197407231-10-4-2023-58-CC-BBEL-CWT6DH-20231020204306

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 197407231
Report Date: 10/04/2023
Date Signed: 10/04/2023 02:43:56 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO CC NORTH, 300 CONTINENTAL BLVD. STE 290A
EL SEGUNDO, CA 90245

This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/21/2023 and conducted by Evaluator Suzette Ornelas

PUBLIC

COMPLAINT CONTROL NUMBER: 58-CC-20230621150457

FACILITY NAME:	GALLEGOS FAMILY CHILD CARE		FACILITY NUMBER:	197407231
ADMINISTRATOR:	GALLEGOS, VERONICA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(818) 626-9104
CITY:	WINNETKA	STATE: CA	ZIP CODE:	91306
CAPACITY:	14	CENSUS: 4	DATE:	10/04/2023
		UNANNOUNCED	TIME BEGAN:	09:45 AM
MET WITH:	Veronica Gallegos - Licensee		TIME COMPLETED:	02:45 PM

ALLEGATION(S):

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Allegation 1 - Adult in the home did not provide day care children privacy by placing a camera in bathroom
Allegation 2 - Adults in home engaged in physical altercations in the presence of day care children

INVESTIGATION FINDINGS:

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On 10/4/2023, Licensing Program Analyst (LPA) Suzette Ornelas conducted an unannounced visit for the purpose of delivering the findings for the above-mentioned allegations. The complaint investigation was conducted by Investigations Branch (IB) Investigator Juan Lozano.
LPA Ornelas met with Licensee Veronica Gallegos. LPA toured the facility and observed 4 children in care being supervised by 2 adults and 1 other fingerprinted adult in the home.

Throughout the course of the investigation, the IB investigator conducted five interviews and obtained documentation in the form of two Los Angeles Police Department Investigative Reports.

-Pertaining to the allegation that “Adult in the home did not provide day care children privacy by placing a camera in bathroom”:
According to the IB Report: Based on the evidence obtained during the investigation it is highly likely that Adult 1 (A1) placed a camera in the bathroom.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Betty Bell	TELEPHONE: (424) 301-3063
LICENSING EVALUATOR NAME: Suzette Ornelas	TELEPHONE: 424-301-3008
LICENSING EVALUATOR SIGNATURE:	DATE: 10/04/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/04/2023

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 58-CC-20230621150457

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO CC NORTH, 300 CONTINENTAL BLVD. STE 290A
EL SEGUNDO, CA 90245

FACILITY NAME: GALLEGOS FAMILY CHILD CARE	FACILITY NUMBER: 197407231
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/04/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/18/2023 Section Cited CCR 102423(a)(2)	1 2 3 4 5 6 7	102423 Personal Rights (a) Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee...These rights include, but are not limited to, the following: (2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Licensee agreed that A1 will watch the following video and submit a summary on what was watched. https://ccld.childcarevideos.org/child-care-center-operators/childrens-personal-rights-in-child-care/
	8 9 10 11 12 13 14	Based on the IB Investigation, Adult 1 in the home did not provide day care children privacy by placing a camera in bathroom. This poses an immediate risk to the health and safety of children in care.	8 9 10 11 12 13 14	Licensee will submit proof of correction to LPA via email. suzette.ornelas@dss.ca.gov
Type A 10/18/2023 Section Cited CCR 102423(a)(2)	1 2 3 4 5 6 7	102423 Personal Rights (a) Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee...These rights include, but are not limited to, the following: (2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Licensee agrees to watch the following video and submit a summary on what was watched. https://ccld.childcarevideos.org/family-child-care-providers/background-check-requirements-for-caregivers/ LPA observed licensee posting on front door which stated no unfingerprinted adults allowed in the home.
	8 9 10 11 12 13 14	Based on the IB Investigation, Licensee knew A2 did not have criminal record clearance, allowed him in the home. This poses an immediatel risk to the health and safety of children in care.	8 9 10 11 12 13 14	Licensee will submit proof of correction to LPA via email. suzette.ornelas@dss.ca.gov

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: Betty Bell	TELEPHONE: (424) 301-3063
LICENSING EVALUATOR NAME: Suzette Ornelas	TELEPHONE: 424-301-3008
LICENSING EVALUATOR SIGNATURE:	DATE: 10/04/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/04/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 5

