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Department of
SOCIAL SERVICES
Community Care Licensing
FACILITY EVALUATION REPORT
Facility Number:
434414335
Report Date:
05/23/2023
Date Signed:
05/23/2023 03:32:04 PM
Document Has Been Signed on
05/23/2023 03:32 PM
- It Cannot Be Edited
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office
,
2580 N FIRST STREET, STE. 300
SAN JOSE
,
CA
95131
FACILITY NAME:
ABC LEARNING MONTESSORI, LLC
FACILITY NUMBER:
434414335
ADMINISTRATOR:
SANDRA YVETTE CALDERON
FACILITY TYPE:
850
ADDRESS:
15345 CALLE ENRIQUE
TELEPHONE:
(408) 465-2015
CITY:
MORGAN HILL
STATE:
CA
ZIP CODE:
95037
CAPACITY:
50
CENSUS:
37
DATE:
05/23/2023
TYPE OF VISIT:
Case Management - Annual Continuation
UNANNOUNCED
TIME BEGAN:
09:46 AM
MET WITH:
Sandra Yvette Calderon
TIME COMPLETED:
02:30 PM
NARRATIVE
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Licensing Program Analyst (LPA) Samantha Yip conducted an unannounced case management-annual continuation inspection. LPA met with Director Sandra "Yvette" Calderon and explained the reason for the inspection. The purpose of this inspection is to complete the required-1 year conducted on 05/18/2023. Present during today's inspection were 39 children and at least six (6) staff. At 10:08AM, LPA observed that a staff was standing outside of the restroom while children were inside. Bathrooms have stalls and wall, which prevents staff from visually supervising children in the restroom. At 11:39AM, LPA observed that there were two children who came out from Room 2 to the hallway and went to the bathroom. Director was in the hallway at the time. There was a staff in the bathroom. Staff in Room 2 was positioned at the door leading to the outside area. LPA discussed with Director that children need to be visually supervised at all time when going from the room to the restroom and while in the restroom.
LPA toured the inside and outside of the center with Director on 05/18/2023 and 05/23/2023. There are toys and equipment for children. The bathroom for children were observed to be in functioning condition. During today's inspection, LPA observed that all the panels and metal brackets on the ceiling were repaired. There is a fully charged fire extinguisher, smoke detector, and carbon monoxide detector. The last fire/disaster drill was conducted on 03/15/2023. Director stated that there are no weapons, such as firearms, stored on the premise.
--------------------continues on 809 dated 05/23/2023 page 2----------------------
SUPERVISOR'S NAME:
Joel Segura
TELEPHONE:
(408) 334-8550
LICENSING EVALUATOR NAME:
Samantha Yip
TELEPHONE:
(408) 529-8128
LICENSING EVALUATOR SIGNATURE:
DATE:
05/23/2023
I acknowledge receipt of this form and understand my
licensing
appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
05/23/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC809
(FAS) - (06/04)
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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office
,
2580 N FIRST STREET, STE. 300
SAN JOSE
,
CA
95131
FACILITY NAME:
ABC LEARNING MONTESSORI, LLC
FACILITY NUMBER:
434414335
VISIT DATE:
05/23/2023
NARRATIVE
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-----------------continuation of 809 dated 05/23/2023 page 1-----------------------
The outdoor activity area is fenced. Area around play structure have resilient material. Shaded rest area is provided through the covered patio. During inspection on 05/18/2023, LPA observed that there was animal feces in the playground area. Director had a staff pick up feces during inspection. There were no bodies of water observed during both inspections. LPA discussed with Director about checking fence. LPA observed that a portion of the fence on the left-hand side closer to the front of center was starting to lean. Fence was not giving way.
LPA discussed with Director the ratio during naptime and there can be one teacher or aide supervising 24 napping children.
This facility provides Incidental Medical Services – IMS. LPA reviewed storage of medication and equipment/supplies, and reviewed children’s, personnel, and administrative records. LPA observed that C-1's medication was in the original box, but did not have the label on it. C-2's medication expired on 01/2019. For IMS information, see PIN 22-02-CCP. The following information regarding ADA was provided: US Department of Justice (USDOJ) toll-free ADA Information Line at (800) 514-0301 (voice)/ (800) 514-0383 (TTY) and link to publication: Commonly Asked Questions about Child Care Centers and the ADA, available at:
http://www.ada.gov/childqanda.htm
.
A copy of the facility was obtained. Six (6) children's files were reviewed during today's inspection. The records reviewed include but not limited to physician's report and immunization records. C-3 did not have physician's report on file and C-4 did not have screening for TB risk factor checked off. Facility has an age exception for C-5. Staff check the child when they are napping, but does not document the name of the child, time checked, and the initial of the staff who checked the child.
