complaint·April 25, 2022

Parents interviewed were consistent with staff interview statements that masks are not required, nor have they ever witnessed the staff wearing masks upon drop of in the AM hours or PM hours at the Hillside Montessori. Prior to 03/12/2022 Child care providers must comply with requirements in the Guidance for the Use of Face Coverings issued by the California Department of Public Health (CDPH). This public health order was issued under the authority of Health and Safety Code sections 120125, 120140, 120175, 120195, and 131080. At the time of the incident the CDPH Guidance for the Use of Face Coverings (July 28, 2021) required that all individuals in child care settings wear face coverings while indoors, regardless of vaccination status. The director failed to ensure the personal rights of children in care to safe and healthful accommodations, and engaged in conduct inimical to the health, welfare, and safety of the children in care, in that the staff were not encouraged to wear face coverings while indoors at Hillside Montessori as required by the State Public Health Officer order dated June 11, 2021 requiring compliance with CDPH Guidance for the use of face coverings. and the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS). An exemption to the order face coverings did not apply. Based of observation on 02/15//2022 and interviews conducted the allegations of Personal Rights conduct inimical will be 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 violations were revealed and are being cited in accordance with California Code of Regulations, Title 22, Division 12, Chapter 1, article 6, Section 101223 (a)(2) and Health and Safety Code Section 1596.8897 (2), please refer to attached 9099 (D). Exit interview conducted and report was reviewed with the director, Ajantha Nadesan. Appeal Rights and deficiencies were discussed. The facility representative 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. Page 2 of 2