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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 198020818
Report Date: 10/07/2022
Date Signed: 10/07/2022 01:18:17 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, 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
07/22/2022 and conducted by Evaluator Lilli Babcock
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20220722140736
FACILITY NAME:GATEWAY MONTESSORI & PRESCHOOL LLCFACILITY NUMBER:
198020818
ADMINISTRATOR:KARALLIYADDE, PUBUDUFACILITY TYPE:
850
ADDRESS:14121 COTEAU DR.TELEPHONE:
(562) 331-4221
CITY:WHITTIERSTATE: CAZIP CODE:
90604
CAPACITY:41CENSUS: 19DATE:
10/07/2022
UNANNOUNCEDTIME BEGAN:
09:15 AM
MET WITH:Owner Hewa De SilvaTIME COMPLETED:
01:40 PM
ALLEGATION(S):
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Teacher inappropriately disciplines children in care
Teacher yelled at child in care
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Lilli Babcock conducted an unannounced follow-up complaint inspection to deliver findings on the above allegations. A COVID risk assessment was conducted upon entry and appropriate PPE was used. LPA met with facility owner Hewa De Silva, to whom the reason for the visit was explained. LPA went on a tour of the facility. LPA observed 19 children and 3 staff present at the facility during this inspection.

During this investigation LPA conducted interviews with facility owner, five (5) staff, twelve (12) day care parents, and twelve (12) children. LPA Babcock also obtained several documents related to the complaint allegations, including but not limited to, a copy of the Facility Roster (LIC 9040), and Personnel Report (LIC 500).

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Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:

DATE: 10/07/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/07/2022
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
Control Number 33-CC-20220722140736
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: GATEWAY MONTESSORI & PRESCHOOL LLC
FACILITY NUMBER: 198020818
VISIT DATE: 10/07/2022
NARRATIVE
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Allegation #1: Teacher inappropriately disciplines children in care.

According to the allegation, a teacher was observed to have inappropriately disciplined children while in care by spanking and hitting them. Interviews by LPA revealed the following disclosures: Child #11 stated the teacher grabbed their forearm tightly and pulled it. Child #12 stated they observed this occurring to Child #11. Parent #4 stated Child # 11 and Child #3 were playing and Staff #2 grabbed them and scolded them as opposed to talking to them. Parent #4 stated they brought the incident of Staff #2 grabbing Child #11 to the facility owner, and the facility owner responded, “You are the only person complaining”. When LPA asked the Gateway owner “Has a parent ever come to you and told you Staff #2 grabbed their child’s arm?”, the owner responded “I told the parent, that would not happen here, and Staff #2 did not do that. Staff #2 explained to me that they would just hold the child’s hand if the child needed a break, it’s not grabbing.” Child #1 stated she saw a teacher “slap (Child #2) in the head”. Child #1 additionally stated, “When (Child # 2) slapped the teacher, and the teacher slapped him again, the teacher hit him in the mouth, like this” and then Child #1 mimicked hitting their mouth with an open hand. Child #1 also stated the teacher has hit her as well with an open hand, saying “She hits my chest”. Staff made no disclosures regarding inappropriately disciplining children in care.

Allegation #2: Teacher yelled at child in care.

Complaint alleges that a teacher was observed yelling several times at children. During interviews with children in care, Child #11 stated Staff #2 “yelled and was mean”; Child #6 stated the teacher yelled, “No”; and Child #1 when asked if she likes her school, stated “It’s a bit scary when Staff #2 gets angry all the time”. Parent interviews revealed the following: Parent #10 reported they heard a teacher yelling “Stop it!” Parent #10 stated, “I was outside, and the door was closed. It was loud!”. Parent #3 stated their child didn’t like the teachers, because their child said, “they yelled and looked mad” and told her daughter to “stop crying”. Parent #4 stated she witnessed Staff #2 yelling at the children. Staff made no disclosures regarding yelling at children in care.

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SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:

DATE: 10/07/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/07/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 33-CC-20220722140736
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: GATEWAY MONTESSORI & PRESCHOOL LLC
FACILITY NUMBER: 198020818
VISIT DATE: 10/07/2022
NARRATIVE
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Based on the information gathered, and interviews conducted, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED.

California Code of Regulations, Title 22 Chapter 1 are being cited on the attached 9099D. Deficiencies that are being cited need to be cleared to protect the children’s health and safety.

LPA Lilli Babcock informed facility representative, Hewa De Silva, that this report dated 10/7//2022 documents 2 Type A citations which shall be posted for 30 consecutive days as there is immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Lilli Babcock informed the facility representative to provide a copy of this licensing report dated 10/7/22 that documents any Type A citation 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.

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


Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

Exit interview conducted and report was reviewed with facility owners Hewa De Silva and Pubudu Karalliyadde.

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SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:

DATE: 10/07/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/07/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 33-CC-20220722140736
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: GATEWAY MONTESSORI & PRESCHOOL LLC
FACILITY NUMBER: 198020818
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/07/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
10/07/2022
Section Cited
CCR
101223.2(a)
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101223.2(a) Any form of discipline or punishment that violates a child's personal rights as specified in Section 101223 shall not be permitted...

This requirement was not met as evidenced by:
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Facility owners stated they will dismiss staff #2, Hewa De Silva will provide staff a copy of Personal Rights form LIC 613A and obtain signed, dated, and written declarations from all staff stating the staff member has read and understands the contents of LIC 613A Personal Rights form and will not violate
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Based on statement from original complainant and interviews with children and parents who disclosed staff pulled childs forearm and scolded a child, and hit a child, facility did not ensure childrens personal rights which poses an immediate health and safety risk to persons in care.
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a childs personal rights in the preschool or infant programs. The delcarations will be put in the staff files.
Type A
10/07/2022
Section Cited
CCR
101223(a)(3)
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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.
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Facility owner, Hewa De Silva will provide staff a copy of Personal Rights form LIC 613A and obtain signed, dated, and written declarations from all staff stating the staff member has read and understands the contents of LIC 613A Personal Rights form and will not violate
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This requirement was not met as evidenced by:
Based on interviews with parents and children in care who disclosed that teachers at the facility yelled at children in care.
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a childs personal rights in the preschool or infant programs. The delcarations will be put in the staff files.
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: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:

DATE: 10/07/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/07/2022
LIC9099 (FAS) - (06/04)
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