----------------------continues on 809 dated 05/23/2023 page 3---------------------
SUPERVISOR'S NAME:
Joel Segura
TELEPHONE:
(408) 334-8550
LICENSING EVALUATOR NAME:
Samantha Yip
TELEPHONE:
(408) 529-8128
LICENSING EVALUATOR SIGNATURE:
DATE:
05/23/2023
I acknowledge receipt of this form and understand my licensing appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
05/23/2023
LIC809
(FAS) - (06/04)
Page:
2
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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office
,
2580 N FIRST STREET, STE. 300
SAN JOSE
,
CA
95131
FACILITY NAME:
ABC LEARNING MONTESSORI, LLC
FACILITY NUMBER:
434414335
VISIT DATE:
05/23/2023
NARRATIVE
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--------------------continuation of 809 dated 05/23/2023 page 2-------------------
Eight staff files were reviewed. The records reviewed include but not limited to education credit, Mandated Reporter training, and health screening. S-1 completed the Mandated Reporter training last on 01/20/2021 and S-2 completed the Mandated Reporter training last on 04/05/2021. S-3 only has certificate for the General Mandated Reporter training on file. LPA discussed with Director that Mandated Reporter training requires renewal every two years and that staff need to completed the training for child care providers. S-4 is missing Health Screening in file. LPA discussed with Director that the health screening cannot be more than a year old. S-3's health screening and TB test are more than a year old. Director completed the CPR/1st Aid online on 08/02/2022. LPA discussed with Director that online CPR/1st Aid is not accepted.
All staff present have cleared fingerprints. Director 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.
At 1204PM, LPA observed a staff yelling no three times. LPA discussed with Director that children's personal rights cannot be violated.
Facility will submit the following:
- proof of schedule lead testing
- Director paperwork for substitute by 06/26/2023
- sleep log
- proof of scissors and tweezer for first aid kit
- proof of staff with in-person CPR/1st Aid card
As a result of this inspection, Type B citations were issued. Exit interview conducted and report was reviewed with Director Yvette Calderon. A notice of site visit has been issued and must remain posted for 30 days.
SUPERVISOR'S NAME:
Joel Segura
TELEPHONE:
(408) 334-8550
LICENSING EVALUATOR NAME:
Samantha Yip
TELEPHONE:
(408) 529-8128
LICENSING EVALUATOR SIGNATURE:
DATE:
05/23/2023
I acknowledge receipt of this form and understand my licensing appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
05/23/2023
LIC809
(FAS) - (06/04)
Page:
3
of
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Document Has Been Signed on
05/23/2023 03:32 PM
- It Cannot Be Edited
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office
,
2580 N FIRST STREET, STE. 300
SAN JOSE
,
CA
95131
FACILITY NAME:
ABC LEARNING MONTESSORI, LLC
FACILITY NUMBER:
434414335
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE:
05/23/2023
DEFICIENCIES & PLANS OF CORRECTION (POCs)
Type B
Section Cited
CCR
101226(e)(1)(B)
Health-Related Services
(e) In centers where the licensee chooses to handle medications: (1) All prescription and nonprescription medications shall be centrally stored in accordance with the requirements specified below: (B) Each container shall have an unaltered label.
This requirement is not met as evidenced by:
Deficient Practice Statement
1
2
3
4
Based on observation, the licensee did not comply with the section cited above in one out of one persons, which poses a potential health, safety or personal rights risk to persons in care. Medication for C-1 did not have the label on the container.
POC Due Date:
05/30/2023
Plan of Correction
1
2
3
4
By POC 05/30/2023, Director will send proof that the center will be getting container with an unaltered label. Director will send a picture of the container with an ualtered label once obtained.
Type B
Section Cited
CCR
101238(g)
Buildings and Grounds
(g) Disinfectants, cleaning solutions, poisons and other items that could pose a danger if readily available to children shall be stored where inaccessible to children.
This requirement is not met as evidenced by:
Deficient Practice Statement
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2
3
4
Based on observation, the licensee did not comply with the section cited above, which posed a potential health, safety or personal rights risk to persons in care. LPA observed that the kitchen door was open. Kitchen had cleaning supplies under the kitchen sink. Director closed door during inspection. There is also a lock on the door.
POC Due Date:
05/30/2023
Plan of Correction
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2
3
4
Deficiency was corrected during inspection. Director closed door.
