364842076-3-14-2023-09-CC-GSEA-CQ6RXL-20230322132452

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 364842076
Report Date: 03/14/2023
Date Signed: 03/14/2023 02:50:00 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/28/2023 and conducted by Evaluator Patricia Berry

PUBLIC

COMPLAINT CONTROL NUMBER: 09-CC-20230228152554

FACILITY NAME:	ST. MARY'S MONTESSORI SCHOOL		FACILITY NUMBER:	364842076
ADMINISTRATOR:	MARTINEZ DESERIE		FACILITY TYPE:	830
ADDRESS:	6880 N VICTORIA WINDROWS LOOP		TELEPHONE:	(909) 200-2727
CITY:	RANCHO CUCAMONGA	STATE: CA	ZIP CODE:	91739
CAPACITY:	28	CENSUS: 20	DATE:	03/14/2023
		UNANNOUNCED	TIME BEGAN:	12:45 AM
MET WITH:	Deserie Martinez/director		TIME COMPLETED:	03:30 PM

ALLEGATION(S):

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Child was left unattended in closet due to lack of supervision
Children are co-mingled

INVESTIGATION FINDINGS:

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On 3/14/23 at 12:45 pm, Licensing Program Analyst (LPA) Patricia Berry conducted a subsequent complaint investigation. LPA met with director Deserie Martinez and was granted access into the facility. LPA toured facility and took a census.

Allegation: Child was left unattended in closet due to lack of supervision
It was alleged a child was left unattended in a classroom closet, absent of supervision. LPA conducted interviews with all pertinent parties, including staff.

During staff interviews, staff stated on 2/16/23, a staff member retrieved personal items from the classroom closet prior to going on break. Staff stated, after retrieving the items, the staff member closed and locked the closet door behind them.

(Cont on 9099C)

Substantiated

Estimated Days of Completion: 0

SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Patricia Berry
LICENSING EVALUATOR SIGNATURE:	DATE: 03/14/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2023

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 09-CC-20230228152554

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: ST. MARY'S MONTESSORI SCHOOL	FACILITY NUMBER: 364842076
	VISIT DATE: 03/14/2023

NARRATIVE

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Administration staff admitted culpability to the incident occurring. Staff stated after approximately 2 minutes, other staff heard crying from the closet. Staff stated after opening the closet, they discovered a child inside. Based on staff interviews conducted and administration admitting culpability, the above allegation, child was left unattended in closet due to lack of supervision, is substantiated per California Code of Regulations 101429 (1), Title 22, Division 12. See LIC9099D for deficiency cited.

Allegation: Children are co-mingled
It was alleged children are co-mingled with preschool children. LPA conducted interviews with all pertinent parties, including staff.

During staff interviews, staff stated infant children are brought to the two-year-old classroom (preschool program) 3 weeks prior to the children turning two-years-old. Staff stated some infant children cry when brought to the two-year-old classroom. Staff stated even while the infant child is crying, the child will stay in the two-year-old classroom for up to 30 minutes while staff try to console them. Per Title 22 regulations, children are considered infants until they turn two-years-old and infant children cannot co-mingle with preschool children.

Administration staff stated the facility has a written policy regarding infant children transitioning to the two-year-old classroom. LPA reviewed the policy. The policy stated three weeks prior to infant children moving to the two-year-old classroom, the infant children will start the transition process by visiting the two-year-old classroom for 30 minutes a day and is dependent on child’s schedule. Administration admitted culpability the infant children commingling with preschool children.

Based on staff interviews conducted, and administration admitting culpability, the above allegation, children are co-mingled, is substantiated per California Code of Regulations 101438.3 (b), Title 22, Division 12. See LIC9099D for deficiency cited.

(Cont on 9099C)

SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Patricia Berry
LICENSING EVALUATOR SIGNATURE:	DATE: 03/14/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2023

LIC9099 (FAS) - (06/04)

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Citations on this Visit Report are Under Appeal!

Control Number 09-CC-20230228152554

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: ST. MARY'S MONTESSORI SCHOOL	FACILITY NUMBER: 364842076
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 03/14/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Under Appeal Type A 03/15/2023 Section Cited CCR 101429(a)(1)	1 2 3 4 5 6 7	...Providing Care and Supervision for Infants (a) In addition to ...101229,...:(1) Each infant... constantly supervised and...direct visual observation...by a staff person at all times. This requirement was not met as evidenced by	1 2 3 4 5 6 7	Teacher immediately retrieved the child from the closet 2/16/23. Director stated she will conduct a supervision training and send the topic and a list of participants too CCL by 3/15/23.23.
	8 9 10 11 12 13 14	Based on staff interviews, a child was left in a closet, alone. This is an immediate risk to the health and safety of children in care. Civil penalty LIC 421IM for $500.00 issued today.	8 9 10 11 12 13 14
Under Appeal Type A 03/15/2023 Section Cited CCR 101438.3(b)	1 2 3 4 5 6 7	101438.3 Indoor Activity Space for Infants(b) Indoor activity space for infants shall be physically separate from space used by children in the child care center and school-age child care center components. This requirement was not met as evidenced by	1 2 3 4 5 6 7	Immediately on 3/7 director stopped any more comingling. Director stated she will conduct a training on regulation 101438.3 and send the topic and a list of participants to CCL by 3/15/23.
	8 9 10 11 12 13 14	Based on staff interviews and record review infants are comingling with preschool children. This is an immediate risk to the health, safety and personal rights of children in care.	8 9 10 11 12 13 14

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: Gilbert Sena
LICENSING EVALUATOR NAME: Patricia Berry
LICENSING EVALUATOR SIGNATURE:	DATE: 03/14/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2023

LIC9099 (FAS) - (06/04)

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Control Number 09-CC-20230228152554

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: ST. MARY'S MONTESSORI SCHOOL	FACILITY NUMBER: 364842076
	VISIT DATE: 03/14/2023

NARRATIVE

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LPA Berry informed director Deserie Martinez, today’s report documents Type A citations, which shall be posted for 30 consecutive days as there is an immediate risk to the health and safety of children in care.
Also, LPA Berry informed director, Deserie Martinez to provide a copy of this licensing report, dated 3/14/23, which documents the Type A citations, to parents/guardians of all children currently enrolled by the next business day, or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

An exit interview was conducted, and appeal rights discussed. LPA Berry provided facility representative with a copy of this report, notice of site visit, and appeal rights. Civil penalty LIC 421IM for $500.00 issued today. A copy of this report must be made available to the public upon request for three years.

SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Patricia Berry
LICENSING EVALUATOR SIGNATURE:	DATE: 03/14/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2023

LIC9099 (FAS) - (06/04)

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