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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304371464
Report Date: 02/09/2024
Date Signed: 02/09/2024 02:22:53 PM

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
11/28/2023 and conducted by Evaluator Dianna ValdezSantana
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20231128160243
FACILITY NAME:SMILES MONTESSORI CHILDCAREFACILITY NUMBER:
304371464
ADMINISTRATOR:AHN, SUNG JAFACILITY TYPE:
850
ADDRESS:2261 NORTH ORANGE OLIVE ROADTELEPHONE:
(714) 283-2857
CITY:ORANGESTATE: CAZIP CODE:
92865
CAPACITY:40CENSUS: 17DATE:
02/09/2024
UNANNOUNCEDTIME BEGAN:
12:15 PM
MET WITH:Director, Sung Ja "Annie" AhnTIME COMPLETED:
02:15 PM
ALLEGATION(S):
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Facility is operating out of ratio.
Staff leave day care children unattended while in care.
INVESTIGATION FINDINGS:
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On 2/9/2024 Licensing Program Analysts (LPAs) Valdez Santana and Jung made an unannounced visit to Smiles Montessori Child Care for the purpose to deliver findings of a complaint received. Upon arrival, LPAs were met by Director, Sung Ja “Annie Ahn. Director was explained the reason for today’s visit. LPAs were provided a tour of the facility and observed 2 Preschool Staff and 17 children present.

A review of the Facility Personnel Report Summary conducted on today’s date indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.
On 11/28/2023 a complaint was filed with the Licensing office stating, Facility is operating out of ratio and Staff leave day care children unattended while in care. Reporting Party (RP) stated, there are 18-21 kids in a classroom with only one staff member. Children were also being left alone in the classroom unsupervised while staff was outside on the playground supervising the other children.
During the course of investigation, LPA interviewed 3 staff members, 3 parents and 4 children. Page 1 of 3
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Dianna ValdezSantana
LICENSING EVALUATOR SIGNATURE:

DATE: 02/09/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/09/2024
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 6
Control Number 06-CC-20231128160243
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: SMILES MONTESSORI CHILDCARE
FACILITY NUMBER: 304371464
VISIT DATE: 02/09/2024
NARRATIVE
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During the staff interviews, Staff #1 (S1), stated, the preschool class is not over capacity, S1 stated, no, we usually have 2 teachers and less than 20 children. If they are ever over 12 children, then there is 2 teachers and I step in if needed. S1 also denied ever leaving a child/children unattended but when asked if S1 is the only staff present at the facility from 6:30am (opening) until 8:30am, S1 stated “yes”. Therefore, S1 is the only staff present for both the preschool and infants for 2 hours. S1 admitted S1 was alone with 5 infants and one preschool child when asked about the children’s sign in sheets for 12/06/2023. When asked how S1 supervises both the infants and preschool present from opening until 8:30am, S1 disclosed, “I stand in the doorway of the infant classroom and watch the preschool child while he played outside.” Staff 2 (S2) disclosed, when S2 arrives around 8:30AM, S1 is the only staff present and usually with about 6 children, both infant and preschool. S2 stated S2 used have about 14 children daily until the next staff arrived around 9:30am. S1 was usually in the kitchen or helping in the infant room. S2 disclosed, in the past, from Nov- Dec 2023, S2 and another teacher were often supervising 21 children, but since the new year they have been okay. S2 also disclosed sometimes in the past, when S2 was leaving to go home at around 5:30pm, S2 witnessed S1 watched the preschoolers from the door of the infant room. There were about 5 preschoolers and maybe up to 7 infants.

