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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371233
Report Date: 08/19/2022
Date Signed: 08/19/2022 03:31:12 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, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/22/2022 and conducted by Evaluator Stella Gutierrez
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20220622120013
FACILITY NAME:GUIDEPOST MONTESSORI AT LAS FLORESFACILITY NUMBER:
304371233
ADMINISTRATOR:BARTOLOME, KRISTAFACILITY TYPE:
850
ADDRESS:28672 DEERPATHTELEPHONE:
(949) 339-2010
CITY:RANCHO STA MARGARITASTATE: CAZIP CODE:
92688
CAPACITY:77CENSUS: 20DATE:
08/19/2022
UNANNOUNCEDTIME BEGAN:
11:01 AM
MET WITH:Lisa Kathleen, Interim Director TIME COMPLETED:
01:45 PM
ALLEGATION(S):
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Personal Rights - Day care child was handled in a rough manner while in care.
INVESTIGATION FINDINGS:
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On 08/19/2022 Licensing Program Analyst, Stella Gutierrez made an unannounced visit to Guidepost Montessori at Las Flores for the purpose of to deliver findings and conclude an investigation of a complaint for the above mention alleged allegation that was received on 06/22/2022. LPA was met by Interim director, Lisa Kathleen who was explained the reason for today’s visit.

A review of the Facility Personnel Report Summary conducted on 08/19/2022 indicates all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 06/22/2022 a complaint was received alleging that on 05/23/2022 Child #1 (C1) was handled in a rough manner while in care. The complainant alleges that a teacher walked over to the C1, grabbed C1’s upper arms with both hands, picked C1 up a little, and put C1 down on a chair.
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Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Stella Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/19/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/19/2022
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 7
Control Number 06-CC-20220622120013
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: GUIDEPOST MONTESSORI AT LAS FLORES
FACILITY NUMBER: 304371233
VISIT DATE: 08/19/2022
NARRATIVE
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LPA, Gutierrez interviewed the Parent of the C1 on 06/24/2022. The Parent of C1 stated that on 05/26/2022 C1 shared that Staff #1 puts hands on C1 in a rough manner when Staff #1 is asking C1 to stop doing something. In addition, Staff #1 grabs C1’s face when the child spits. It was further stated that C1 told the parent that Staff #2 holds his/her. The parent informed Director of the concerns with Staff #1 and Staff #2. According to the Parent, Director stated that she would investigate the incidents that the C1 disclosed. Parent stated that the same day that the incident was expressed to the director, the parent was invited in to the center director’s office to view video footage of 05/23/2022 of C1 and Staff #1. Parent stated that the video footage depicted C1 having a tantrum by kicking and knocking down chairs. Parent then stated that Staff #1 appears in the frame and was observed handling the child in a rough manner and taking C1 in the restroom.

On 06/29/2022 LPA, Gutierrez conducted a complaint investigation at the facility. LPA, Gutierrez interviewed 4 staff members and 5 children during the inspection. Director, Krista Bartolome stated that S1 admitted to the Director putting their hands over the C1 mouth when C1 spits.
Director stated she is unclear but thinks that C1 was left in the restroom for about 5 minutes, based on the video footage that she viewed.

LPA, Gutierrez and Regional Manager, Bertha Manzanares interviewed, Staff #1. Initially LPA, Gutierrez conducted the interview and subsequently requested Regional Manager, Manzanares to assist with the interview due to Staff #1 being distraught. Regional Manager, Manzanares advised Staff #1 to be forthcoming about the incident that took place on 05/23/2022. Staff #1 stated that C1 was misbehaving by kicking and spitting. Staff #1 then stated that on 05/23/2022 while caring for 12 children, Staff #1 took C1 and placed C1 in the chair and when child would get up S1 would place child back in chair. Staff #1 further stated “The way I put C1 on the chair was not gentle, I know. “It was not the Montessori way. Montessori teachers are always to be gentle. It was because I was carrying the child to the bathroom.”
S1 was asked if that was an appropriate manner to engage with a child and response from S1 was “No, not appropriate, I should have used my words, not my hands”

