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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371420
Report Date: 03/10/2023
Date Signed: 03/10/2023 04:40:38 PM

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
03/02/2023 and conducted by Evaluator Giselle Lucero
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20230302153717
FACILITY NAME:MAGICAL STAR MONTESSORI-PRESCHOOLFACILITY NUMBER:
304371420
ADMINISTRATOR:VITHANAGE, IRA DAYANIFACILITY TYPE:
850
ADDRESS:1636 WEST CATHERINE DRIVETELEPHONE:
(714) 696-1241
CITY:ANAHEIMSTATE: CAZIP CODE:
92801
CAPACITY:47CENSUS: 15DATE:
03/10/2023
UNANNOUNCEDTIME BEGAN:
08:45 AM
MET WITH:Teacher Ibeth GonzalezTIME COMPLETED:
01:30 PM
ALLEGATION(S):
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Facility is out of ratio.
INVESTIGATION FINDINGS:
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On 3/10/2023, Licensing Program Analyst (LPA) Giselle Lucero and Licensing Program Manger (LPM) Rina Lopez made an unannounced visit to the facility for the purpose of a complaint that was received at the Orange County Regional Child Care Program Office. LPA and LPM met with Ibeth Gonzalez. LPA and LPM toured the facility and census was taken. At 8:45 AM LPA and LPM observed a total of 15 children and 1 staff member.
A review of the Facility Personnel Report Summary on 03/10/2023 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.
On 03/02/2023, Orange County Regional Office received a complaint that facility is operating out of ratio. Reporting Party (RP) stated "not have enough teacher in the morning."
At 8:45 AM, entered the facility and observed Staff #1 (S1) supervising 15 children in one of the front classrooms. LPA and LPM observed Staff #2 (S2) coming from the east side of the facility to assist S1.
(continue to page 2)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Giselle Lucero
LICENSING EVALUATOR SIGNATURE:

DATE: 03/10/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/10/2023
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 06-CC-20230302153717
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: MAGICAL STAR MONTESSORI-PRESCHOOL
FACILITY NUMBER: 304371420
VISIT DATE: 03/10/2023
NARRATIVE
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Page 2 of 2
Title 22, Division 12, Chapter 1- 101216.3(a) -Teacher-Child Ratio - There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance.

Director arrived to the facility at 10:40 AM and was advised the purpose of todays visit. LPA advised Director the facility was observed to be out of ratio. Based on LPA and LPM observation of S1 being alone with 15 children on the two separate occasions above. Director stated she had this conversation with her staff on prior occasions LPM asked what is the protocol that has been implemented.

Director inquired from her staff what happened, at 11:55 AM director informed to LPA and LPM that they weren't out of ratio because they have enough staff for the number of children in care. LPM informed Director there was enough staff to cover the ratio however, the staff were not where they were suppose to be to meet the child ratio requirement.
Based on the LPA and LPM observation of S2 not supervising children upon LPAs and LPMs entrance into the facility and while entering the kitchen area and closing the door during today's inspection, the preponderance of evidence standard has been met, therefore the Ratio allegation that facility is operating out of ratio is found to be Substantiated. California Code of Regulations, Title 22, Division 12, Teacher-Child Ratio 101216.3(a) is being cited on the attached LIC9099D.

LPA Lucero informed Director this report dated 03/10/2023 documents one Type A citation which shall be posted for 30 consecutive days as there are immediate risks to the health, safety, or personal rights of children in care. LPA also informed the Director to provide a copy of this licensing report 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.

Exit interview was conducted with Director. Notice of Site Visit was posted during the visit. Director was informed that the notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. Director was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above.
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Giselle Lucero
LICENSING EVALUATOR SIGNATURE:

DATE: 03/10/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/10/2023
LIC9099 (FAS) - (06/04)
Page: 1 of 3
Control Number 06-CC-20230302153717
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: MAGICAL STAR MONTESSORI-PRESCHOOL
FACILITY NUMBER: 304371420
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/10/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/13/2023
Section Cited
CCR
101216.3(a)
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101216.3(a) Teacher-Child Ratio. There shall be a ratio of one teacher supervising no more than 12 children in attendance except as specified in (b) and (c).

This requirement was not met as evidenced by:
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Corrected during visit.
Director will submit a written statement with how ratio will be met at all times.
Director stated will email LPA statement at giselle.lucero@dss.ca.gov by 03/13/2023
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LPA and LPM observed Staff #1 supervising 15 children while Staff #2 went into the kichen behind closed door and was also observed coming from a different classroom upon arrival, leaving Staff #1 out of ratio. This poses an immediate riskto the safety to the 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.
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Giselle Lucero
LICENSING EVALUATOR SIGNATURE:

DATE: 03/10/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/10/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 06-CC-20230302153717
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: MAGICAL STAR MONTESSORI-PRESCHOOL
FACILITY NUMBER: 304371420
VISIT DATE: 03/10/2023
NARRATIVE
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(page 2)

At 8:50 AM, LPA and LPM walked into the infant classroom to take census. Upon returning the the preschool classroom, LPA and LPM observed S2 walking into the kitchen, closing the door for approximately 1 minute. The kitchen is adjacent to the classroom where the children were being supervised by S1.



Based on LPA and LPM observation during todays inspection, the teacher-child ratio allegation is substantiated. 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 violation was revealed and is being cited in accordance with California Code of Regulations, Title 22, Division 12, Chapter 1, Teacher-Child Ratio 101216.3 (a). Type A deficiency will be cited today. Please refer to attached 9099 (D) .



LPA Lucero informed Director Ira Vithanage that this report dated 03/10/2023 documents 1 Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the safety of children in care. Also, LPA Lucero informed the director to provide a copy of this licensing report dated 03/10/2023 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.

Exit interview conducted and report was reviewed with the director, Ira Vithanage Appeal Rights and deficiencies were discussed. The director was provided 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.
SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Giselle Lucero
LICENSING EVALUATOR SIGNATURE:

DATE: 03/10/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/10/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 4