Staff 3 (S3) stated that S3 and another teacher were often over ratio in November-December of 2023, ”We had about 18-20 children”. When asked if they addressed being over-ratio with director, S3 stated they did and so S1 hired another staff. S3 disclosed that S3 has seen S1 left the children unattended; it would happen after 5-5:30pm, S1 would tell the preschoolers to play outside and S1 was in the infant room and keep the door open. Sometimes in the winter because of the heater and S1 would close the door on the preschoolers that were outside. There were times S3 would tell that the kids to tell S1 it’s cold outside so S1 would let the children into the classroom. S1 has been leaving the children unattended outside that since June 2023. S3 also shared that once S3 was covering the preschool class because the teacher was out and S3 asked S1 for supplies. S1 told S3 to go and grab the supplies and S1 would watch the children. When S3 came back out, the kids were alone and S1 had went into the baby room. In addition, S3 disclosed that S3 was working with another staff member and S3 went to the kitchen to get snacks and asked the other staff to watch the kids and when S3 came outside and the other staff was no longer with the kids because S1 had asked the other staff to go into the classroom so S1 could explain abacus math and they were talking in the preschool room leaving the kids alone, there was 16-18 kids. S3 also stated S3 has stayed late to ensure the safety of the preschoolers that remain outside while S1 watches the children from the door. Page 2 of 3
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Dianna ValdezSantana
LICENSING EVALUATOR SIGNATURE:

DATE: 02/09/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/09/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 06-CC-20231128160243
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: SMILES MONTESSORI CHILDCARE
FACILITY NUMBER: 304371464
VISIT DATE: 02/09/2024
NARRATIVE
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3 parents were called for interviews, 3 out of 3 parents interviewed did not make any disclosures about the facility.

Based on interviews conducted, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1 Section101216.3 Teacher- Child Ratio, Type A and Section 101229 Responsibility for Providing Care and Supervision Type A, being cited on the attached LIC 9099D. Please refer to attached 9099D for documentation of deficiencies.


LPA Valdez Santana informed Director, Sung Ja “Annie Ahn, that this report dated 02/09/24 documents two Type A citations which shall be posted for 30 consecutive days as there are immediate risks to the health, safety, or personal rights of children in care.

Also, LPA Valdez Santana informed the Director to provide a copy of this licensing report dated 02/09/24 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. The Notice of Site Visit was posted. Appeal Rights was explained. A copy of appeal rights (LIC 9058 1/16) was provided and their signatures on this form acknowledges receipt of these rights. First level appeal is to Regional Manager, address is above on the report.

Page 3 of 3. End of Report.
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Dianna ValdezSantana
LICENSING EVALUATOR SIGNATURE:

DATE: 02/09/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/09/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 6
Control Number 06-CC-20231128160243
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: SMILES MONTESSORI CHILDCARE
FACILITY NUMBER: 304371464
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/09/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
02/12/2024
Section Cited
CCR
101216.3(a)
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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.
This requirement is not met as evidence by:
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Director stated she will email LPA Valdez Santana her Compliance Plan via email by POC due date at dianna.valdezsantana@dss.ca.gov. In addtion DIrector stated she has hired a new qualified teacher who was cleared on 2/6/24.
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Based on staff’s interview, S2 disclosed being left alone with 14 children. This poses an immediate health and safety risk to the children in care.
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Type A
02/12/2024
Section Cited
HSC
101229(a)(1)
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101229(a)(1) Responsibility for Providing Care and Supervision: No child(ren) shall be left without the supervision of a teacher at any time...
This requirement is not met as evidence by: Based on staff’s interview, S1 admitted to being the only staff present at the facility
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Director stated she will email LPA Valdez Santana her Compliance Plan via email by POC due date at dianna.valdezsantana@dss.ca.gov. Director stated that she will adjust staff schedules to accommodate the center's needs.
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from opening until 8:30am for both the infants and preschoolers. S3 disclosed witnessing S1 left the preschoolers playing outside while S1 was in the infant room with the door opened. This poses an immediate 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: Thuy Ho
LICENSING EVALUATOR NAME: Dianna ValdezSantana
LICENSING EVALUATOR SIGNATURE:

DATE: 02/09/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/09/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 6