198015487-6-5-2019-33-CC-KHAD-BD9M9F-20190618092440

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198015487
Report Date: 06/05/2019
Date Signed: 06/05/2019 04:45:51 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
04/08/2019 and conducted by Evaluator Ana Chico

COMPLAINT CONTROL NUMBER: 33-CC-20190408144317

FACILITY NAME:	HUERTA FAMILY CHILD CARE		FACILITY NUMBER:	198015487
ADMINISTRATOR:	HUERTA, MARTHA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(626) 444-2483
CITY:	EL MONTE	STATE: CA	ZIP CODE:	91731
CAPACITY:	14	CENSUS: 1	DATE:	06/05/2019
		UNANNOUNCED	TIME BEGAN:	02:30 PM
MET WITH:	Martha Huerta		TIME COMPLETED:	03:30 PM

ALLEGATION(S):

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9

Personal Rights: Provider used inappropriate language with daycare child.

INVESTIGATION FINDINGS:

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Ana Chico, Licensing Program Analyst (LPA) conducted an unannounced complaint inspection. LPA met with Martha Huerta, licensee. LPA explained that the purpose for the inspection is to provide finding relative to an allegation that licensee used inappropriate language with a day care child.
During the course of the investigation, LPA interviewed licensee and subject of the investigation. Statements obtained from both the alleged victim and licensee were consistent. During the course of interviews, licensee admitted to have called child "dumb" after child was observed getting his shoes and clothes wet with a water hoes. Based on staff's own submission, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, is being cited on the attached LIC 9099D.
Exit interview conducted. A "Notice of Site Visit" and copy of the report was issued. A copy of this report documenting a Type A citation shall be provided the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled child for the next 12 months. Receipt of Acknowledgment must be signed and kept in chidren's files. Exit interview conducted. Appeal rights provided and explained.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Katherine Harewood	TELEPHONE: (323) 981-2956
LICENSING EVALUATOR NAME: Ana Chico	TELEPHONE: (323) 981-3374
LICENSING EVALUATOR SIGNATURE:	DATE: 06/05/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/05/2019

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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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
04/08/2019 and conducted by Evaluator Ana Chico

COMPLAINT CONTROL NUMBER: 33-CC-20190408144317

FACILITY NAME:	HUERTA FAMILY CHILD CARE		FACILITY NUMBER:	198015487
ADMINISTRATOR:	HUERTA, MARTHA		FACILITY TYPE:	810
ADDRESS:	3803 GLEN WAY		TELEPHONE:	(626) 444-2483
CITY:	EL MONTE	STATE: CA	ZIP CODE:	91731
CAPACITY:	14	CENSUS: 1	DATE:	06/05/2019
		UNANNOUNCED	TIME BEGAN:	02:30 PM
MET WITH:	Martha Huerta		TIME COMPLETED:	03:30 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Personal Rights: Provider hit day-care child.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Ana Chico, Licensing Program Analyst (LPA) conducted an unannounced complaint inspection. LPA met with Martha Huerta, licensee. LPA explained that the purpose for the inspection is to provide finding relative to an allegation that licensee hits day care children.

LPA conducted interviews with licensee, complainant, parents and alleged victim. LPA attempted to conduct interview with child #3 who was unable to provide verbal statements. Parent interview did not disclose concerns with children being hit. In addition, complainant failed to provide an alleged video recording of licensee hitting a day care child.

Based on the collected information, LPA has deemed that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore at this time the above allegation is unsubstantiated. Exit interview conducted, during which appeal rights were explained. The signature on this reports acknowledges receipt of her rights.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Katherine Harewood	TELEPHONE: (323) 981-2956
LICENSING EVALUATOR NAME: Ana Chico	TELEPHONE: (323) 981-3374
LICENSING EVALUATOR SIGNATURE:	DATE: 06/05/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/05/2019

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 33-CC-20190408144317

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: HUERTA FAMILY CHILD CARE	FACILITY NUMBER: 198015487
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 06/05/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 06/14/2019 Section Cited CCR 102423(a)	1 2 3 4 5 6 7	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 regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following:	1 2 3 4 5 6 7	According to licensee she will ensure that she speaks to children with respect. A letter of understanding will be provided.
	8 9 10 11 12 13 14	(1) To be treated with dignity in his/her personal relationship with staff and other persons. This requirement has not been met as evidenced by staff's own submission that she called a day care child "dumb". This poses a immediate 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: Katherine Harewood	TELEPHONE: (323) 981-2956
LICENSING EVALUATOR NAME: Ana Chico	TELEPHONE: (323) 981-3374
LICENSING EVALUATOR SIGNATURE:	DATE: 06/05/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/05/2019

LIC9099 (FAS) - (06/04)

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