304371420-4-4-2023-06-CC-RLOZ-CQVU8B-20230414152116

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371420
Report Date: 04/04/2023
Date Signed: 04/04/2023 10:18:28 AM

Unsubstantiated

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
01/26/2023 and conducted by Evaluator Romelia M Castanon

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20230126092443

FACILITY NAME:	MAGICAL STAR MONTESSORI-PRESCHOOL		FACILITY NUMBER:	304371420
ADMINISTRATOR:	VITHANAGE, IRA DAYANI		FACILITY TYPE:	850
ADDRESS:	1636 WEST CATHERINE DRIVE		TELEPHONE:	(714) 696-1241
CITY:	ANAHEIM	STATE: CA	ZIP CODE:	92801
CAPACITY:	47	CENSUS: 15	DATE:	04/04/2023
		UNANNOUNCED	TIME BEGAN:	08:15 AM
MET WITH:	Director Ira Dayani Vithanage		TIME COMPLETED:	10:30 AM

ALLEGATION(S):

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Staff caused bruising to daycare child

INVESTIGATION FINDINGS:

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On 04/04/2023, Licensing Program Analyst (LPA) Romy Castanon and LPA Archibaldo Silva made an unannounced visit to the facility to deliver findings of a complaint that was received at the Orange County Regional Child Care Program Office. LPA’s met with Director Ira Dayani Vithanage and explained the reason for today’s visit. A tour of the preschool classroom was conducted and census was taken. Observed at the time of the visit was a total of 15 children and 2 staff members.

A review of the Facility Personnel Report Summary on 04/04/2023 indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 01/26/2023, the Regional Office received a complaint report alleging staff caused bruising to daycare child. The complaint was submitted by the Orange County Social Services Agency by referral from the Anaheim Police Department. A report was made to the police department regarding physical abuse toward subject child by the daycare provider.
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Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:	DATE: 04/04/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/04/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230126092443

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: MAGICAL STAR MONTESSORI-PRESCHOOL	FACILITY NUMBER: 304371420
	VISIT DATE: 04/04/2023

NARRATIVE

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On 01/25/2023, subject child was taken to Kaiser Permanente for evaluation after family noticed bruising under right armpit on 01/24/2023. Subject child stated to family that they were not listening to Staff #1 (S1) and ran away but S1 grabbed them. Family met with facility Director on 01/25/2023. LPA received an unusual incident report from facility on 01/27/2023 that was dated 01/25/2023. The report explained the meeting with the family was to make the Director aware of the statement disclosed to the parents by the subject child. Director observed the markings that she described in the report as scratches. Director stated she spoke with S1 and they stated it was a normal day. Director asked subject child to explain what occurred, but they remained quiet and did not disclose the statement made to the parents about S1 grabbing them.

During LPA’s initial visit on 02/02/2023, LPA interviewed Director, S1 and six (6) children. During the child interviews, 1 out of 6 children stated they are placed on time out if they were not good listeners. Both Director and S1 reiterated the protocols for children when they do not follow instructions. S1 denied ever being physically aggressive toward subject child or any child. S1 also demonstrated how they reach out their hand to a child to avoid physical contact. LPA also conducted observation during the visit. LPA observed frequent verbal redirection for children refusing to transition from activities throughout the day. All staff exhibited appropriate methods for managing difficult behaviors.

LPA received and reviewed subject child’s medical records from Kaiser Permanente. Urgent Care doctor was able to validate linear bruising under the right armpit of subject child. Doctor did not indicate the cause of the injury. Parents disclosed to the doctor the statement made by subject child regarding S1 grabbing their arm. Subject child was unable to disclose the same statement to the doctor.

On 02/10/2023, LPA conducted a collateral visit with subject child. Subject child was unable to restate the incident to LPA. Subject child only disclosed statement regarding allegation to their parents. Subject child’s parents disclosed the statement made by child to all agencies reported.

LPA requested police report three (3) times from Anaheim Police Department. As of 04/04/2023, LPA has not received report or response from police department.

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SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:	DATE: 04/04/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/04/2023

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20230126092443

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: MAGICAL STAR MONTESSORI-PRESCHOOL	FACILITY NUMBER: 304371420
	VISIT DATE: 04/04/2023

NARRATIVE

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Based on LPA’s observation, interviews conducted and record review, the allegation staff caused bruising to daycare child may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is unsubstantiated.

Exit interview was conducted with Director Ira Dayani Vithanage. The Notice of Site Visit was posted. Facility representative was informed that the Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalty of $100. Director was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights.

End of Report

SUPERVISORS NAME: Rina Lopez
LICENSING EVALUATOR NAME: Romelia M Castanon
LICENSING EVALUATOR SIGNATURE:	DATE: 04/04/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/04/2023

LIC9099 (FAS) - (06/04)

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