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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 191227188
Report Date: 03/13/2024
Date Signed: 03/13/2024 12:04:46 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
This is an official report of an unannounced visit/investigation of a complaint received in our office on
01/29/2024 and conducted by Evaluator Nolan Tcheng
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20240129104438
FACILITY NAME:MADISON PRESCHOOLFACILITY NUMBER:
191227188
ADMINISTRATOR:PATRICIA GUZMANFACILITY TYPE:
850
ADDRESS:750 N. LOS ROBLESTELEPHONE:
(626) 793-1181
CITY:PASADENASTATE: CAZIP CODE:
91104
CAPACITY:22CENSUS: 9DATE:
03/13/2024
UNANNOUNCEDTIME BEGAN:
10:25 AM
MET WITH:Ana Reynoso - Lead TeacherTIME COMPLETED:
12:30 PM
ALLEGATION(S):
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Staff physically restrained day care child
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs) Nolan Tcheng and Jessica Hopkins-Hernandez conducted a subsequent inspection of a complaint investigation. Upon arrival at 10:25am, LPAs met with Lead Teacher Ana Reynoso, to whom the purpose of the inspection was explained. Tour of the facility was provided. There were children present during the time of inspection. Census was taken. There were 9 children with 7 staff members.

During the course of the investigation, interviews were conducted with reporting party, four staff members, two children, and four parents. Documentation in the form of Parent Handbook, Employee handbooks and Child Care Facility Roster were obtained.

Information from the complainant indicates that staff use their bodies in order to block and restrain child from moving freely.
REPORT CONTINUES PAGE 1 of 3
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:

DATE: 03/13/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/13/2024
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 33-CC-20240129104438
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: MADISON PRESCHOOL
FACILITY NUMBER: 191227188
VISIT DATE: 03/13/2024
NARRATIVE
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Per director, for discipline policy, “It depends, if the child does not want to listen. We remove them for circle time or whatever. There is a sofa in the corner that they can breathe and when they are ready to return they can come over. If they are in a playing area, if they do not want to share, then we use a timer and have the children share.” LPA observed a small child sofa in the corner of the classroom. This is a Special Education program and they will allow children to move from circle time or the area until they are ready to rejoin. Director states that they don’t do “time-outs.”

Staff interviews corroborated that there is a break area in the corner of the room for children to use to calm down if they need. LPA asked Staff #2 how teachers address situations of not following directions, “…if they are trying to access something that is not available, we try to do the visuals, We may try to remove the item from reach, we might block with the body.” Per staff, blocking with the body may happen twice a week, and it usually occurs when they are trying to “escape or elope” or if there are tantrums, teachers will block other children from coming over. Staff #3 says that blocking with the body may be necessary to “block the next area or standing next to them making sure they are not left alone.” Staff #4 states that staff use their body to block toys and activities to prevent access before clean up.”

During parent interviews, Parent #2 stated that “if they aren’t paying attention, there is a little corner with the little sofa, they will let the kids relax and give them a book.” Parent #3 also stated that their child uses the corner to calm down.

Based on the interviews conducted, the use of a staff member’s body to block a child in care from moving to another area is a violation of the child’s personal rights. LPA discussed with Lead Teacher Ana Reynoso regarding the use of the corner as an area for children in care to be sent if they are not behaving. Children should be allowed to move freely from area to area and staff should be using redirection in order to assist the child. Cooling off in that area is allowed by a staff member should be with them at all times so that they are not being “sent away” from the group.

Based on LPAs observations and interviews which were conducted and record review(s), the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 Chapter 101223 Personal Rights(a)(3)), are being cited on the attached deficiencies page.”)

REPORT CONTINUES PAGE 2 of 3

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:

DATE: 03/13/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/13/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 33-CC-20240129104438
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: MADISON PRESCHOOL
FACILITY NUMBER: 191227188
VISIT DATE: 03/13/2024
NARRATIVE
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Upon receipt of this report, the Licensee shall post the Notice of Site visit and any licensing report documenting a type “A” deficiency. The report and the Notice of Site visit shall be posted for 30 consecutive days. Failure to maintain posting as required, will result in an immediate $100 civil penalty. A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled children for the next 12 months (1 year). The Acknowledgement form must be maintained in each child’s file immediately upon receipt from parent. Licensee was provided with a copy of the parent Acknowledgement of Receipt of Licensing Reports Form during this visit. A copy of the Parent Notification Requirements was also provided to the licensee.Plan of correction was developed and copy of Report provided.

