136610335-1-12-2023-20-CC-JGAY-CNDREG-20230124115732

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 136610335
Report Date: 12/06/2022
Date Signed: 01/12/2023 02:35:56 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, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

This is an official report of an unannounced visit/investigation of a complaint received in our office on
09/13/2022 and conducted by Evaluator Claudia Amador

COMPLAINT CONTROL NUMBER: 20-CC-20220913121257

FACILITY NAME:	ARISTOTELES, MARGARITA FAMILY CHILD CARE		FACILITY NUMBER:	136610335
ADMINISTRATOR:	MARGARITA ARISTOTELES		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(760) 970-4582
CITY:	EL CENTRO	STATE: CA	ZIP CODE:	92243
CAPACITY:	14	CENSUS: 5	DATE:	12/06/2022
		UNANNOUNCED	TIME BEGAN:	10:25 AM
MET WITH:	MARGARITA ARISTOTELES		TIME COMPLETED:	12:30 PM

ALLEGATION(S):

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Licensee does not ensure that daycare child is wearing appropriate clothing.

INVESTIGATION FINDINGS:

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On 12/06/2022 at 10:25 AM, Licensing Program Analyst LPA Claudia Amador conducted an unannounced inspection to deliver complaint findings for the above listed allegation and to deliver amended reports. LPA met with licensee Margarita Aristoteles and discussed the purpose of the inspection. There were five (5)children in care at the time of the visit. During the investigation, interviews were conducted with the licensee, staff, and parents.

It was determined, that at least on one (1) occasion during the week of 09/12/22, a daycare child had a potty training accident and the licensee did not provide the daycare child with a clean pair of underwear or pullups, instead sent the child home without undergarments under their clothing. During interview with the licensee, the licensee admitted to intentionally withholding undergarments from the child in order to remind the child’s mother to bring a sufficient supply of pull-ups and/or underwear to the facility.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Claudia Amador	TELEPHONE: (619) 767-2214
LICENSING EVALUATOR SIGNATURE:	DATE: 12/06/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/06/2022

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 20-CC-20220913121257

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: ARISTOTELES, MARGARITA FAMILY CHILD CARE	FACILITY NUMBER: 136610335
	VISIT DATE: 12/06/2022

NARRATIVE

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Based on interviews conducted, the preponderance of evidence standard has been met, therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 & Chapter 3) is being cited on the attached LIC 9099D.

Exit interview conducted and report was reviewed with licensee, Margarita Aristoteles. A copy of this report, along with Appeal Rights (LIC9058 03/22), were provided. A notice of site visit was given and must remain posted for 30 days. LPA observed that the notice of site visit was posted during the inspection. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

SUPERVISOR'S NAME: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Claudia Amador	TELEPHONE: (619) 767-2214
LICENSING EVALUATOR SIGNATURE:	DATE: 12/06/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/06/2022

LIC9099 (FAS) - (06/04)

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Control Number 20-CC-20220913121257

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: ARISTOTELES, MARGARITA FAMILY CHILD CARE	FACILITY NUMBER: 136610335
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/06/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 12/19/2022 Section Cited CCR 102423(a)(2)	1 2 3 4 5 6 7	Personal Rights. 102423 (a) Each child receiving services from a family childcare home shall have certain rights that shall not be waived or abridged… These rights include… (2) To receive safe, healthful, and comfortable accommodations… This requirement was not met as evidenced by:	1 2 3 4 5 6 7	The licensee stated she will view and summarize the video titled, “Children’s Personal Rights in Child Care”, on the Community Care Licensing Division (CCLD) website. The summary will be submitted in writing via email to the LPA at the San Diego Child Care Regional Office no later than December 19,2022.
	8 9 10 11 12 13 14	Based on the licensee’s admission and interviews conducted, the licensee did not comply with the section cited above by intentionally withholding undergarments from a daycare child, which poses a potential health, safety or personal rights risk to children in care.	8 9 10 11 12 13 14
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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.

SUPERVISOR'S NAME: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Claudia Amador	TELEPHONE: (619) 767-2214
LICENSING EVALUATOR SIGNATURE:	DATE: 12/06/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/06/2022

LIC9099 (FAS) - (06/04)

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