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Inspection visit

complaint

Clean visit · 0 citations

Inspector’s narrative

What the inspector wrote

Page 2 of 2 On 10/06/2022, LPA interview Reporting Party (RP) for any additional information regarding investigation. RP stated on June or July 24, 2022, Child #2 (C2) expressed Staff #1 (S1) pinched their cheeks and stomach hard. RP stated it was the torso area, above the stomach. RP contacted S1 through a phone application. S1 responded C2 had a bad day but informed RP in person the next day that a peer had pinched C2. RP stated S1 created a reward chart to manipulate the children. RP stated that C2 would often express that S1 was mad at them or they got in trouble because they were not listening, that was the reason they did not receive a sticker. C2 informed RP on 09/14/2022, S1 hurt them. RP instructed C2 to show how, C2 proceeded to pinch the forearm of their parent. On 09/15/2022, RP was unable to speak with S1 about the incident because they were not present. On 09/16/2022, RP was notified by the facility by email regarding complaints of a staff member being physically aggressive toward the students in Classroom #4. RP states C2 also mentioned S2 would implement "time-out" and would slap the legs and thighs to keep the children seated. RP stated C2's temperament has changed. C2 is no longer attending the facility. On 10/07/2022, LPA interviewed C2 who was able to identify S1 by name. LPA asked C2 what would happen to the children in their old classroom, if they were not good listeners. C2 used his right hand's index and thumb fingers to do a pinching motion between his rib cage and stomach. C2 stated S1 would pinch them and their friends. C2 was unable to provide any further details of his experience in Classroom #4. Based on the interviews conducted with Reporting Party and Child #2, as well as, Staff #1, Child #1, and Child #9 on 09/30/2022, the preponderance of evidence standard has been met, therefore the Personal Rights allegation that staff handles day care children in a rough manner is found to be Substantiated. California Code of Regulations, Title 22, Division 12, 101223(a)(3) which has been cited with plan of correction on the attached LIC9099D of complaint #06-CC-20220920110413 . 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. Page 2 of 2 On 09/30/2022, LPA conducted initial 10-day visit in conjunction with complaint #06-CC-20220920110413 submitted on 09/20/2022. LPA interviewed Staff #2 and Child #1. On 10/06/2022, LPA interviewed Reporting Party (RP), no additional information regarding specific allegation was disclosed. On 10/07/2022, LPA interviewed Child #2 (C2) who was able to identify S1 by name. LPA asked C2 what would happen to the children in their old classroom, if they were not good listeners. C2 used his right hand's index and thumb fingers to do a pinching motion between his rib cage and stomach. C2 stated S1 would pinch them and their friends. C2 was unable to provide any further details of his experience in Classroom #4 or regarding allegation that staff member yelled at children. C2 is no longer attending the facility. Based on the interviews conducted with Reporting Party and Child #2 there was insufficient evidence to corroborate the allegations that staff yells at daycare children. Although the allegation 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 allegation is Unsubstantiated . Exit interview was conducted with Director Athana Howard. Report was reviewed and discussed. Notice of Site Visit was posted during the visit. The facility representative 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 per day. The facility was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights . 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. The inspection found no deficiencies and no citations were issued.

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

No citations were issued during this inspection. The facility was found to be in compliance with all applicable regulations.

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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