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:
Joel Segura
TELEPHONE:
(408) 334-8550
LICENSING EVALUATOR NAME:
Samantha Yip
TELEPHONE:
(408) 529-8128
LICENSING EVALUATOR SIGNATURE:
DATE:
05/23/2023
I acknowledge receipt of this form and understand my
appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
05/23/2023
LIC809
(FAS) - (06/04)
Page:
4
of
12
Document Has Been Signed on
05/23/2023 03:32 PM
- It Cannot Be Edited
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office
,
2580 N FIRST STREET, STE. 300
SAN JOSE
,
CA
95131
FACILITY NAME:
ABC LEARNING MONTESSORI, LLC
FACILITY NUMBER:
434414335
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE:
05/23/2023
DEFICIENCIES & PLANS OF CORRECTION (POCs)
Type B
Section Cited
HSC
1597.16(a)(1)
Lead Testing
(1) A licensed child day care center, as defined in Section 1596.76, that is located in a building that was constructed before January 1, 2010, shall have its drinking water tested for lead contamination levels on or after January 1, 2020, but no later than January 1, 2023, and every five years after the date of the initial test.
This requirement is not met as evidenced by:
Deficient Practice Statement
1
2
3
4
Based on interview, the licensee did not comply with the section cited above, which poses a potential health, safety or personal rights risk to persons in care. Director stated that they have not completed the lead testing.
POC Due Date:
05/30/2023
Plan of Correction
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2
3
4
By POC 05/30/2023, Director will send proof of when lead testing will be completed.
Type B
Section Cited
CCR
101229(a)(1)
Responsibility for Providing Care and Supervision
(a) The licensee shall provide care and supervision as necessary to meet the children's needs. (1) No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation.
This requirement is not met as evidenced by:
Deficient Practice Statement
1
2
3
4
Based on observation, the licensee did not comply with the section cited above, which poses a potential health, safety or personal rights risk to persons in care. LPA observed two children walked out of Room 2 into the hallway towards the restroom. LPA also observed that staff was standing outside of the restroom, where they cannot visually supervise children in the restroom.
POC Due Date:
05/30/2023
Plan of Correction
1
2
3
4
By POC 05/30/2023, Director will conduct training with staff and send meeting notes and who had training.
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:
Joel Segura
TELEPHONE:
(408) 334-8550
LICENSING EVALUATOR NAME:
Samantha Yip
TELEPHONE:
(408) 529-8128
LICENSING EVALUATOR SIGNATURE:
DATE:
05/23/2023
I acknowledge receipt of this form and understand my
appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
05/23/2023
LIC809
(FAS) - (06/04)
Page:
5
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Document Has Been Signed on
05/23/2023 03:32 PM
- It Cannot Be Edited
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office
,
2580 N FIRST STREET, STE. 300
SAN JOSE
,
CA
95131
FACILITY NAME:
ABC LEARNING MONTESSORI, LLC
FACILITY NUMBER:
434414335
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE:
05/23/2023
DEFICIENCIES & PLANS OF CORRECTION (POCs)
Request Denied
Type B
Section Cited
CCR
101230(c)
Activities/Napping
(c) A teacher-child ratio of one teacher supervising 24 napping children is permitted provided that the remaining teachers necessary to meet the overall ratio specified in Section 101216.3(a) are immediately available at the center.
This requirement is not met as evidenced by:
Deficient Practice Statement
1
2
3
4
Based on observation, the licensee did not comply with the section cited above, which poses a potential health, safety or personal rights risk to persons in care. During inspection on 05/18/2023, LPA observed that children were lying down on their cots, but not all were asleep. There were two staff present. One staff brought the children to the restroom leaving one staff with the children.
POC Due Date:
05/30/2023
Plan of Correction
1
2
3
4
By POC 05/30/2023, Director will conduct written plan on how she will ensure that facility is within ratio during nap time.
Type B
Section Cited
CCR
101226(e)(3)(A)
Health-Related Services
(3) Prescription medications may be administered if all of the following conditions are met: (A) Prescription medications shall be administered in accordance with the label directions as prescribed by the child's physician.
This requirement is not met as evidenced by:
Deficient Practice Statement
1
2
3
4
Based on record review, the licensee did not comply with the section cited above in one out of one persons, which poses a potential health, safety or personal rights risk to persons in care. C-2's medication expired on 01/2019.
POC Due Date:
05/30/2023
Plan of Correction
1
2
3
4
By POC 05/30/2023, Director will send proof that an updated medication is being obtained and send proof of medication once obtained.
