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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371418
Report Date: 07/08/2024
Date Signed: 07/08/2024 11:35:41 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 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
06/04/2024 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20240604130356
FACILITY NAME:LAGUNA NIGUEL MONTESSORI CENTERFACILITY NUMBER:
304371418
ADMINISTRATOR:MCLANE, DEBBIEFACILITY TYPE:
850
ADDRESS:28083 MOULTON PARKWAY # BTELEPHONE:
(949) 643-1200
CITY:LAGUNA NIGUELSTATE: CAZIP CODE:
92677
CAPACITY:174CENSUS: 55DATE:
07/08/2024
UNANNOUNCEDTIME BEGAN:
10:05 AM
MET WITH:Director, Athana HowardTIME COMPLETED:
12:00 PM
ALLEGATION(S):
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Staff are not using designated staff restrooms.
INVESTIGATION FINDINGS:
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Page 1 of 2
Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation regarding the above allegation. This is a follow up for the visit conducted on 6/5/2024. LPA met with director, Athana Howard. Census was taken. There were a total of 45 children with a total of 8 staff. The following children and staff observed, 42 children on the playground with 5 staff, and 13 children in room 2 with 3 staff. Children on the playground will be going to their rooms later (Room # 3, Room # 5, and Room # 6). Room # 1, Room 4 and 7 were not in use. Room 8 elementary children. A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.
On 6/4/2024, the Orange County Child Care Office received a complaint alleging “staff are not using designated staff restrooms. Per complaint report, staff # 1 uses the children's restroom in one of the
Continued on page 2

Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Thuy HoTELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 07/08/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/08/2024
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 7
Control Number 06-CC-20240604130356
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: LAGUNA NIGUEL MONTESSORI CENTER
FACILITY NUMBER: 304371418
VISIT DATE: 07/08/2024
NARRATIVE
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Page 2 of 2

classrooms and not the designated restroom for employees. It was also stated, the restroom does not lock as well.
During the course of investigation, LPA interviewed 10 staff working at the facility, including staff # 1 and 2, interviewed 10 qualified children, and contacted 10 parents of whom two parents responded. Staff denied using children’s bathroom. They stated they use adults' restroom which is designated for them. During interviewing with staff, staff # 1 admitted they use the children’s bathroom in one of the classrooms during their lunch break when children are napping. Staff # 1 stated they ask staff # 2 to watch the door when staff # 1 is using the children’s restroom in the classroom. This was confirmed with staff # 2 during interview. LPA interviewed ten children who did not disclose their teachers use the restroom in the classroom.

During the course of interviews with 10 staff, 10 children, and 10 parents of whom 2 responded with positive feedback, it was determined the preponderance of evidence standard has been met, the allegation of "staff are not using designated staff restrooms." is found to be SUBSTANTIATED.

Type B under California Title 22 Regulations Section 101239 Fixtures, Furniture, Equipment and Supplies is cited on 9099D next page. The director, Athana Howard was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. The “Notice of Site Visit” must be posted on or adjacent to the door. Failure to post will result in Civil Penalties of $100.00. The director, Athana Howard was provided with a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. The exit interview was conducted with director, Athana Howard
SUPERVISOR'S NAME: Thuy HoTELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 07/08/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/08/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 06-CC-20240604130356
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: LAGUNA NIGUEL MONTESSORI CENTER
FACILITY NUMBER: 304371418
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/08/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
07/10/2024
Section Cited
CCR
101239(i)
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101239 Fixtures, Furniture, Equipment and Supplies (i)There shall be one toilet and one hand washing fixture, separate from and in addition to the number of toilets and hand washing fixtures required in (h) above, designated for use by staff, and for emergency use. This requirement was not
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The director stated she would have a meeting with staff and reminding them to use the designated restroom for adults only and not children’s bathroom in the preschool classrooms. The director will send the proof

