198018788-12-12-2019-33-CC-CGUA-BL7PDG-20200126101329

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198018788
Report Date: 12/12/2019
Date Signed: 12/12/2019 07:14:50 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
03/13/2019 and conducted by Evaluator Betty Bell

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20190313130408

FACILITY NAME:	ESQUEDA FAMILY CHILD CARE		FACILITY NUMBER:	198018788
ADMINISTRATOR:	ESQUEDA, CYNTHIA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(626) 364-7573
CITY:	COVINA	STATE: CA	ZIP CODE:	91724
CAPACITY:	14	CENSUS: 2	DATE:	12/12/2019
		UNANNOUNCED	TIME BEGAN:	06:06 PM
MET WITH:	Licensee Cynthia Esqueda		TIME COMPLETED:	07:06 PM

ALLEGATION(S):

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Licensee did not ensure that day care children were adequately fed

Licensee force fed day care child

Licensee hit day care child

INVESTIGATION FINDINGS:

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An unannounced follow up Complaint inspection was conducted on today's date by Licensing Program Analyst(LPA) B. Emiko Bell. Upon arrival, LPA was greeted and let into the residence by Licensee's spouse Manuel Esqueda, to whom the reason for the inspection was announced.

Upon arrival, there were two adults with two minor children. There were no daycare children present because the daycare was closed.

-Pertaining to the allegation that “Licensee did not ensure that day care children were adequately fed”:

Throughout the course of the investigation, interviews were conducted with seventeen adults (including Reporting Party, staff and parents) three children and documentation in the form of handwritten notes, the Suspected Child Abuse Report and the Child Care Facility Roster were obtained.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Claudia Guangorena	TELEPHONE: (323) 981-3391
LICENSING EVALUATOR NAME: Betty Bell	TELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:	DATE: 12/12/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/12/2019

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-20190313130408

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: ESQUEDA FAMILY CHILD CARE	FACILITY NUMBER: 198018788
	VISIT DATE: 12/12/2019

NARRATIVE

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The allegation refers to four children who attended the daycare. According to four of the adults interviewed, the four daycare children eat very quickly and eat as much as they can, and never seem full. According to six adults interviewed, one of the daycare children is a picky eater, who gags or spits up/vomits food if they do not like it. Child #1 corroborated that Child #2 would throw up food if Child #2 does not like the food. Child #1 admitted to being upset that Licensee would not permit Child #1 to eat food brought from home. According to Licensee, as she is on a food program, she is required to offer children food and the children are not supposed to eat food they bring from home unless the parent opts out of the food program. However, Licensee admitted that if a child does not eat the food given to them that the plate is then taken away from the child and no other alternative is offered.

As it was stated that the daycare children eat all of their food and yet never seem full and as the Licensee is on a food program and is therefore restricted by times, amount of times per day that she is permitted to serve the children food, and admitted to not offering an alternative if a child does not eat the food she serves, the allegation that “Licensee did not ensure that day care children were adequately fed” has been determined to be Unsubstantiated.

This agency has investigated the complaint alleging that there was a violation of Title 22, Division 12, Chapter 1, Article 6, Section 101423 (a) (4), "Personal Rights." Based upon the evidence as presented above, it has been determined that the complaint was Unsubstantiated (formerly Inconclusive). A finding of Unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of evidence to

SUPERVISOR'S NAME: Claudia Guangorena	TELEPHONE: (323) 981-3391
LICENSING EVALUATOR NAME: Betty Bell	TELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:	DATE: 12/12/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/12/2019

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20190313130408

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: ESQUEDA FAMILY CHILD CARE	FACILITY NUMBER: 198018788
	VISIT DATE: 12/12/2019

NARRATIVE

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prove the alleged violation did or did not occur.

No deficiencies are being cited.

