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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371471
Report Date: 01/26/2024
Date Signed: 01/26/2024 10:12:03 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 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
10/31/2023 and conducted by Evaluator Archibaldo Silva
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20231031145217
FACILITY NAME:MONTESSORI GREENHOUSE SCHOOLSFACILITY NUMBER:
304371471
ADMINISTRATOR:LAMBERT, HEATHERFACILITY TYPE:
850
ADDRESS:5856 BELGRAVE AVENUETELEPHONE:
(714) 897-3833
CITY:GARDEN GROVESTATE: CAZIP CODE:
92845
CAPACITY:106CENSUS: 41DATE:
01/26/2024
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Director Heather LambertTIME COMPLETED:
10:21 AM
ALLEGATION(S):
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Staff handled a child roughly
Staff inappropriately disciplined a child
Staff intimidated a child.
INVESTIGATION FINDINGS:
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On 1/26/2024 Licensing Program Analyst (LPA) A. Silva conducted an unannounced complaint investigation inspection. This is a continuation of the investigation initiated on 11/8/2023. Upon arrival, the LPA met with Director Heather Lambert and informed the director of the purpose of the visit. A review of the Facility Personnel Report Summary shows all facility staff or individuals who require caregiver background checks have received a criminal record clearance and a child abuse index clearance or an exemption clearance. The census at the time of the visit was 41 children (including 10 toddlers) and 10 staff. The facility was operating within staff to child ratios.

The Department received a complaint on 10/31/2023 alleging that 1) staff handled a child roughly, 2) staff inappropriately disciplined a child, and 3) staff intimidated a child.

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Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
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 6
Control Number 06-CC-20231031145217
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: MONTESSORI GREENHOUSE SCHOOLS
FACILITY NUMBER: 304371471
VISIT DATE: 01/26/2024
NARRATIVE
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Allegation 1) Staff handled a child roughly.

Interviews with the complainant: On 11/7/2023, the LPA called the complainant for an interview. The complainant disclosed that her/his spouse witnessed Staff #1 (S1) grab and yank Child #1 (C1) from the underarm area while the child cried on the ground.

Interviews with staff: On 11/8/2023, the LPA interviewed four staff at the facility and obtained a written statement from a fifth staff who was not present at the facility. Staff 1 (S1) said she/he yanked the child “for safety reasons” to prevent the child from hitting her/his head on furniture and denied any wrongdoing. All other staff asserted they did not see the incident happen and could not confirm or deny whether the allegation happened.

Interviews with children: On 11/8/2023, the LPA attempted to interview children. Children were nonverbal and unable to corroborate whether the allegations happened.

Interviews with Parents: On 1/16/2024, the LPAs called seven parents. The LPAs reached two parents. The other 5 parents did not respond to the Department’s request for an interview. None of the two parents interviewed disclosed any information that could help corroborate or dismiss any of the allegations.

Allegation 2) Staff inappropriately disciplined a child.

Interviews with the complainant: On 11/7/2023, the LPA called the complainant for an interview. The complainant disclosed that three adults claimed to have witnessed Staff #1 put Child #1 and other children in time-out/isolation in the restroom as a form of discipline.

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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 06-CC-20231031145217
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: MONTESSORI GREENHOUSE SCHOOLS
FACILITY NUMBER: 304371471
VISIT DATE: 01/26/2024
NARRATIVE
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Interviews with staff: On 11/8/2023, the LPA interviewed four staff at the facility and obtained a written statement from a fifth staff. Staff S1, S2, and S3 all corroborated that the restroom was used to manage children’s challenging behaviors. S1 said that when there are “children crying, yelling we cannot continue because it is too loud. We take that child to the restroom and have a teacher with them.” S2 disclosed that “the only time the kids would be in the restroom is during circle time when they wouldn’t be able to calm down” and added that “during circle time the head teacher would tell [staff] to take them [to the restroom] to calm down.” S3 also disclosed that the staff tells the children “to go to the restroom to calm down” and asserted that a staff member always accompanies children in the restroom. S4 stated that the administration was investigating the practice of isolating children in the restroom and asserted that the practice is not widespread in the school. S4 stated the practice has stopped.

