304371420-5-3-2024-06-CC-MMAE-D53Q24-20240508114630

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304371420
Report Date: 05/03/2024
Date Signed: 05/03/2024 04:10:24 PM

Unsubstantiated

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
02/09/2024 and conducted by Evaluator Giselle Lucero

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20240209105543

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: 19	DATE:	05/03/2024
		UNANNOUNCED	TIME BEGAN:	02:50 PM
MET WITH:	Director Ira Dayani Vithanage		TIME COMPLETED:	04:20 PM

ALLEGATION(S):

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Staff threw away child's food
Children in care are not served adequate meals
Staff do not treat daycare children with respect

INVESTIGATION FINDINGS:

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Licensing Program Analysts (LPA) Giselle Lucero and Sarah Garcia conducted an unannounced complaint inspection to deliver the findings for the above allegations. This is a continuation of the investigation initiated on 02/13/2024. Upon arrival LPAs met with Director Dayani Vithanage. Director guided LPAs on a walkthrough of the facility. At 2:50 PM LPAs observed a total of 19 preschool children with 2 staff.

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.

The department received a complaint on 02/09/2024 alleging (1) Staff throw away child's food, (2) Children in care are not served adequate meals, and (3) Staff do not treat daycare children with respect. Reporting Party (RP) stated staff throw away the children's food when the parents pack it for them. Staff serve the children frozen meat in their sandwiches and put over 4 spoon full of sodium in their food. RP also stated staff mistreat the children and staff have no patience for children.
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Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Giselle Lucero
LICENSING EVALUATOR SIGNATURE:	DATE: 05/03/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/03/2024

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 4

Control Number 06-CC-20240209105543

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: 05/03/2024

NARRATIVE

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(Page 2)
LPA unable to interview the RP for further information as RP did not leave contact information.

During the investigation LPA Lucero interviewed 4 staff members, 4 children, 2 parents, and reviewed the children’s roster.

During staff interviews conducted on 02/13/2024, Staff #1 (S1) stated Staff #3 (S3) prepares the food. S1 had no concerns regarding the food served to the children and stated no children have disclosed any concerns about the food. S1 denied frozen meat being served to the children. S1 stated 3 or 4 children bring lunch from home but the children sometimes rather eat the facility’s lunch then the food they brought from home. S1 stated there are times when children eat both the facility’s food and the food they brought from home. S1 stated unfinished food is either packed up and given back to parents if it is lunch brought from home, if it is the facility’s food, staff throw it away. S1 denied ever throwing a child’s food away that was brought from home before the child ate it and denied ever observing another staff. S1 denied ever yelling or mistreating a child and denied ever observing another staff yell or mistreat a child.

Staff #2 (S2) stated S3 prepares the food. S2 had no concerns regarding the food served to the children and stated no children have disclosed any concerns about the food to them. S2 denied frozen meat being served to the children. S2 stated about 5 children bring lunch from home and any unfinished food will be sent back home. S2 denied ever throwing a child’s food away that was brought from home before the child ate it and denied ever observing another staff throwing out food brought from home. S2 denied ever yelling or mistreating a child and denied ever observing another staff yell or mistreat a child.

S3 had no concerns with the food and likes the balance between the protein and the vegetables and thinks the quantity of food staff give children is a good amount. S3 denies ever putting 4 spoon full of sodium in the children’s food. S3 denied frozen meat being served to the children and denied ever serving any cold food that needed to be warm. S3 denied yelling at, or mistreating any child and denied ever observing staff yell or mistreat the children. S3 denied observing a staff throw a child’s food away that was brought from home before the child ate it. S3 stated if children don’t finish their food during lunch time, once the child wakes up from their nap, staff will give it to them to finish it or it gets sent back home.

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SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Giselle Lucero
LICENSING EVALUATOR SIGNATURE:	DATE: 05/03/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/03/2024

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 06-CC-20240209105543

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: 05/03/2024

NARRATIVE

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(Page 3)
Staff #4 (S4) stated no children have disclosed any concerns about the food to them. S4 stated all food is cooked and frozen food is never served to the children. S4 stated salt is not used at the facility, only chicken flavor powder is used but in moderation. S4 stated 4 or 5 children bring lunch from home. S4 denied ever observing a staff throw a child’s food away that was brought from home before the child ate it, and stated if any child has leftovers, staff will give it to them to eat in the afternoon after their nap. S4 stated they are not aware of any expressed concerns from parents or staff about the food. S4 stated staff have disclosed that they feel like a lot of the facility’s food is being thrown away because not all the children finish their food. S4 informed staff that the facility still has to provide children with vegetables even though children may not eat it. S4 denied ever observing a staff yell at the children or mistreat the children. S4 observes staff redirect children.

LPA obtained a copy of the facility’s discipline policy; policy states staff approach a misbehaving child calmly, discuss the reasons for the incident and the feelings involved, offer reasonable resolution to the situation, and speak in a low and calm tone. Establish eye-to-eye contact with the child they are speaking to, positively redirect the child’s attention and behavior before permitting the child to return to the same environment.

During children interviews conducted on 02/13/2024, Child #1 (C1) stated they like the facility food and denied a staff ever throwing away their food. C1 stated they finish their food. C1 denied ever being yelled at by a staff and denied observing a staff yell at other children. Child #2 (C2) stated they like eating the facility’s food and thinks its yummy. C2 stated they don’t bring food from home because they like the facility’s food. C2 denied ever being yelled at by a staff, C2 stated staff make them feel happy. C2 also denied observing a staff yell at other children. Child #3 (C3) stated they bring food from home and take their food home if they don’t finish it. C3 denied a staff ever throwing their food away. C3 denied ever being yelled at by a staff and denied observing a staff yell at other children. Child #4 (C4) stated they finish all of their food and likes the facility's food. C4 denied ever being yelled at by a staff and denied observing a staff yell at other children.

LPA attempted to interview 3 more children, however children were not qualified for interview.

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SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Giselle Lucero
LICENSING EVALUATOR SIGNATURE:	DATE: 05/03/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/03/2024

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 06-CC-20240209105543

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: 05/03/2024

NARRATIVE

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LPA obtained a copy of the facility's menu. LPA observed some of the facility's menu food items included meat, fruit, vegetables, mac and cheese, corn, spaghetti, rice, turkey sausage , turkey sandwich, chicken sausage and noodles.

On 04/02/2024 LPA Lucero attempted to interview 12 parents, however only 2 parents were available for interviews. Parents interviewed made no disclosures.

Based on LPA's interviews conducted with 4 staff, 4 children, and 2 parents, it has been determined there was insufficient evidence that (1) Staff throw away child's food, (2) Children in care are not served adequate meals, and (3) staff do not treat day care children with respect. 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.

Exit interview conducted and report was reviewed with the Director Ira Dayani Vithanage. A notice of site visit was given and must remain posted for 30 days.

Appeal Rights were explained. The Director was provided a copy of appeal rights (LIC 9058 01/16) 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. First level appeals should be sent to the regional manager to the address listed above.

End of Report.

SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Giselle Lucero
LICENSING EVALUATOR SIGNATURE:	DATE: 05/03/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/03/2024

LIC9099 (FAS) - (06/04)

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