073408260-11-3-2022-02-CC-LDYN-CL533T-20221112165404

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 073408260
Report Date: 11/03/2022
Date Signed: 11/03/2022 04:04:33 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, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/15/2022 and conducted by Evaluator Phyllis Dyer

PUBLIC

COMPLAINT CONTROL NUMBER: 02-CC-20220815150241

FACILITY NAME:	CREATIVE MONTESSORI PRESCHOOL		FACILITY NUMBER:	073408260
ADMINISTRATOR:	AKTER, SILVIA		FACILITY TYPE:	850
ADDRESS:	1350 MORAGA WAY		TELEPHONE:	(925) 377-8314
CITY:	MORAGA	STATE: CA	ZIP CODE:	94556
CAPACITY:	23	CENSUS: 12	DATE:	11/03/2022
		UNANNOUNCED	TIME BEGAN:	12:10 PM
MET WITH:	Silvia Akter		TIME COMPLETED:	04:20 PM

ALLEGATION(S):

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8
9

Personal Rights - Staff handled day care child in an inappropriate manner.

INVESTIGATION FINDINGS:

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13

LPA Dyer conducted an unannounced complaint inspection to deliver the findings of the above allegation. LPA met with director Sylvia Akter. Present at the facility: the director, 1 preschool teacher, and 12 preschool children.
It was alleged that Staff handled day care child in an inappropriate manner. During the course of the investigation, interviews were conducted.
Complainant states that a child was “cuffed” in the back of the head by the director when he cried. Director states she has never hit or pushed a child on the back of the head. When children cry, she questions them to find the reason why (to see if anyone is bothering the child, if the child misses their parents, etc.). Director also states she has never seen anyone else hit or push a child on the back of the head at the facility.
Conflicting statements were made by both parties. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur. Therefore, the results are Unsubstantiated. Exit interview conducted. Appeal rights were discussed and given. Notice of Site visit must be posted for 30 days.

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Loretta Dyson
LICENSING EVALUATOR NAME: Phyllis Dyer
LICENSING EVALUATOR SIGNATURE:	DATE: 11/03/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/03/2022

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 4

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/15/2022 and conducted by Evaluator Phyllis Dyer

PUBLIC

COMPLAINT CONTROL NUMBER: 02-CC-20220815150241

FACILITY NAME:	CREATIVE MONTESSORI PRESCHOOL		FACILITY NUMBER:	073408260
ADMINISTRATOR:	AKTER, SILVIA		FACILITY TYPE:	850
ADDRESS:	1350 MORAGA WAY		TELEPHONE:	(925) 377-8314
CITY:	MORAGA	STATE: CA	ZIP CODE:	94556
CAPACITY:	23	CENSUS: 12	DATE:	11/03/2022
		UNANNOUNCED	TIME BEGAN:	12:10 PM
MET WITH:	Silvia Akter		TIME COMPLETED:	04:20 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Qualifications - Staff do not meet the qualifications to care and supervise children.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

LPA Dyer conducted an unannounced complaint inspection to deliver the findings of the above allegation. LPA met with director Sylvia Akter. Present at the facility: the director, 1 preschool teacher, and 12 preschool children.
It was alleged that Staff do not meet the qualifications to care and supervise children. During the course of the investigation, interviews were conducted and file reviews were completed. It was determined that there are Staff who do not meet the qualifications to care and supervise children.
Based on the LPA's observations and interviews which were conducted and record review(s), the preponderance of evidence standard has been met. Therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12), are being cited on the attached LIC 9099D and must be corrected by the due date.
Exit interview conducted. Appeal rights were discussed and given. Notice of Site visit must be posted for 30 days.

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Loretta Dyson
LICENSING EVALUATOR NAME: Phyllis Dyer
LICENSING EVALUATOR SIGNATURE:	DATE: 11/03/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/03/2022

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 02-CC-20220815150241

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: CREATIVE MONTESSORI PRESCHOOL	FACILITY NUMBER: 073408260
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 11/03/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 12/05/2022 Section Cited CCR 101216.1	1 2 3 4 5 6 7	101216.1(b)(1)(a) Teacher Qualifications and Duties. After employment, a teacher hired under (b) above shall complete, with passing grades, at least two units each semester or quarter until the education requirement specified in (c)(1) below is met.	1 2 3 4 5 6 7	Director states that she will make sure that staff have the proper qualifications and provide those records in the employee files of all staff by the POC due date. Documents shall be provided by mail, fax or e-mail.
	8 9 10 11 12 13 14	This requirement was not met as evidenced by record review: Staff working alone in preschool class did not have the proper qualifications. This poses a potential risk to the Personal Rights/Health and safety of children in care.	8 9 10 11 12 13 14	Failure to correct will result in a $100 per day civil penalty until corrected. Repeat violations are $250 per violation and $100 per day until corrected.
	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.

SUPERVISORS NAME: Loretta Dyson
LICENSING EVALUATOR NAME: Phyllis Dyer
LICENSING EVALUATOR SIGNATURE:	DATE: 11/03/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/03/2022

LIC9099 (FAS) - (06/04)

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