430710473-8-15-2024-07-CC-BDEL-DB7A3V-20241119225233

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 430710473
Report Date: 08/15/2024
Date Signed: 08/15/2024 04:00:31 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/08/2024 and conducted by Evaluator Melvin S Matos

PUBLIC

COMPLAINT CONTROL NUMBER: 07-CC-20240808131504

FACILITY NAME:	RAINBOW MONTESSORI CHILD DEVELOPMENT CENTER		FACILITY NUMBER:	430710473
ADMINISTRATOR:	JULIE LORA		FACILITY TYPE:	830
ADDRESS:	790 EAST DUANE AVENUE		TELEPHONE:	(408) 738-3261
CITY:	SUNNYVALE	STATE: CA	ZIP CODE:	94085
CAPACITY:	70	CENSUS: 37	DATE:	08/15/2024
		UNANNOUNCED	TIME BEGAN:	02:00 PM
MET WITH:	Julie Lora		TIME COMPLETED:	04:20 PM

ALLEGATION(S):

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Staff did not comply with regulations regarding infant care activities

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Mel Matos met with Julie Lora, Director, for an unannounced 10 day complaint investigation. LPA discussed the complaint allegation with Julie and also toured the Infant program (Rooms A, B, C, & D) with Julie during today's investigation.

Room B is for infants ages 6 weeks to 12 months, Room D is for infants 12-18 months, and Rooms A & C is for infants ages 12-24 months of age. Room B is the only room with a separate crib area, separated by a half wall, that has 12 cribs in it. Julie admitted to LPA that one infant was moved from Room B to Room D when the child was almost 8 months of age. Julie states that the infant was not walking yet, but was more mobile, and thus the reason he was moved to Room D. Children nap on cots in Rooms A, C, & D and have scheduled nap times (12:30 PM to 2:30 PM).

Based on interviews, observations, and evidence gathered during the investigation process, the Department concludes that staff did not comply with regulations regarding infant care activities since it moved a child younger than 12 months into a room with schedule nap times and no separate crib area for napping. The allegation noted above is thus found to be SUBSTANTIATED, meaning the allegation is valid because the preponderance of the evidence standard has been met.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Belinda Devall	TELEPHONE: (408) 598-5501
LICENSING EVALUATOR NAME: Melvin S Matos	TELEPHONE: (408) 334-8554
LICENSING EVALUATOR SIGNATURE:	DATE: 08/15/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2024

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 07-CC-20240808131504

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: RAINBOW MONTESSORI CHILD DEVELOPMENT CENTER	FACILITY NUMBER: 430710473
	VISIT DATE: 08/15/2024

NARRATIVE

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One "Type B" deficiency is being cited on the attached LIC 9099-D as a result of the Substantiated complaint investigation. Copy of Department regulations - Section 101430 - Infant Care Activities - of Title 22 was provided to Director, Julie Lora.

Exit interview conducted and report was reviewed with the Director, Julie Lora. Appeal rights was also provided to the Director, Julie Lora, prior to conclusion of today's investigation.

Notice of site visit was issued and posted by Director prior to the conclusion of today's investigation. LPA reminded Director, Julie Lora, that the notice of site visit must remain posted for 30 days

SUPERVISOR'S NAME: Belinda Devall	TELEPHONE: (408) 598-5501
LICENSING EVALUATOR NAME: Melvin S Matos	TELEPHONE: (408) 334-8554
LICENSING EVALUATOR SIGNATURE:	DATE: 08/15/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2024

LIC9099 (FAS) - (06/04)

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Control Number 07-CC-20240808131504

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: RAINBOW MONTESSORI CHILD DEVELOPMENT CENTER	FACILITY NUMBER: 430710473
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 08/15/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 08/26/2024 Section Cited CCR 101430(a)(3)	1 2 3 4 5 6 7	Infant Care Activities: All infants shall be given the opportunity to sleep without distraction or disturbance from other activities at the center whenever the infant desires. This requirement was not met as evidenced by: one infant child was moved to a room on 03/25/24 with no separate crib area at almost	1 2 3 4 5 6 7	Julie Lora, Director, states the Facility has changed the protocol for placement of infants within the four classrooms of the Facility. Julie states that only children ages 12 months and above are in the non-crib rooms since the beginning of August 2024.
	8 9 10 11 12 13 14	8 months of age. Children nap on cots in the classroom the child was moved to and have scheduled nap times (12:30 PM to 2:30 PM). This presents a potential risk to the health, safety, or personal rights of children in care.	8 9 10 11 12 13 14	Julie Lora, Director, agreed to submit a written Plan of Correction indicating what steps the Facility has implemented to ensure that all infants under 12 months shall be given the opportunity to sleep without distraction or disturbance from other activities at the center whenever the child desires.
	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: Belinda Devall	TELEPHONE: (408) 598-5501
LICENSING EVALUATOR NAME: Melvin S Matos	TELEPHONE: (408) 334-8554
LICENSING EVALUATOR SIGNATURE:	DATE: 08/15/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2024

LIC9099 (FAS) - (06/04)

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