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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 191511402
Report Date: 06/02/2021
Date Signed: 06/02/2021 04:14:33 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
03/03/2021 and conducted by Evaluator Betty Bell
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20210303162830
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: 3DATE:
06/02/2021
UNANNOUNCEDTIME BEGAN:
03:03 PM
MET WITH:Licensee Gail GrahamTIME COMPLETED:
04:30 PM
ALLEGATION(S):
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Licensee hit daycare child
INVESTIGATION FINDINGS:
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An unannounced tele-inspection was conducted by Licensing Program Analyst (LPA) Emiko Bell on 06/02/21 via FaceTime due 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 four children present (one is over the age of 10.) Staff-child ratio was met. Licensee's spouse was in a separate room the duration of the inspection.

Throughout the course of the investigation, interviews were conducted with licensee, one adult, and the Reporting Party.

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Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Claudia GuangorenaTELEPHONE: (323) 981-3417
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2021
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-20210303162830
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: 06/02/2021
NARRATIVE
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-Pertaining to the allegation that “Licensee hit daycare child”:

The allegation pertains to Licensee Gail Graham allegedly hitting daycare children on the backs of their heads with either a sandal or her bare hand and slapping babies on their bottom with or without a diaper on and/or on the bottoms of their feet with her bare hand.



Per Reporting Party (RP), A disclosure was made that while attending Graham family daycare, Licensee would hit daycare children on the back of their heads with a sandal, and babies on their bare bottom or with a diaper on.

Per Adult #1, A disclosure was made that Licensee would slap children on the back of their heads and would slap the bottom of babies’ feet with her bare hand.

Regarding forms of discipline which Licensee admits to using, Licensee admits to currently having children sit or stand in the hallway. When asked what forms of discipline she has used since being licensed in 1982, Licensee admitted to one time using a plastic ruler to tap a child on the hand about 12-13 years ago. Also, Licensee admitted to hitting children on their open hand with a flip flop about 5-8 years ago.

Though it occurred approximately five years ago, as licensee admitted to hitting children with a flip flop, corroborating the disclosure that children were hit with a sandal, the allegation that “Licensee hit daycare child” has been determined to be Substantiated.

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 “Licensee
SUPERVISOR'S NAME: Claudia GuangorenaTELEPHONE: (323) 981-3417
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 33-CC-20210303162830
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: 06/02/2021
NARRATIVE
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hit daycare child.” 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: Claudia GuangorenaTELEPHONE: (323) 981-3417
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 33-CC-20210303162830
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: 06/02/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
06/04/2021
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 assistant will sign a statement 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 or may have their electronics taken away as forms of discipline.
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-This requirement is not met as evidenced by: based upon licensee's own admission, as recently as five years ago, licensee uses corporal punishment, including hitting children with a sandal, as a form of discipline. This poses an immediate health, safety or Personal Rights risk to the children in care.
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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: Claudia GuangorenaTELEPHONE: (323) 981-3417
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2021
LIC9099 (FAS) - (06/04)
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