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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 191511402
Report Date: 02/08/2021
Date Signed: 02/09/2021 03:06:54 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/03/2020 and conducted by Evaluator Betty Bell
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20200803110234
FACILITY NAME:GRAHAM FAMILY DAY CAREFACILITY NUMBER:
191511402
ADMINISTRATOR:GRAHAM, GAILFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(909) 620-0737
CITY:POMONASTATE: CAZIP CODE:
91767
CAPACITY:14CENSUS: 1DATE:
02/08/2021
UNANNOUNCEDTIME BEGAN:
03:34 PM
MET WITH:Licensee Gail GrahamTIME COMPLETED:
04:09 PM
ALLEGATION(S):
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Provider inappropriately disciplines children in care
INVESTIGATION FINDINGS:
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An unannounced tele-inspection was conducted by Licensing Program Analyst (LPA) Emiko Bell on 02/08/21 via FaceTimedue to COVID-19 and precautionary measures. The tele-inspection was conducted with Licensee Gail Graham, to whom the purpose of the inspection was announced. The purpose of the tele-inspection was to provide the findings of the Complaint investigation.

Census: There were two staff and one child present. Staff-child ratio was met.

Throughout the course of the investigation, interviews were conducted with licensee, one adult, one staff, four minors, and the Reporting Party and documentation in the form of the Child Care Facility Roster was obtained.

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Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Valarie CookTELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 02/08/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/08/2021
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 4
Control Number 33-CC-20200803110234
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: GRAHAM FAMILY DAY CARE
FACILITY NUMBER: 191511402
VISIT DATE: 02/08/2021
NARRATIVE
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-Pertaining to the allegation that “Provider inappropriately disciplines children in care”: this refers to an allegation that licensee forces children to sit down in the hallway as a form of punishment and/or are hit with a fly swatter or are threatened to be hit with a fly swatter If they don’t listen or sit down and be quiet while watching TV.

Licensee acknowledged having children sit or stand in the hallway as a form of discipline. As licensee or her assistant are able to see the children while they are in the hallway, this in and of itself is not a violation. However, interviews conducted revealed that younger children may be hit with a belt or back scratcher kept in licensee’s bedroom or with a fly swatter nicknamed “Pink Buggy” or “Pink Becky,” which is kept in the TV room; older children are forced to sit down or stand in the playroom, made to look at toys they are not permitted to play with, or are forced to sit or stand in the hallway, facing the wall. This is a form of humiliation, which is a violation. If children know and understand that they are standing in the hallway as a form of punishment, then the others know why they are standing there and that is humiliating.



According to licensee, she has the children sit or stand in the hallway for 5-10 minutes; according to interviews conducted, the children are made to stand up for as long as licensee wants, and are threatened with the fly swatter if they state that they are tired of standing. This form of discipline is not permitted since it violates the personal rights of children. Being made to sit or stand in the hallway is a form of humiliation. Being threatened to be hit with the fly swatter is a form of intimidation and is also a violation of the children’s personal rights.

Observations made by witnesses corroborate that children sit in the bedroom and watch TV the duration they are in care and that children may be forced to sit or stand in either the hallway or the playroom as a form of punishment.
SUPERVISOR'S NAME: Valarie CookTELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 02/08/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/08/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 33-CC-20200803110234
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: GRAHAM FAMILY DAY CARE
FACILITY NUMBER: 191511402
VISIT DATE: 02/08/2021
NARRATIVE
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This agency has investigated the complaint alleging that there was a violation of Title 22, Division 12, Chapter 1, Article 6, Section 102423 "Personal Rights." The complaint alleged that “Provider inappropriately disciplines children in care.” Based upon the evidence as presented above, the allegation has been determined to be Substantiated. A finding of Substantiated means that the preponderance of evidence standard has been met. California Code of Regulations, Title 22, Division 12, Chapter 1, Article 06, Section 102423 "Personal Rights" is being cited on the attached LIC 9099D.

Please refer to 9099D for documentation of deficiencies.

Upon receipt, the Licensee shall post the “D” page of the Licensing report. This page shall be posted for 30 consecutive days. Failure to maintain posting as required will result in a $100 civil penalty. A copy of this report shall be provided to the parents/guardians of the children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parents/guardians of any children newly enrolled at the facility for the next 12 months. The LIC 9224 Acknowledgement of Receipt of Licensing Reports must be maintained in each child's file immediately upon receipt from the parent. LPA provided Licensee with a blank copy of the LIC 9224 Acknowledgement of Receipt of Licensing Report.



An exit interview has been conducted with Licensee Gail Graham. Appeal Rights were verbally explained to Licensee as well. A copy of this report has been signed by LPA Bell. This report and the Appeal Rights will be scanned via e-mail to Licensee Graham, who understands that an electronic “Read Receipt” and/or confirmation of receipt of the e-mail confirms receipt of the report and constitutes an electronic signature. A Notice of Site Visit was not provided to Licensee Graham since a physical inspection was not conducted.
SUPERVISOR'S NAME: Valarie CookTELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 02/08/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/08/2021
LIC9099 (FAS) - (06/04)
Page: 4 of 4
Control Number 33-CC-20200803110234
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: GRAHAM FAMILY DAY CARE
FACILITY NUMBER: 191511402
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/08/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
02/10/2021
Section Cited
CCR
102423(a)(4)
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Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following: To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule..
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Licensee and her asssitant will sign a statement acknowledging that the fly swatter will be moved out of the sight of daycare children; that children will be placed on time out in the TV room with a visible timer, understanding that the duration of time out equals one minute per the age of the child; and/or that a child may be asked to read a book
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-This requirement is not met as evidenced by: based upon interviews conducted and observations made, licensee uses corporal punishment and intimidation as forms of discipline. This poses an immediate health and safety risk to the children in care.
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or may have their electronics taken away as forms of discipline.
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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: Valarie CookTELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 02/08/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/08/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 4