198018211-1-15-2020-33-CC-CGAN-BL2S5Y-20200121123508

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198018211
Report Date: 01/15/2020
Date Signed: 01/15/2020 05:15:06 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
10/22/2019 and conducted by Evaluator Mireya Garcia

COMPLAINT CONTROL NUMBER: 33-CC-20191022114937

FACILITY NAME:	LOPEZ FAMILY CHILD CARE		FACILITY NUMBER:	198018211
ADMINISTRATOR:	LOPEZ, LESLIE		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(626) 235-3793
CITY:	SOUTH EL MONTE	STATE: CA	ZIP CODE:	91733
CAPACITY:	14	CENSUS: 4	DATE:	01/15/2020
		UNANNOUNCED	TIME BEGAN:	03:05 PM
MET WITH:	Leslie Lopez, Licensee		TIME COMPLETED:	05:15 PM

ALLEGATION(S):

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Licensee forced children to sleep.
Licensee would not allow children to use the restroom at the day care home when needed.

INVESTIGATION FINDINGS:

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Licensing Program Analysts (LPAs) Mireya Garcia and Roxana Lopez, arrived unannounced at the facility for the purpose of presenting the findings of the complaint investigation for the allegations listed above. LPAs met with Licensee, Leslie Lopez. Census was taken.

Information provided by the complainant alleges that the licensee forced children to sleep and licensee would not allow children to use the restroom at the day care home when needed.

Interviews were conducted with Complainant, Staff and Children. Documentation gathered in the form of the current Roster of Children and Text message communications from Licensee and Complainant showing discussion regarding napping and not allowing children to use the restroom when outside.

-------CONTINUES PAGE 1 of 2

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Christina Gabelman	TELEPHONE: (323) 981-3380
LICENSING EVALUATOR NAME: Mireya Garcia	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 01/15/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/15/2020

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 3

Control Number 33-CC-20191022114937

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: LOPEZ FAMILY CHILD CARE	FACILITY NUMBER: 198018211
	VISIT DATE: 01/15/2020

NARRATIVE

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Pertaining to the allegation that the licensee forced children to sleep: During interviews with Child #1 it was disclosed to LPA Garcia that licensee forces child to sleep by telling Child #1 to stay on mat with eyes closed.

Pertaining to the allegation that licensee would not allow children to use the restroom at the day care home when needed: During interviews with Child #1, Child #3, and Licensee’s statements concur that this incident did take place.

Based on LPAs interviews which were conducted, and record reviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. California Code of Regulations, Title 22, Division 12, Chapter 1, the following deficiency is being cited (see attached 9099D).

Exit interview conducted with Licensee, Leslie Lopez. A copy of the Appeal Rights (LIC 9058 FAS 01/16) were given and explained. Licensee’s signature on this form acknowledges receipt of these rights.

Notice of Site Visit has been posted (LIC9213). The notice shall be posted for 30 consecutive days. Failure to maintain posting as required will result in a $100.00 civil penalty.

Page 2 of 2 End of Report---------------------------

SUPERVISOR'S NAME: Christina Gabelman	TELEPHONE: (323) 981-3380
LICENSING EVALUATOR NAME: Mireya Garcia	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 01/15/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/15/2020

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 33-CC-20191022114937

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: LOPEZ FAMILY CHILD CARE	FACILITY NUMBER: 198018211
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/15/2020

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 02/18/2020 Section Cited CCR 102423(a)(4)	1 2 3 4 5 6 7	(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:(4)To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including, but not limited to: interference with eating, sleeping or toileting; or withholding shelter, clothing, medication or aids to physical functioning.	1 2 3 4 5 6 7	Per Licensee, she will take a training on children's personal rights and will submit to LPA Lopez via email proof of completion certificate from resource and referral agency by POC due date of 02/18/20. In addition, LPA Garcia obtained compliance plan for children's personal rights from Licensee.
	8 9 10 11 12 13 14	This requirement is not met as evidenced by LPAs interview disclosures were made that Licensee forced children to nap and that licensee did not allow children to use restroom during outside play. This poses a potential health and safety risk to 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: Christina Gabelman	TELEPHONE: (323) 981-3380
LICENSING EVALUATOR NAME: Mireya Garcia	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 01/15/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/15/2020

LIC9099 (FAS) - (06/04)

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