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met as evidenced by staff # 1 admitting using children’s bathroom in one of the preschool classrooms and not the designated staff’s bathroom. Staff # 1 stated staff # 2 would watch the door for them. This is a potential risk to the health and safety of children in care.
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of correction to LPA's email address by the due date of 7/10/2024.
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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.
SUPERVISOR'S NAME: Thuy HoTELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 07/08/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/08/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 7
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 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
06/04/2024 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20240604130356

FACILITY NAME:LAGUNA NIGUEL MONTESSORI CENTERFACILITY NUMBER:
304371418
ADMINISTRATOR:MCLANE, DEBBIEFACILITY TYPE:
850
ADDRESS:28083 MOULTON PARKWAY # BTELEPHONE:
(949) 643-1200
CITY:LAGUNA NIGUELSTATE: CAZIP CODE:
92677
CAPACITY:174CENSUS: 55DATE:
07/08/2024
UNANNOUNCEDTIME BEGAN:
10:05 AM
MET WITH:Director, Athana HowardTIME COMPLETED:
12:00 PM
ALLEGATION(S):
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1- Staff hit day care child in care.
2- Staff spoke to day care child in an inappropriate manner.
3- Staff engaged in an altercation with another staff in the presence of day care children.
4- Staff does not ensure facility nap mats are in good repair.
INVESTIGATION FINDINGS:
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 Page 1 of 3
Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation regarding the above allegation. This is a follow up for the visit conducted on 6/5/2024. LPA met with director, Athana Howard. Census was taken. There were a total of 45 children with a total of 8 staff. The following children and staff observed, 42 children on the playground with 5 staff, and 13 children in room 2 with 3 staff. Children on the playground will be going to their rooms later (Room # 3, Room # 5, and Room # 6). Room # 1, Room 4 and 7 were not in use. Room 8 elementary children.
A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions. On 6/4/2024, the Orange County Child Care Office received a complaint alleging “Staff hit day care child in care, “staff spoke to day care child in an inappropriate manner”, staff engaged in an altercation with another staff in the presence of day care children” and staff does not ensure facility nap mats are in good repair.
Continued page 2.
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Thuy HoTELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 07/08/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/08/2024
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 7
Control Number 06-CC-20240604130356
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: LAGUNA NIGUEL MONTESSORI CENTER
FACILITY NUMBER: 304371418
VISIT DATE: 07/08/2024
NARRATIVE
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Page 2 of 3

Per complaint report, sometime last year, child # 1 was spanked on the bottom by staff # 3. Staff # 3 was reported rude and mean to children. Staff # 3 was observed slammed child # 2 to sit down on the bench while pushing child # 2’s forehead with finger stating,"You're just bad." The report stated staff # 1 and staff # 2 would engage in altercations in front of the day care children. It was also reported the nap mats are ripped and torn. During the course of investigation, LPA interviewed 10 staff working at the facility, including staff # 1, 2, and 3, interviewed 10 qualified children including child # 1, and 2, and contacted 10 parents of whom two parents responded.

Regarding the allegations of “Staff hit day care child in care” and “staff spoke to day care child in an inappropriate manner”. Per complaint report, sometime last year, child # 1 was spanked on the bottom by staff # 3. Staff # 3 was reported rude and mean to children. In another incident, staff # 3 was observed slammed child # 2 to sit down on the bench while pushing child # 2’s forehead with finger stating, "You're just bad”. LPA interviewed 10 staff. Staff did not confirm the allegation of witnessing staff hit any child in care. Staff # 3 denied being physical with any children or use inappropriate language. Staff # 3 stated that they have gone through a lot of training. If children do something which is not right, they ask them why they did that? And they talk to the child kindly. They raise their voice outside to tell them “Hey everyone let's stand in line to go inside”. Staff # 3 denied spanking any child ever. Staff # 3 said they touch children by love and hug, and they are calm and never used any inappropriate language towards any child. Staff did not confirm observing any staff to be physical and be unkind to children using inappropriate words. According to management, the incident of staff # 3 spanked child # 1 on the bottom was brought up to their attention last year on 5/9/2023. The management did the internal investigation, interviewing 6 staff with their declarations who were on the playground at the day and time of the alleged incident. They stated they checked the camera footage of cameras 2, 3, and 10 from 3 separate angles from 3:15 to 4:00 pm and 4:30 to 5:05pm when child # 1 was out on the playground on that specific date. They said they did not witness any interaction between staff # 3 and child # 1. LPA interviewed child # 1. Child # 1 stated staff # 3 spanked the child on the bottom close to 19 times. However, there were discrepancies in the child’s statements. Child # 2 was also interviewed who did not disclose any inappropriate behavior from staff. The rest of the children were interviewed (total of 10 children) and they stated their teachers have not done any inappropriate
Continued on page 3
SUPERVISOR'S NAME: Thuy HoTELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 07/08/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/08/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 06-CC-20240604130356
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: LAGUNA NIGUEL MONTESSORI CENTER
FACILITY NUMBER: 304371418
VISIT DATE: 07/08/2024
NARRATIVE
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Page 3 of 3