Interviews with adults: On 11/08/2023, the LPA interviewed three adults about the allegation. Adult 2 (A2) disclosed that “the form of punishment in that classroom when a child is acting out or being excessively loud, it would be like [C1] do you want to go to the bathroom? [S1] would send a teacher who's helping to pick up the child or children and take him or them to the bathroom.” A2 provided more examples of reasons why a child would be sent to the restroom to “calm down” including playing with toys, “throwing a tantrum,” and having a “meltdown.” A2 also stated, “At some point, [C1] would not want to go to the bathroom to get a diaper changed because [C1] associated the bathroom with punishment.” Adult 3 (A3) similarly disclosed that the restroom was used to isolate a child until the child calmed down. A1 stated she/he did not witness the events described by A2 and A3.

Allegation 3) Staff intimidated a child.

During the interviews conducted on 11/08/2023 with staff and adults, it was disclosed that the teacher intimidated the children using a threatening tone and by getting in the child’s face.


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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 06-CC-20231031145217
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: MONTESSORI GREENHOUSE SCHOOLS
FACILITY NUMBER: 304371471
VISIT DATE: 01/26/2024
NARRATIVE
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Interviews with adults: During the interview, A2 disclosed that when a child was exhibiting challenging behavior the staff would ask “Do you want to go to the restroom?” and added that “the tone the [staff] used was very threatening when saying, do you want to go to the bathroom?” A2 also disclosed that the staff “got on [child’s] face” in at least two instances. When asked what getting in the child’s face meant, A2 explained that S1 “would get about 5 inches away from the child’s face and then say things like do you want to go to the bathroom?”

Interviews with staff: During staff interviews, S1 corroborated that she/he would get close to children’s faces “because you have to make eye contact with the children, otherwise they will not listen.” Staff #2 denied that S1 intentionally threatened the children but recognized that S1 appeared “to come hard on the children… to get them to do what they are supposed to be doing.” S1 denied any wrongdoing.

Based on conducted interviews, the preponderance of evidence standard has been met, therefore the above allegations that staff handled a child roughly, staff inappropriately disciplined a child, and staff intimidated a child are found to be SUBSTANTIATED. A substantiated finding means that the complaint is substantiated, and the allegations are valid because the preponderance of the evidence standard has been met. A citation was issued (See LIC9099D) per CCR 101223(a)(1)(3) Personal Rights.

LPA A. Silva informed Director Heather Lambert that this licensing report dated 1/26/2024 documents one “Type A” citation(s). Type A citation(s) must be posted for 30 consecutive days during the hours that children are in care as there is/are immediate risk(s) to the health, safety, or personal rights of children in care. LPA A. Silva further informed Director Lambert that a copy of this licensing report must be provided to parents or guardians of all clients currently enrolled by the next business day or by the next day the children are in care, a copy of this report must be provided to the parents or guardians of all newly enrolled clients for 12 months from the date of this report, and signed Acknowledgement of Receipt of Licensing Report (LIC 9224) form, or another written equivalent statement, must be placed in the child's file for verification of receipt of the report.

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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 06-CC-20231031145217
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: MONTESSORI GREENHOUSE SCHOOLS
FACILITY NUMBER: 304371471
VISIT DATE: 01/26/2024
NARRATIVE
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An exit interview was conducted with Director Heather Lambert. The Notice of Site Visit was posted during the visit. The director 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. The director was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First-level appeals should be sent to the regional manager to the address listed above.

END.
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 06-CC-20231031145217
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: MONTESSORI GREENHOUSE SCHOOLS
FACILITY NUMBER: 304371471
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/26/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
01/29/2024
Section Cited
CCR
101223(a)(1)(3)
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101223(a)(1)(3) Personal Rights: The licensee shall ensure that each child is accorded the following personal rights: (1) to be accorded dignity in his/her personal relationships with staff… (3) to be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation…
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Director Lambert stated she will conduct personal rights training with staff and provide proof of attendance, materials, and a delcaration of correction to the LPA by the due date accorded during the visit. Email was provided.
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Based on interviews the regulation was not met, which poses an immediate risk to the safety and personal rights of children. Staff and adults interviewed disclosed that C1 was handled roughly, children are disciplined by removal from the classroom, staff used intimidation/threats.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Archibaldo Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 01/26/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/26/2024
LIC9099 (FAS) - (06/04)
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