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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Stella Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/19/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/19/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 06-CC-20220622120013
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: GUIDEPOST MONTESSORI AT LAS FLORES
FACILITY NUMBER: 304371233
VISIT DATE: 08/19/2022
NARRATIVE
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Staff #1 stated that this happened daily and S1 would reach out to the Director, Krista Bartolome for support and ask for help. S1 stated the response by the Director was to remove C1 from the classroom, Director would calm the C1 down and then bring the C1 back to that the classroom. Staff #1 stated that the behavior continued when C1 would return to the classroom and that it was overwhelming when caring for C1 and 11 additional children on their own. Staff #1 notified the Director of being overwhelmed, the Director did not provide additional assistance, director stated that the classroom was in ratio and no additional staff was needed. Staff #1 stated that this happened at least twice daily when the C1 was present at the facility.

Initially Staff #1 did not provide a statement on the incident of 05/23/22 it was not until the video was shown to Staff #1 that Staff began to make disclosures while viewing the video footage for the first time. Staff #1 apologizes “I feel very sorry to this child”, “My behavior was not good; I feel very sorry about it. Staff #1 did disclose that C1 was left in the restroom on chair for about 4 minutes that day. Staff #1 stated she was not provided training in regards to discipline except to ensure that food is not taken from children.

LPA Gutierrez interviewed Staff #2 regarding the allegation of ‘holding the C1”. During the interview on 08/05/2022 via phone, Staff #2 was asked what “holding C1” meant. Staff #2 stated that, “holding is when a child is putting themselves or others in danger. It's like we put their arms down and hold their hands”. “Not really holding them but making sure they don't hurt others. S2 also stated that S1 had reached out many times to ask for help with C1 because S1 was overwhelmed and unable to control the situation. S2 stated that they were not receiving any support from the facility Director.

All staff stated that there were no recent training's addressing the policy of discipline prior to 05/23/2022. On 06/29/2022 all staff interviewed stated that there was a training on discipline policy since the incident occurred on 05/23/2022. The discipline policy training was conducted on 06/22/2022 via video provided by the director. LPA, Gutierrez observed the video footage. Staff #1 appears in the frame approaching C1 who is sitting on the chair that was knocked down. Staff #1 grabs C1 by the right arm to remove the child from the knocked down chair. Staff #1 picks C1 up by both arms elevating the child’s body and then slamming the child down on his/her two feet. C1 then starts to cry and says the word “No” 4 times to Staff #1. Staff #1 then walks away from C1 towards restroom where other children are and then immediately turns around back to C1 who is still crying. Staff #1 picks C1 up by the two upper arms elevating the child’s body off the floor about a ½ ft dangling the child on the way to the restroom. Staff #1 enters the door of the restroom still holding child by the arms (dangling) and disappears off the camera frame and into the restroom. Staff #1 then exits the restroom Staff #1 walks away leaving C1 in the restroom alone unsupervised. Video came to an end. Page 3 of 5

SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Stella Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/19/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/19/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 06-CC-20220622120013
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: GUIDEPOST MONTESSORI AT LAS FLORES
FACILITY NUMBER: 304371233
VISIT DATE: 08/19/2022
NARRATIVE
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On 06/29/2022 LPA, Gutierrez interviewed 5 children at the facility that were in the same classroom as the C1. During the interview’s children were asked what Staff #1 would do when the C1 did not listen. The majority of the children stated Staff #1 would hold C1 arms and legs down, put C1 in the restroom on a chair when C1 was not behaving and Staff #1 would scream at C1 when C1 would not listen.

On 07/18/2022 and 07/19/2022 LPA, Gutierrez conducted 05 parent interviews and of the parent’s interviews there were no disclosures that relate to the incident being investigated.

On 08/19/2022 LPA, Gutierrez 2 staff follow up interviews and 05 additional children's interviews were conducted regarding what "holding" (retraining) is. Staff #2 stated and demonstrated what "holding" was. Staff#2 stated and demonstrated that holding is when a teacher is in sitting position and staff would put the child faced outward while holding child between their knees and staff would put their own right forearm around he child. Staff #2 also stated that he/she has observed other staff holding. S3 stated and demonstrated what holding was that coincides with the same statement and demonstration of Staff #2. Child #6 and Child #7 stated that when they get in trouble at school, the staff will hold or hug them.

