<meta name="robots" content="noindex">
Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 191511402
Report Date: 07/11/2022
Date Signed: 07/11/2022 07:06:40 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, 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
04/13/2022 and conducted by Evaluator Betty Bell
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20220413111905
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: 10DATE:
07/11/2022
UNANNOUNCEDTIME BEGAN:
03:40 PM
MET WITH:Licensee Gail GrahamTIME COMPLETED:
07:00 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Staff hit daycare children

Staff covered infants mouth
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
An unannounced, in-person, follow-up complaint inspection was conducted on this date by Licensing Program Analyst (LPA) Emiko Bell. Upon arrival, LPA was greeted and let into the residence by Assistant Jordan Brown. Once inside the residence, LPA was greeted by Licensee Gail Graham, to whom the purpose of the inspection was announced and to whom the COVID screening questions were posed.

The purpose of the inspection is to provide the findings of a Complaint investigation. As a precautionary measure against COVID-19, LPA wore a face covering the duration of the inspection.

At 03:45, census was taken. There were three adults and ten children present: three infants and three 3 year-olds, two 5 year olds and a nine year old. All three adults present have Criminal Background Clearance and are associated to the facility. Staff-child ratio was met.

Page 1/4
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: 07/11/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2022
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 6
Control Number 33-CC-20220413111905
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: 07/11/2022
NARRATIVE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
 Page 2/4

From 03:50-04:10, interviews were conducted with two children present.

Throughout the course of the investigation, interviews were conducted with the Reporting Party, two staff, two adults and five minors; and documentation in the form of the Child Care Facility Roster was obtained.

-Pertaining to the allegation that “Staff hit daycare children”: this refers to an allegation that Staff #2 hits children on their heads.

According to Adult #2, they were informed by C3 that S2 hits C5 on their head when they’re crying too much but denied that S2 ever hit them; C4 then disclosed to A2 that C4 and C6 would get “spanked” on their heads by S2.

Of the five children interviewed by LPA, two denied ever being hit and/or ever seeing any child hit. C2 stated that though they weren’t hit, they were told by another child that S2 hit them on their head. C3 stated that they and C4 and C5 were “spanked” on their heads, though they could not recall when or why or how many times. When asked to show how they were “spanked” on their head, child displayed a smack to their face and then to the side of the hide with an open palm. C8 corroborated that children are occasionally given a slight slap on the side of their head with either a water bottle or an open hand, but that it’s usually after the child has already been told to stop doing something and continues to do it and that it’s usually younger children. When asked how hard the slap/smack is, both C3 and C8 demonstrated that it’s not hard. When asked whether children cry after getting slapped/smacked, all children said no.

Both S1 and S2 deny hitting children. According to S1, C2 would say they were going to their

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

DATE: 07/11/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 33-CC-20220413111905
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: 07/11/2022
NARRATIVE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
 Page 3/4

parent that S1 or S2 did something to them and would tell C3 and C4 to also say something to A2 if C2 didn’t get their way or was reprimanded for doing something.

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 “Staff hit daycare children.” 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.

-Pertaining to the allegation that “Staff covered infant’s mouth”: this refers to an allegation that when a baby cries, Staff #2 would put their hand over their mouth and spank them on the mouth to be quiet.

Though S2 denies putting their hand over an infant’s mouth, A2 stated that S2 did it to one of their own children in front of them to get them to stop crying and C1 disclosed that S2 does it to C7 during naptime when C7 is awake and all other children are sleeping in order to get them to be quiet or quiet down. However, C1 denied that S2 spanks babies on their mouths.

As corroborating statements were made, the allegation that “Staff covered infant’s mouth” has been determined to be Substantiated.

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

DATE: 07/11/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 33-CC-20220413111905
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: 07/11/2022
NARRATIVE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
 Page 4/4

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 “Staff covered infant’s mouth.” 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.

LPA Bell informed Licensee Gail Graham that this report dated 07/11/22 document(s) two Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA Bell informed Licensee Gail Graham to provide a copy of this licensing report dated 07/11/22 that documents any Type A citation(s) 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 conducted and report was reviewed with Licensee Gail Graham.

A Notice of Site Visit was given and must remain posted for 30 days.

Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

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

DATE: 07/11/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 33-CC-20220413111905
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: 07/11/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
07/11/2022
Section Cited
CCR
102423(a)(4)
1
2
3
4
5
6
7
PERSONAL RIGHTS
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...These rights include, but are not limited to, the following: To be free from corporal or unusual punishment, infliction of pain...
1
2
3
4
5
6
7
Licensee Graham agrees to have at least two people present when children are present, in addition, staff will write the steps they will take for progressve discipline as well as write a statement that they understand that they cannot inapproriately discipline children though use of their hands (e.g. smacking/covering their mouth/slapping/tapping, etc.) LIcensee will
8
9
10
11
12
13
14
-This requirement is not met as evidenced by: three of five children interviewed corroborated that children are occasionally smacked/slapped by an open palm or a water bottle by staff. *This poses an immediate risk to the health and safety of children in care.*
8
9
10
11
12
13
14
provide thie written statements to LPA Bell by the COB on 07/12/22.
CCR
1
2
3
4
5
6
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
8
9
10
11
12
13
14
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: 07/11/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 33-CC-20220413111905
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: 07/11/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
07/11/2022
Section Cited
CCR
102423(a)(4)
1
2
3
4
5
6
7
PERSONAL RIGHTS
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...These rights include, but are not limited to, the following: To be free from corporal or unusual punishment, infliction of pain...
1
2
3
4
5
6
7
Licensee Graham agrees that her and her assistant will watch the "Personal Rights" video on the ccld.ca.gov web site and will write a summary of the video and what they learned from it and what they will do differently going forth. Licensee will provide the summaries to LPA Bell by the COB on 07/21/22.
8
9
10
11
12
13
14
-This requirement is not met as evidenced by: one adult and one child interviewed corroborated that the mouths of children are occasionally covered in order to stop them from crying. *This poses a potential risk to the health and safety of children in care.*
8
9
10
11
12
13
14
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: Claudia GuangorenaTELEPHONE: (323) 981-3417
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 07/11/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/11/2022
LIC9099 (FAS) - (06/04)
Page: 6 of 6