conducted and report was reviewed with Assistant Director Jennifer Beck. Appeal Rights were explained, Assistant Director was provided a copy of her Appeal Rights and signature on this form acknowledges receipt of these rights. Assistant Director was informed all appeals must be in writing and received by the Regional Office within 15 business days. A notice of site visit was given and must remain posted for 30 days. Failure to post will result in civil penalties of $100.00. The Notice of Site Visit must be posted on or adjacent to the door.

SUPERVISOR'S NAME: Judy Hanson	TELEPHONE: (714) 795-0415
LICENSING EVALUATOR NAME: Ryan Joseph Chan	TELEPHONE: (714) 287-0708
LICENSING EVALUATOR SIGNATURE:	DATE: 02/10/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2022

LIC9099 (FAS) - (06/04)

Page: 4 of 5

Control Number 06-CC-20211105091308

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: DANA POINT MONTESSORI	FACILITY NUMBER: 304371258
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/10/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 02/18/2022 Section Cited CCR 101161(a)	1 2 3 4 5 6 7	101161(a) Limitations on Capacity (a) A licensee shall not operate a childcare center beyond the conditions and limitations specified on the license, including the capacity limitation. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Licensee to email LPA statement that she will adhere to the limitations of her license and that she will check birthdays of children being enrolled into the program to ensure they meet the age restrictions of the license for the preschool.
	8 9 10 11 12 13 14	Based on interviews conducted it was revealed subject child who is an infant under 2 years old was being taken care of under the preschool license with children ages 2 and up which poses a potential risk to the health and safety of 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: Judy Hanson	TELEPHONE: (714) 795-0415
LICENSING EVALUATOR NAME: Ryan Joseph Chan	TELEPHONE: (714) 287-0708
LICENSING EVALUATOR SIGNATURE:	DATE: 02/10/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/10/2022

LIC9099 (FAS) - (06/04)

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