013423629-9-20-2021-02-CC-LDYN-C7AK79-20210928073848

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 013423629
Report Date: 09/20/2021
Date Signed: 09/20/2021 12:57:50 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/01/2021 and conducted by Evaluator Phyllis Dyer

PUBLIC

COMPLAINT CONTROL NUMBER: 02-CC-20210701084924

FACILITY NAME:	GARCIA, MARGARITA		FACILITY NUMBER:	013423629
ADMINISTRATOR:	GARCIA, MARGARITA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(510) 355-7154
CITY:	OAKLAND	STATE: CA	ZIP CODE:	94603
CAPACITY:	14	CENSUS: 6	DATE:	09/20/2021
		UNANNOUNCED	TIME BEGAN:	09:30 AM
MET WITH:	Margarita Garcia		TIME COMPLETED:	01:15 PM

ALLEGATION(S):

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Licensee allows infant to sleep in car seat at her facility.

INVESTIGATION FINDINGS:

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LPA Dyer met with Licensee M. Garcia to provide the results of the above allegation at 9:30 a.m. Also present is the licensee's fingerprint cleared husband, 3 infants and 4 preschool children. It was alleged that Licensee allows infant to sleep in car seat at her facility. Complainant was interviewed by the Oakland Police Department, who declined further investigation. LPA attempted to interview complainant and received no response to letter/calls.

LPA was sent a picture of a sleeping child in a car seat that was cropped closely. Licensee did admit that the picture was taken at her facility. Although it may have not been the licensee’s intent, the child’s personal rights were violated while sleeping in a car seat in the facility. Based on the LPA's interviews which were conducted, the preponderance of evidence standard has been met. Therefore, the above allegation is found to be SUBSTANTIATED. CCR, (Title 22, Division 12) are being cited on the attached LIC 9099D, and must be corrected by the due date. Exit interview conducted. Licensee received a copy of their appeal rights. This report must be kept available for public review for 3 years. Notice of site visit was posted at the time of the inspection and must remain posted for 30 days.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Phyllis Dyer	TELEPHONE: (510) 695-0243
LICENSING EVALUATOR NAME: Phyllis Dyer	TELEPHONE: (510) 725-7006
LICENSING EVALUATOR SIGNATURE:	DATE: 09/20/2021

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2021

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 02-CC-20210701084924

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: GARCIA, MARGARITA	FACILITY NUMBER: 013423629
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/20/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 09/30/2021 Section Cited CCR 102425(h)(i)	1 2 3 4 5 6 7	Infant Safe Sleep. Car seats shall only be used for transportation purposes and shall not be used for sleeping. If an infant falls asleep before being placed in a crib or play yard, the provider shall move the infant to a crib or play yard as soon as possible.	1 2 3 4 5 6 7	Licensee states that she will provide a written plan of action detailing the steps she will take to ensure that day care children will not sleep in car seats in the facility.
	8 9 10 11 12 13 14	This requirement was not met as evidence by interview: licensee violated Child 3’s personal rights when allowing the child to sleep in a car seat at the facility.	8 9 10 11 12 13 14	Failure to correct will result in a $100 per day civil penalty until corrected. Repeat violations are $250 per violation and $100 per day until corrected.
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISOR'S NAME: Phyllis Dyer	TELEPHONE: (510) 695-0243
LICENSING EVALUATOR NAME: Phyllis Dyer	TELEPHONE: (510) 725-7006
LICENSING EVALUATOR SIGNATURE:	DATE: 09/20/2021

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2021

LIC9099 (FAS) - (06/04)

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