Control Number 58-CC-20230621150457

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO CC NORTH, 300 CONTINENTAL BLVD. STE 290A
EL SEGUNDO, CA 90245

FACILITY NAME: GALLEGOS FAMILY CHILD CARE	FACILITY NUMBER: 197407231
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/04/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/18/2023 Section Cited CCR 102402(a)(3)	1 2 3 4 5 6 7	102402 Revocation or Suspension of a License or Registration (a) The Department shall have the authority to suspend or revoke any license for the following reasons: (3)Conduct in the operation or maintenance of a family day care home which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of the State of California. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Licensee agrees to (1) complete the Mandated reporter training at https://mandatedreporterca.com/ (2) write a decleration with the understanding on how to safeguard the children moving forward.
	8 9 10 11 12 13 14	Based on interviews conducted, Licensee failed to protect the children by continuing to let A2 in the home knowing A2 committed domestic violence and threatened A3, this poses an immediate risk to the health and safety of children in care.	8 9 10 11 12 13 14	Licensee will submit proof of correction to LPA via email. suzette.ornelas@dss.ca.gov (1) Mandater reporter training certificate (2) Decleration
Type A 10/18/2023 Section Cited CCR 102402(a)(3)	1 2 3 4 5 6 7	102402 Revocation or Suspension of a License or Registration (a) The Department shall have the authority to suspend or revoke any license for the following reasons: (3) Conduct in the operation or maintenance of a family day care home which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of the State of California. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Licensee agrees A1 will (1) complete the Mandated reporter training at https://mandatedreporterca.com/ (2) write a decleration with the understanding on how to safeguard the children moving forward.
	8 9 10 11 12 13 14	Based on interviews conducted, A1 admitted to installing the camera in the bathroom vent, trying to influence a child to recant their allegation, this poses an immediate risk to the health and safety of children in care.	8 9 10 11 12 13 14	Licensee will submit proof of correction to LPA via email. suzette.ornelas@dss.ca.gov (1) Mandater reporter training certificate (2) Decleration

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: Betty Bell	TELEPHONE: (424) 301-3063
LICENSING EVALUATOR NAME: Suzette Ornelas	TELEPHONE: 424-301-3008
LICENSING EVALUATOR SIGNATURE:	DATE: 10/04/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/04/2023

LIC9099 (FAS) - (06/04)

Page: 5 of 5

Control Number 58-CC-20230621150457

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO CC NORTH, 300 CONTINENTAL BLVD. STE 290A
EL SEGUNDO, CA 90245

FACILITY NAME: GALLEGOS FAMILY CHILD CARE	FACILITY NUMBER: 197407231
	VISIT DATE: 10/04/2023

NARRATIVE

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During the investigation, IB Investigator collected a video recording in which A1 admitted to placing a camera in the bathroom. A1 was positively identified by their voice and his face in the video. IB Investigator contacted A1 telephonically to verify the voice in the recording was A1’s voice. IB Investigator compared the subject’s face in the video to a Department of Motor Vehicles Image – CAL-PHOTO and determined that A1 was the person admitting to placing a camera in the bathroom.

-Pertaining to the allegation that “Adults in home engaged in physical altercations in the presence of day care children”:
According to the IB Report: On April 11, 2023, Los Angeles Police completed an investigation for Intimate Partner Violence that occurred at the Family Child Care Home. The suspect listed on the police report was Adult 2 (A2). Adult 3 (A3) works as an assistant in the Family Child Care Home and has a child with A2. The night of April 11, they were meeting to exchange custody of their child and due to misunderstanding where the meeting place was, A2 became enraged and threw a baby bottle at A3, which struck A3 on the left shoulder. During the incident, A2 also yelled at and berated A3.

According to Title 22 regulations, anyone over the age of 18 who “has contact with the children” needs to obtain Criminal Record Clearance. A2 does not have Criminal Record Clearance and Licensee was aware of this, and still permitted A3 in the residence prior to, and after, this incident.

As licensee’s hours of operation are Monday through Saturday 24 hours, it is possible that daycare children were present during this domestic violence incident.

Based upon the evidence as presented above, the preponderance of evidence standard has been met. Therefore, the allegations that “Adult in the home did not provide day care children privacy by placing a camera in bathroom” and “Adults in home engaged in physical altercations in the presence of day care children” has been found to be Substantiated. A finding that the complaint is substantiated means that the allegation is valid because the preponderance of the evidence standard has been met.

The following four Type A deficiencies, are being cited on 10/4/2023. Upon receipt of a Type A violation, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months.
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SUPERVISOR'S NAME: Betty Bell	TELEPHONE: (424) 301-3063
LICENSING EVALUATOR NAME: Suzette Ornelas	TELEPHONE: 424-301-3008
LICENSING EVALUATOR SIGNATURE:	DATE: 10/04/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/04/2023

LIC9099 (FAS) - (06/04)

Page: 3 of 5

Control Number 58-CC-20230621150457

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
EL SEGUNDO CC NORTH, 300 CONTINENTAL BLVD. STE 290A
EL SEGUNDO, CA 90245

FACILITY NAME: GALLEGOS FAMILY CHILD CARE	FACILITY NUMBER: 197407231
	VISIT DATE: 10/04/2023

NARRATIVE

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A copy of the Fact Sheet - Child Care Parent Notification Requirements and a copy of LIC 9224 will be given to licensee. (see LIC 9099-D)

102423(a)(2) Personal Rights
102423(a)(2) Personal Rights
102402(a)(3) Revocation or Suspension of a License or Registration
102402(a)(3) Revocation or Suspension of a License or Registration

A copy of this report, notice of site visit, and appeal rights were provided. The Notice of Site Visit (LIC 9213) – must remain posted for 30 days during the hours of operation after each site visit by a licensing representative. Failure to maintain posting as required will result in a civil penalty of $100.00. Exit interview was conducted with Licensee Veronica Gallegos.

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SUPERVISOR'S NAME: Betty Bell	TELEPHONE: (424) 301-3063
LICENSING EVALUATOR NAME: Suzette Ornelas	TELEPHONE: 424-301-3008
LICENSING EVALUATOR SIGNATURE:	DATE: 10/04/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/04/2023

LIC9099 (FAS) - (06/04)

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