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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371459
Report Date: 08/07/2023
Date Signed: 08/31/2023 09:35:12 AM

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
06/06/2023 and conducted by Evaluator Cindy Nguyen
COMPLAINT CONTROL NUMBER: 06-CC-20230606085523
FACILITY NAME:IVYCREST MONTESSORIFACILITY NUMBER:
304371459
ADMINISTRATOR:OH, MICHELLEFACILITY TYPE:
850
ADDRESS:6555 FAIRMONT BLVD.TELEPHONE:
(714) 777-2511
CITY:YORBA LINDASTATE: CAZIP CODE:
92886
CAPACITY:112CENSUS: 58DATE:
08/07/2023
UNANNOUNCEDTIME BEGAN:
09:10 AM
MET WITH:Director, Michelle OhTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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Staff are forcing day-care children to nap.
INVESTIGATION FINDINGS:
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***This is an amended report to a report generated on 08/07/23***

Licensing Program Analysts (LPAs) Cindy Nguyen and Giselle Lucero conducted an unannounced complaint investigation. This is a continuation of the investigation initiated on 06/12/2023. Upon arrival LPAs met with Michelle Oh, Director who accompanied LPAs on a tour of the facility. Census was taken as follow: 15 toddlers, 43 preschool children with 8 staff members. A review of staff criminal records indicates all facility staff or individuals who require caregiver background checks have received a criminal record clearance or exemption and a child abuse index clearance.

On 06/06/2023 a complaint was filed with the Department alleging that staff forced day-care children to nap. During the investigation, LPA Nguyen conducted 2 physical plant inspection, interviewed 5 staff members obtained a parent handbook, classroom’s schedule, menus, and a copy of the children's roster.
Continued on 9099C


Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Cindy Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 08/31/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/31/2023
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 6
Control Number 06-CC-20230606085523
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: IVYCREST MONTESSORI
FACILITY NUMBER: 304371459
VISIT DATE: 08/07/2023
NARRATIVE
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Page 9099C

During the staff interviews, all 5 interviewed staff disclosed that the children do have to stayed on their cots during the duration of nap time from 12:00pm to 2:30pm. Staff stated their understanding is that the children must stayed on their cots during nap times due to licensing regulation of ratios . Staff stated during nap time, some of the staff go to lunch, in order to stay in ratio, the children are required to stay on their cot. All 5 out of 5 interviewed staff denied or witnessed any staff violated children’s personal rights.

LPA Nguyen attempted to interview all the children in care, but none were qualified for the interview.

LPA called 10 parents, LPA was able to interview 3 parents on 06/19/23. All parents interviewed made no disclosures, parents stated that the facility communicates with parents on what is going on with their child(ren) daily. Parents did not express any concerns with the care given to the children, or any issue with any staff at the facility.

Based on the information gathered from LPA's interviews with 5 staff members, 3 parents, and reviewing records of facility's Parent Handbook and My Day at School Report by LPA, it has been determined that staff are forcing day-care children to nap. The preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22 101230(b)(3) Activities is being cited on the attached LIC9099D.

Exit interview was conducted with Director Michelle, Oh. 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 01/16) 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: Patricia Magana
LICENSING EVALUATOR NAME: Cindy Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 08/31/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/31/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 06-CC-20230606085523
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: IVYCREST MONTESSORI
FACILITY NUMBER: 304371459
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/07/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/21/2023
Section Cited
CCR
101230(b)(3)
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101230 Activities (b)All children shall be given an opportunity to nap or rest without distraction...(3) No child shall be forced to stay awake or to stay in the napping area longer than the normal napping period. This requirement was not met evidence by:
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Director stated staff will provide quiet activities to children who don't want to nap and if weather permit staff will take the children outside for activities.
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Based on interviews conducted by LPA, it was determined that the children stayed on their cots during the duration of nap times 12:00pm to 2:30pm. This is a potential Health and Safety risk 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: Patricia Magana
LICENSING EVALUATOR NAME: Cindy Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 08/31/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/31/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 6
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
06/06/2023 and conducted by Evaluator Cindy Nguyen
COMPLAINT CONTROL NUMBER: 06-CC-20230606085523

