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Inspection visit

complaint

LAGUNA NIGUEL MONTESSORI CENTERLicense 3043714181 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

Page 2 of 3 During initial 10-day visit, on 09/30/2022, LPA interviewed Staff #2 (S2). S2 informed LPA during the time they worked with Staff #1, they witnessed acts of aggressive physical behavior on numerous occasions. S2 observed S1 grab children by the back of their arms while speaking to them sternly. S2 observed S1 pick up a child and slam them on a chair. S2 observed S1 pull a child carelessly through the classroom doorway, that child sustained a large bump on their forehead. S2 stated S1 would take the children into the restroom or the corner of the classroom to scold them. S2 stated S1 was triggered by children that were loud, liked to scream or were defiant. S2 stated upon returning from their break, a child would have a suspicious injury, sometimes covered with a band aid or an ice pack. S2 informed LPA that they were in communication with the former facility Director and was reassured that Human Resources was aware of S2’s concerns. S2 provided LPA with forwarded emails and photos that were sent to former Director. S2 stated former Director would randomly visit the classroom for observation and reports nothing was ever discovered during the wellness checks or classroom visits by former Director. Former Director is no longer employed at the facility. LPA also interviewed Child #1 (C1) during initial visit on 09/30/2022. C1 was able to identify S1 by name and categorized them as the “mean teacher”. C1 demonstrated on LPA’s left hand how S1 “pokes” them. C1 used their index fingernail to dig into the top of LPA’s left hand, leaving a small indentation and red mark. C1 stated they would get “poked” because they were not listening and would take their work out when they were not supposed to. C1 also mentioned that S1 would threaten to send them to the “baby classroom”. On 10/07/2022, LPA interviewed 6 children from Classroom #4 but was unable to obtain additional information pertinent to this investigation. On 10/07/2022, LPA also interviewed the former Director. Former Director stated they were unaware of staff concerns regarding physical aggression behavior in Classroom #4 by S1. Former director stated they remember receiving a text message from S2 to immediately go to the playground and observe S1 speaking to C1. Former Director observed S1 speaking to a child with both open palms on the child’s arms. S1 was redirected and reminded not to grab children in that manner. LPA requested accident/injury reports, unusual incident reports sent to Licensing, any parent communication regarding injuries in Classroom #4, as well as, recent staff trainings. Former Director was unable to provide any requested documentation to LPA. Former Director informed LPA injury reports for Classroom #4 did not exist because S1 preferred to report incidents verbally to parents. (page 2 of 3) Page 3 of 3 On 11/03/2022, LPA interviewed Parent #1/Reporting Party (RP). RP stated that S1 was very rewarding to Child #9 (C9) and gave them a nickname within of week of being in their class. S1 also told RP directly they refuse to use the facility's communication application on their personal phone. On 9/14/2022 Child #9 (C9) told RP that S1 was angry and “pinch on wrist”. On, 09/16/2022, RP states former Director refused to disclose details of the allegations or identify children involved because there was an open investigation. RP found out weeks later by Orange County Sheriff Department Detective that C9 may have been "yanked and dragged across the room by their wrist". On 11/07/2022, LPA interviewed C9 but was unable to provide additional information pertinent to this investigation. LPA did however observe C9’s demeanor become reserved when S1’s name was spoken. Based on the interviews conducted with Former Director, Staff #1, Parent #1/Reporting Party, Child #1, Child #9 and record review of forwarded electronic communication from staff, the preponderance of evidence standard has been met, therefore the Personal Rights allegation that staff member pinched daycare children is found to be Substantiated. California Code of Regulations, Title 22, Division 12, 101223(a)(3) is being cited on the attached LIC9099D. LPA Castanon informed Director Athana Howard that this report dated 12/14/2022 documents one Type A citation which shall be posted for 30 consecutive days as there are immediate risks to the health, safety, or personal rights of children in care. LPA Castanon also informed the Director to provide a copy of this licensing report dated 12/14/2022 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 with Director Athana Howard. 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) 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. (End of Report)

Citations

2 citations recorded*CCLD

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to children. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

  • TEACHER-CHILD RATIO

    Teacher-Child Ratio. There shall be a ratio of one teacher supervising no more than 12 children in attendance except as specified in (b) and (c). This requirement was not met as evidenced by: LPA observations on 10/26/2022, interviews with Staff #1, #2, #3 and #4, documentation written by former director stating facility was out of ratio. This is an immediate risk of health and safety to the children in care.

  • PERSONAL RIGHTS

    Personal Rights(a)The licensee shall ensure that each child is accorded the following personal rights:(3)To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature... This requirement was not met as evidenced by: LPA interviews with Staff #1, Parent #1/Reporting Party, and Child #1 disclosing Staff #1 pinched one or more children in Classroom #4. This is an immediate risk of personal rights to the children in care.

FAQ · About this visit

Common questions about this visit

What happened during the December 14, 2022 inspection of LAGUNA NIGUEL MONTESSORI CENTER?

This was a complaint inspection of LAGUNA NIGUEL MONTESSORI CENTER on December 14, 2022. 1 citation were issued: 1 Type A (serious).

Were any citations issued to LAGUNA NIGUEL MONTESSORI CENTER on December 14, 2022?

Yes, 1 citation was issued (1 Type A, 0 Type B). The first citation was for: "Teacher-Child Ratio. There shall be a ratio of one teacher supervising no more than 12 children in attendance except as..."

What type of inspection was this?

This was a complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

SourceView on CCLDView original report

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