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:
Joel Segura
TELEPHONE:
(408) 334-8550
LICENSING EVALUATOR NAME:
Samantha Yip
TELEPHONE:
(408) 529-8128
LICENSING EVALUATOR SIGNATURE:
DATE:
05/23/2023
I acknowledge receipt of this form and understand my
appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
05/23/2023
LIC809
(FAS) - (06/04)
Page:
6
of
12
Document Has Been Signed on
05/23/2023 03:32 PM
- It Cannot Be Edited
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office
,
2580 N FIRST STREET, STE. 300
SAN JOSE
,
CA
95131
FACILITY NAME:
ABC LEARNING MONTESSORI, LLC
FACILITY NUMBER:
434414335
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE:
05/23/2023
DEFICIENCIES & PLANS OF CORRECTION (POCs)
Type B
Section Cited
CCR
101229.1(a)(1)
Sign In and Sign Out
(a) In addition to the sign-in procedure requirement of Section 101226.1(b), the licensee shall develop, maintain and implement a written procedure to sign the child in/out of the child care center that shall, at a minimum, include the following: (1) The person who signs the child in/out shall use his/her full legal signature and shall record the time of day.
This requirement is not met as evidenced by:
Deficient Practice Statement
1
2
3
4
Based on record review, the licensee did not comply with the section cited above, which poses a potential health, safety or personal rights risk to persons in care. On 05/18/2023, LPA observed that there were 34 children present, but only 22 signed in.
POC Due Date:
05/30/2023
Plan of Correction
1
2
3
4
By POC 05/30/2023, Director will submit plan on how she will ensure that children are signed in and out at all time.
Type B
Section Cited
CCR
101429(a)(2)(C)
Documentation shall be maintained in the infant’s file and be available to the Department for review. Documentation shall include the following: 1. Date. 2.Infant’s name. 3.Time of each 15-minute check. 4.Initials of staff person who conducted each check.
This requirement is not met as evidenced by:
Deficient Practice Statement
1
2
3
4
Based on interview, the licensee did not comply with the section cited above, which posed a potential health, safety or personal rights risk to persons in care. Center has an age limit exception. Staff are checking child, but not documenting that they are checking the child.
POC Due Date:
05/30/2023
Plan of Correction
1
2
3
4
By POC 05/30/2023, Director will send sleep log.
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:
Joel Segura
TELEPHONE:
(408) 334-8550
LICENSING EVALUATOR NAME:
Samantha Yip
TELEPHONE:
(408) 529-8128
LICENSING EVALUATOR SIGNATURE:
DATE:
05/23/2023
I acknowledge receipt of this form and understand my
appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
05/23/2023
LIC809
(FAS) - (06/04)
Page:
7
of
12
Document Has Been Signed on
05/23/2023 03:32 PM
- It Cannot Be Edited
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY
FACILITY EVALUATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office
,
2580 N FIRST STREET, STE. 300
SAN JOSE
,
CA
95131
FACILITY NAME:
ABC LEARNING MONTESSORI, LLC
FACILITY NUMBER:
434414335
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE:
05/23/2023
DEFICIENCIES & PLANS OF CORRECTION (POCs)
Type B
Section Cited
HSC
1596.8662(b)(1)
On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child care provider, administrator, or employee of a licensed child day care facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a), and shall complete renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training.
This requirement is not met as evidenced by:
Deficient Practice Statement
1
2
3
4
Based on record review, the licensee did not comply with the section cited above in two out of eight persons, which poses a potential health, safety or personal rights risk to persons in care. Two staff did not renewal mandated reporter training two years follwing the date they last completed. One only has certificate for the general training on file.
POC Due Date:
07/10/2023
Plan of Correction
1
2
3
4
By POC 07/10/2023, staff will completed mandated reporter training and send proof to licensing.
Type B
Section Cited
CCR
101223(a)(3)
The licensee shall ensure that each child is accorded the following personal rights:
To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.
This requirement is not met as evidenced by:
Deficient Practice Statement
1
2
3
4
Based on observation, the licensee did not comply with the section cited above, which poses a potential health, safety or personal rights risk to persons in care. LPA observed a staff yell no three times.
POC Due Date:
05/30/2023
Plan of Correction
1
2
3
4
By POC 05/30/2023, Director stated that she will conduct training with staff and send meeting notes and staff who attended training.
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:
Joel Segura
TELEPHONE:
(408) 334-8550
LICENSING EVALUATOR NAME:
Samantha Yip
TELEPHONE:
(408) 529-8128
LICENSING EVALUATOR SIGNATURE:
DATE:
05/23/2023
I acknowledge receipt of this form and understand my
appeal rights as
explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE:
05/23/2023
LIC809
(FAS) - (06/04)
Page:
12
of
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