behavior or language towards them. The incident regarding reporting alleging the personal rights violation of children was not reported to the Department as it was required to. Type B citation was issued under reporting requirement section 101212(d) on next page of LIC 9099D.
Regarding the allegation of “staff engaged in an altercation with another staff in the presence of day care children. Per complaint report, staff # 1 and staff # 2 would engage in altercations in front of the day care children in one of the classrooms. LPA interviewed a total of 10 staff. Staff did not confirm witnessing the above allegation. LPA interviewed staff # 1 and staff # 2. Staff # 1 stated there was no incident between them and staff # 2. It was conversation and no altercation. Staff # 1 stated they accidentally bumped into each other with staff # 2 when they were passing by. During lunch time, they were going to make the beds, they walked in front of staff # 2 while they were wiping the table. Staff # 1 stated they apologized and that was it. Staff # 2 stated staff # 1 pushed them and yelled at them in front of children. LPA interviewed a total of 10 qualified children who did not disclose observing any yelling or pushing.
Regarding the allegation of “Staff does not ensure facility nap mats are in good repair”.
Per the complaint report nap mats are ripped and torn. LPA inspected all the mats for napping in each classroom. LPA observed a few mats here and there are torn and ripped on the sides of the mats. However, after interviewing 10 staff, LPA was told that they are supposed to throw away the torn mats and not use them. They said they were allowed to order new mats from a spread sheet or let the management know. They stated they did not use the torn mats that LPA observed for children. They have replaced them with new one. LPA observed the new and old mats in one place in few classrooms. LPA interviewed ten children who did not confirm the mats they nap on them are torn. During the course of interviews with ten staff, 10 children, and 10 parents of whom 2 responded with positive feedback, there is not enough proof or evidence to support the above allegations occurred or did not occur. This agency has investigated the complaint alleging “staff hit day care child in care, “staff spoke to day care child in an inappropriate manner”, staff engaged in an altercation with another staff in the presence of day care children” and staff does not ensure facility nap mats are in good repair”; although the allegations may have happened or are valid, there is not a preponderance of evidence to prove, the alleged violations did or did not occur, therefore the allegations are UNSUBSTANTIATED. Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The director, Athana Howard was provided a copy of their appeal rights (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. Exit interview was conducted with director, Athana Howard.
The report ends here.
SUPERVISOR'S NAME: Thuy HoTELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 07/08/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/08/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 06-CC-20240604130356
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: LAGUNA NIGUEL MONTESSORI CENTER
FACILITY NUMBER: 304371418
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/08/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
07/10/2024
Section Cited
CCR
101212(d)
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Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. In addition, a written report containing the information
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The director agreed to send an acknowledgement statement that she is aware of this requirement and will comply with this section of regulations under reporting requirement.
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specified in (d)(2) below shall be submitted to the Department within seven days following the occurrence of such event. This requirement was not met as evidenced by the alleged incident of staff # 3 hit child # 1 was not reported to our office by the facility. This is a potential risk to the health and safety of children in care.
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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.
SUPERVISOR'S NAME: Thuy HoTELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 07/08/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/08/2024
LIC9099 (FAS) - (06/04)
Page: 7 of 7