-Pertaining to the allegation that “Licensee force fed day care child”:

The allegation refers to an allegation that when Child #2 once threw up/spit up food that Licensee served that Child #2 did not like, that Licensee made Child #2 eat the throw up/spit up food.

According to three of the adults interviewed, it was on at least one occasion that Child #2 had vomited/spit up food on the table and part of it landed on Licensee. As Licensee was going upstairs to change her clothes, she said, “Don’t eat it,” and the three adults witnessed Child #2 voluntarily eating her own vomit/spit up. According to two of the adults, Child #1 disclosed that Licensee had made Child #2 eat the vomit/spit. However, when asked, Child #1 states that they don’t remember whether Licensee made Child #2 eat their own vomit or whether Child #1 voluntarily ate their own vomit. According to the Reporting Party, Child #1 had stated that even when Child #2 would vomit or spit up, Licensee would encourage Child #2 to continue to eat more food, not necessarily to eat the vomit, and that it was possible that the two adults are misunderstanding what Child #1 is stating that Licensee is having Child #2 eat after vomiting.

Based upon the evidence as listed above, the allegation that “Licensee force fed day care child" has been determined to be Unsubstantiated.

SUPERVISOR'S NAME: Claudia Guangorena	TELEPHONE: (323) 981-3391
LICENSING EVALUATOR NAME: Betty Bell	TELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:	DATE: 12/12/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/12/2019

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20190313130408

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: ESQUEDA FAMILY CHILD CARE	FACILITY NUMBER: 198018788
	VISIT DATE: 12/12/2019

NARRATIVE

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This agency has investigated the complaint alleging that there was a violation of Title 22, Division 12, Chapter 1, Article 6, Section 101423 (a) (4), "Personal Rights." Based upon the evidence as presented above, it has been determined that the complaint was Unsubstantiated (formerly Inconclusive). A finding of Unsubstantiated means 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.

No deficiencies are being cited.

-Pertaining to the allegation that “Licensee hit day care child”:

According to the Reporting Party, Child #1 disclosed that Licensee had slapped Child #2. According to one of the other adults interviewed, Child #1 disclosed that Licensee had slapped Child #5 and spanked Child #4. According to another adult interviewed, Licensee had slapped Child #1 and spanked Child #4. According to the three staff interviewed, Licensee uses two methods of discipline: either re-direction or a form of discipline called “Safe space,” which permits the child to choose their own space, if they need space or alone time, and to sit there for as long as they wish to.

Based upon the evidence as listed above, the allegation that “Licensee hit day care child" has been determined to be Unsubstantiated.

This agency has investigated the complaint alleging that there was a violation of Title 22, Division 12, Chapter 1, Article 6, Section 101423 (a) (4), "Personal Rights." Based upon

SUPERVISOR'S NAME: Claudia Guangorena	TELEPHONE: (323) 981-3391
LICENSING EVALUATOR NAME: Betty Bell	TELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:	DATE: 12/12/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/12/2019

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20190313130408

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: ESQUEDA FAMILY CHILD CARE	FACILITY NUMBER: 198018788
	VISIT DATE: 12/12/2019

NARRATIVE

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the evidence as presented above, it has been determined that the complaint was Unsubstantiated (formerly Inconclusive). A finding of Unsubstantiated means 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.

No deficiencies are being cited.

The Notice of Site Visit was posted by Licensee Cynthia Esqueda in LPA's presence. LPA informed Licensee Alma Vazquez that if the Notice of Site Visit is removed prior to thirty (30) days, a citation will be issued and a $100 civil penalty will be assessed.

An exit interview has been conducted with, and a copy of this report has been signed by and provided to Licensee Cynthia Esqueda. Appeal Rights have been provided and explained to same.

SUPERVISOR'S NAME: Claudia Guangorena	TELEPHONE: (323) 981-3391
LICENSING EVALUATOR NAME: Betty Bell	TELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:	DATE: 12/12/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/12/2019

LIC9099 (FAS) - (06/04)

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