Exit interview conducted and report was reviewed with the Lead Teacher Ana Reynoso, at 11:55am. Plan of correction was developed and copy of Report provided.

END OF REPORT PAGE 3 of 3

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:

DATE: 03/13/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/13/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 6
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
This is an official report of an unannounced visit/investigation of a complaint received in our office on
01/29/2024 and conducted by Evaluator Nolan Tcheng
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20240129104438

FACILITY NAME:MADISON PRESCHOOLFACILITY NUMBER:
191227188
ADMINISTRATOR:PATRICIA GUZMANFACILITY TYPE:
850
ADDRESS:750 N. LOS ROBLESTELEPHONE:
(626) 793-1181
CITY:PASADENASTATE: CAZIP CODE:
91104
CAPACITY:22CENSUS: 9DATE:
03/13/2024
UNANNOUNCEDTIME BEGAN:
10:25 AM
MET WITH:Ana Reynoso - Lead TeacherTIME COMPLETED:
12:30 PM
ALLEGATION(S):
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Personal Rights
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs) Nolan Tcheng and Jessica Hopkins-Hernandez conducted a subsequent inspection of a complaint investigation. Upon arrival at 10:25am, LPAs met with Lead Teacher Ana Reynoso, to whom the purpose of the inspection was explained. Tour of the facility was provided. There were children present during the time of inspection. Census was taken. There were 9 children with7 staff members.

During the course of the investigation, interviews were conducted with reporting party, four staff members, two children, and five parents. Documentation in the form of Parent Handbook, Employee handbooks and Child Care Facility Roster were obtained.

Information from the complainant indicates that staff would grab and not allow a child to move their arms or legs.
REPORT CONTINUES PAGE 1 of 2
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:

DATE: 03/13/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/13/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 33-CC-20240129104438
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: MADISON PRESCHOOL
FACILITY NUMBER: 191227188
VISIT DATE: 03/13/2024
NARRATIVE
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Director interview states that, “We are not allowed to touch a child at any time.” In the case of a child running away from the area, the teacher will hold the child but not roughly." Director states they prefer to go to the child and get to their level to speak with them about it. Staff interviews continued to state that their staff might touch a child if there are dangers that would harm them, or if they are potentially a danger to themselves. Staff #4 states that, “We do hand over hand prompting and writing. Sometimes we will tap legs to crisscross at seats, holding hands on the way to lunches. Working with eating.” There were no disclosures regarding the above allegation.

Children made no disclosures of the above allegation.

Parents made not disclosures of the above allegation.

Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated

A notice of site visit was given and must remain posted for 30 days.

Exit interview conducted and report was reviewed with the Lead Teacher Ana Reynoso, at 11:55am. Copy of Report provided.

END OF REPORT PAGE 2 of 2

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:

DATE: 03/13/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/13/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 33-CC-20240129104438
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: MADISON PRESCHOOL
FACILITY NUMBER: 191227188
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/13/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
03/14/2024
Section Cited
CCR
101223(a)(3)
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Personal Rights
(3) To be free from corporal or unusual punishment..or other actions of a punitive nature including but not limited to: interference with functions of daily living...

This requirement is not met as evidenced by:
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Per Lead Teacher, they will conduct an all staff meeting to review the discipline policy as it is listed in the Parent Handbook and review Redirection as the method of correction. They will review Personal Rights. New memo will be provided to parents regarding the use of corner sofa as an
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Based on interview, Licensee did not ensure that children in care were free from unusual punishment, as corner of room was used for chikldren who were not listening. Staff used bodies to block children from moving to areas. This posed an immediate risk to the personal rights of children in care.
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area to voluntarily go. Area may be used as calming area but staff must be present with them. Staff meeting agenda and signed attendance sheet of staff will be provided to LPA by POC date.
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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: Claudia Guangorena
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:

DATE: 03/13/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/13/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 6