Based on observation provided of the video footage and statements from Staff and Children, the allegation of personal rights- Day care child was handled in a rough manner while in care and staff restraining C1 is substantiated. It was further revealed from statements from a majority of the staff interviewed that the facility director, Kristaloi (Krista) Bartolome did not provide the S1 or C1 with additional support or resources.



A substantiated finding means that the complaint is substantiated, and the allegation is valid because the preponderance of the evidence standard has been met. The following violations were revealed and are being cited in accordance with California Code of Regulations, Title 22, Division 12, Chapter 1, article 6, Personal Rights -101223(a)(1)(3) and Administrator Qualifications and Duties 101215 (b)(1)(5) 1 Type A and 1 Type B deficiencies will be cited today. Please refer to attached 9099 (D).

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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Stella Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/19/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/19/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 7
Control Number 06-CC-20220622120013
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: GUIDEPOST MONTESSORI AT LAS FLORES
FACILITY NUMBER: 304371233
VISIT DATE: 08/19/2022
NARRATIVE
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LPA, Stella Gutierrez informed the interim director that this report dated 08/19/2022 document(s) 1 Type A citations which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care. Also, LPA, Stella Gutierrez informed the Interim director to provide a copy of this licensing report dated 08/19/2022 that documents any Type A citations 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.

An exit interview was conducted with Interim Director, Lisa Kathleen. This report was reviewed, and a copy provided. A notice of site visit was provided and must be posted for 30 days in a prominent area.

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SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Stella Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/19/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/19/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 06-CC-20220622120013
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: GUIDEPOST MONTESSORI AT LAS FLORES
FACILITY NUMBER: 304371233
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/19/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/24/2022
Section Cited
CCR
101223(a)(1)(3)
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Personal Rights:(a)The licensee shall ensure that each child is accorded the following personal rights: (1) To be accorded dignity...(3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse ...
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Interim director, Lisa Kathleeen agrees that she will be attending a compliance meeting with the board of Guidepost Montessori of Los Flores and provide LPA with what the meeting entailed. Meeting will be held the week of 08/22/2022. ID also agreed that she will provide LPA, Gutierrez a meeting agenda and a role sheet on a training that will be conducted
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The regualtion was not met as evidence by interviews and observations of video footage. C1 was handled in a rough manner by Staff #1 and based on interview statements the majority of the staff are restraining the children while in care other known as "holding". This poses an immediate risk to children in care.
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before 09/09/2022 that addresses the discipline policy and positive redirection. ID was also asked to address "holding" with the facility staff. ID will provide LPA with these documents by the end of the business day of 08/24/2022 and documentation showing that the training was provided by 09/09/2022 by 5PM via email stella.gutierrez@dss.ca.gov
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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: Patricia Magana
LICENSING EVALUATOR NAME: Stella Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/19/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/19/2022
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 06-CC-20220622120013
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: GUIDEPOST MONTESSORI AT LAS FLORES
FACILITY NUMBER: 304371233
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/19/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/24/2022
Section Cited
CCR
101215(b)(1)(5)
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Administrator Qualifications and Duties b) The administrator ...:(1) Knowledge of the requirements for providing the type of care and supervision children need, and the ability to communicate with such children (5) Ability to recruit, employ, train, direct and evaluate qualified staff...
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Interim director and LPA agree that the best plan of action is that the director includes in the meeting agenda that will be provided to LPA by 08/24/2022- That director is available to assist all individuals when facing a challenge at the facility and how to communicate the challenges. ID agrees that her duties as a director will be provide in the training to all
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This need was not met as evidence by interview statements provided by staff and parents. The director at the time of the incidetn was Krista Bartolome. This posed a immediate risk to the children and can still pose a potential risk to the children in care.
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staff attending before 09/09/2022 by 5PM.
ID will then submit plan of training agenda and roster of what employees will attend by 08/24/2022 and will conduct the training with proof of completion of signed role sheet from employees by 09/09/2022. This document must be submitted to LPA by 09/09/2022 via email stella.gutierrez@dss.ca.gov
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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: Patricia Magana
LICENSING EVALUATOR NAME: Stella Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/19/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/19/2022
LIC9099 (FAS) - (06/04)
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