FACILITY NAME:IVYCREST MONTESSORIFACILITY NUMBER:
304371459
ADMINISTRATOR:OH, MICHELLEFACILITY TYPE:
850
ADDRESS:6555 FAIRMONT BLVD.TELEPHONE:
(714) 777-2511
CITY:YORBA LINDASTATE: CAZIP CODE:
92886
CAPACITY:112CENSUS: 58DATE:
08/07/2023
UNANNOUNCEDTIME BEGAN:
09:10 AM
MET WITH:Director, Michelle OhTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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Staff didn't feed day-care child.
Staff not meeting day care child's needs.
Staff did not provide quiet activity for day-care children at nap time.
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs) Cindy Nguyen and Giselle Lucero conducted an unannounced complaint investigation. This is a continuation of the investigation initiated on 06/12/2023. Upon arrival LPAs met with Michelle Oh, Director who accompanied LPAs on a tour of the facility. Census was taken as follow: 15 toddlers, 43 preschool children with 8 staff members. A review of staff criminal records indicates all facility staff or individuals who require caregiver background checks have received a criminal record clearance or exemption and a child abuse index clearance.

On 06/06/2023 a complaint was filed with the Department alleging that staff doesn’t feed day-care children, staff not meeting day care child’s needs, and staff did not provide activity for day care children at the table. During the investigation, LPA Nguyen conducted 2 physical plant inspection, interviewed 5 staff members, obtained a parent handbook, classroom’s schedule, menus, and a copy of the children's roster.

Continued on 9099C
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Cindy Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 08/07/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/07/2023
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 6
Control Number 06-CC-20230606085523
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: IVYCREST MONTESSORI
FACILITY NUMBER: 304371459
VISIT DATE: 08/07/2023
NARRATIVE
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Page 9099C

Complainant alleged that a child was not provided food to eat on 5/22/23 & 5/23/23. Staff allow children to cry for 5 mins or more while in the observation area and no teacher goes to console the children, and staff didn’t provide activity for day-care children while children sat on a table.

During the staff interviews, all 5 interviewed staff provide consistent statements regarding facility's served family meal styles. The children eat what they want to eat and asked for more if needed. Staff do not force the children to eat, but encourage them to eat. If the child doesn’t eat for any reasons, the staff will write it down on the daily report and communicate that with the parents. All 5 out of 5 interviewed staff denied or witnessed any staff holding food from any child.

All 5 interviewed staff stated activities are always provided to the children or staff will sit next to the child when needed to provide comfort and meeting their needs.

During the physical plant inspection on 06/12/23 and 08/07/23, LPA observed staff attending to the children’s crying and carrying the children as needed.

LPA Nguyen attempted to interview all the children in care, but none were qualified for the interview.

LPA called 10 parents; LPA was able to interview 3 parents on 06/19/23. All parents interviewed made no disclosures, parents stated that the facility communicates with parents on what is going on with their child(ren) daily. Parents did not express any concerns with the care given to the children, or any issue with any staff at the facility.

During record review of the “My Day at School Report”, it does have the morning snack, lunch, nap, afternoon snack to be check by the staff if the child eats all, most, some, or refused and if the child nap or not. This report is shared with the parents daily.

Continued on Page 9099C Page 2
SUPERVISORS NAME: Patricia Magana
LICENSING EVALUATOR NAME: Cindy Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 08/07/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/07/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 06-CC-20230606085523
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: IVYCREST MONTESSORI
FACILITY NUMBER: 304371459
VISIT DATE: 08/07/2023
NARRATIVE
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Page 9099C Page 2

Based on the information gathered from LPA's interviews with 5 staff members, 3 parents, and reviewing records of facility's Parent Handbook and My Day at School Report, there is insufficient evidence to corroborate the allegations that child was not provided food to eat on 5/22/23 and 5/23/23, staff not meeting day care child’s needs, and staff did not provide activity for day care children at the table. Although the allegations 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 allegations are UNSUBSTANTIATED.

Exit interview was conducted with Director Michelle, Oh. 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 01/16) 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: Patricia Magana
LICENSING EVALUATOR NAME: Cindy Nguyen
LICENSING EVALUATOR SIGNATURE:

DATE: 08/07/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/07/2023
LIC9099 (FAS) - (06/04)
Page: 6 of 6