304371258-6-23-2022-06-CC-RLOZ-CFTUX5-20220628155746

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371258
Report Date: 06/23/2022
Date Signed: 06/23/2022 01:10:34 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
05/19/2022 and conducted by Evaluator Mahnaz Malek

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220519114814

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: 26	DATE:	06/23/2022
		UNANNOUNCED	TIME BEGAN:	11:45 AM
MET WITH:	Director, Lena Swinson		TIME COMPLETED:	01:30 PM

ALLEGATION(S):

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Day-care child caused injuries to another child in care.
Staff did not provide adequate supervision resulting in day-care child being pushed by another child in care.
Staff did not report incidents to child's parent.
Child was bit by another child in care.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted an onsite investigation for the purpose of following up the investigation which started on 5/20/22 regarding the above allegations. LPA met with director, Lena Swinson. The Covid-19 Emergency Response questionnaire was reviewed and answered. There were a total of 26 preschool children and 5 staff were present at the facility. Due to COVID 19 guidelines, LPA observed the facility was following CDC and Dept of Public Health Guidelines 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.
Orange County Regional Office received an anonymous report on 5/19/22. According to report 3 year old child got 4 scratches on the face in January 2022 due to lack of supervision and not being informed.
Child got bit by another child on the hand in April. Child got 2 marks on the back of the body in May. These
incidents have not been reported to the child's parent. It was reported that it was observed an older child
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Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 06/23/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2022

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-20220519114814

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: 06/23/2022

NARRATIVE

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pushed the 3 year old child very hard off the swing. Another child was about to do the same thing to the 3 year old child without staff intervening.

On the previous investigation date on 5/20/22, LPA interviewed six staff and 12 preschool children regarding the above allegations, LPA also interviewed additional 2 staff members on other dates and reviewed some documents. 6 parents were contacted as well.

During the course of interviews which was conducted with a total of 8 staff, the following were s reported to LPA. The director stated, the parent showed her the scratches on the child's face. There were two small scratches on the child's face. The director asked the teachers and they did not know anything about the scratches on the child's face. The staff who were with the child for the longest time stated they did not see if the child had any injuries. They said the child did not tell anything to the teachers either. One staff stated she noticed an old mark on the child's face long time ago and asked the child what happened? Child did not say anything. She remembers another staff told her it happened at home. Regarding the wound on her back, the staff did not state their acknowledgment of the presence of the wounds on the child's back. Staff said they do health check on children upon arrival. Staff did not know what had happened to the back of the child. Two staff stated child would love to crawl under the table. The staff stated they do give incident report to parents or they write it and give it to the director. Regarding the bite on the child's hand, staff # 7 and staff # 8 stated they were outside on the playground. Staff # 7 stated she was watching the two children in the play house from a far distance when the biting happened. Staff # 8 stated the biting happened in play house so fast that the staff could not prevent it. The other child bit the 3 year old child on the hand. Staff # 8 stated she wrote an incident report and attached it to the diaper log. The staff were not sure if the parent received the ouch report on that day. The director stated she did not remember if she talked to the child's parent. Parents are aware that they have to look in children's cubbies for any communication. The director stated she calls the parents for serious injures. Staff denied the bite incident happened due to lack of supervision. Staff stated they intervene if needed. They said they are children and it is natural for them to fall and trip on their own. One staff said they do bike riding and they might get scratches on their body. They said the 3 year old child would cry and let the staff know if any injury happened to the

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SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 06/23/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2022

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20220519114814

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: 06/23/2022

NARRATIVE

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child. They do not remember if the child cried. Staff do not remember the 3 year old child got injured due to another child's pushing. The staff were not aware of any injuries happened at school in order for the staff to write an incident report for that child except for the bite incident. Staff stated they do supervise the children in the classroom and outside on the playground.

LPA interviewed 12 preschool children of whom 8 were qualified for interview. Children stated their teacher would watch them while standing on the playground. Some said they do not push each other. Two children said child # 5 and child # 9 push the children and they tell the teacher. One child said child fell off the bike at home. One child said teachers push us on the swing, One other child said sometimes I fall and I don't tell my teacher.

Based on the interviews conducted with a total of 8 staff, 12 preschool children (8 qualified), contacted 6 parents (one responded with no concerns) and LPA's observations, there were discrepancies among the staffs' statements regarding above allegations. Therefore there is not enough proof or evidence to support the occurrence of the allegations. This agency has investigated the complaint alleging "Day-care child caused injuries to another child in care.

Staff did not provide adequate supervision resulting in day-care child being pushed by another child in care, staff did not report incidents to child's parent, child was bit by another child in care"; 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.

Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The director was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted with director, Lena Swinson.

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 06/23/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2022

LIC9099 (FAS) - (06/04)

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