198019364-2-15-2023-33-CC-ACHO-CQTU7T-20230412152028

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198019364
Report Date: 02/15/2023
Date Signed: 02/15/2023 04:51:19 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
02/07/2023 and conducted by Evaluator Jennifer Hua

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20230207144909

FACILITY NAME:	GRAHAM FAMILY CHILD CARE		FACILITY NUMBER:	198019364
ADMINISTRATOR:	FALLON TIANA GRAHAM		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(310) 500-5600
CITY:	DIAMOND BAR	STATE: CA	ZIP CODE:	91765
CAPACITY:	14	CENSUS: 17	DATE:	02/15/2023
		UNANNOUNCED	TIME BEGAN:	01:07 PM
MET WITH:	Jiovondra Cullins & Fallon Graham		TIME COMPLETED:	05:00 PM

ALLEGATION(S):

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Day care was over capacity

INVESTIGATION FINDINGS:

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Complaint inspection conducted by Licensing Program Analysts Jennifer Hua and Veronica Martinez-Garza. LPAs arrived at the front door of faciltiy at 1:07pm, LPAs rang door bell and knocked on door but no one opened the door. LPAs could hear children inside. LPA Veronica walked to the side yard to check. At around 1:10pm Licensee Fallon pulled up on the driveway and allowed LPAs in the home. The purpose of the visit was announced. Upon entry, LPAs observed 9 children in the day care room (family room) alone with assistant, 4 of whom are infants and 5 were preschool-age. Licensee stated that she had car trouble and she went to run her car because the mechanic is going to check her car because her car is stalling and she transports kids. At arouind 1:16pm, Licensee toured LPA Hua the rest of the home, LPA observed an infant laying on bouncer chair in an off limits bedroom by himself. Licensee stated that she does not know why the baby is in the off limits bedroom and should not be in there all. At around 1:23pm, Licensee took LPA to check the garage and her vehicle which is parked outside the garage on the driveway, at that point, LPA Hua and licensee observed 7 preschool children were outside by themselves in front of the side gate. Prior to taking LPA outside to check the car, licensee was stalling, folding kids' blankets and said she needs to get situated, at that point LPA Hua insist that licensee and LPA go outside and fold the blankets later. Based on observation, assistant Jiovondra Cullins was alone with 17 children, 5 of whom are infants and 12 are

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Jennifer Hua
LICENSING EVALUATOR SIGNATURE:	DATE: 02/15/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/15/2023

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 4

Control Number 33-CC-20230207144909

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 CHILD CARE	FACILITY NUMBER: 198019364
	VISIT DATE: 02/15/2023

NARRATIVE

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During the tour of the facility, LPA observed 5 bouncer chairs, 2 in the bedroom where an infant was found laying in the bouncer chair and 3 bouncer chairs were observed in the garage next to the day care room. Licensee stated the bouncer chairs were given to her by parents and she collects them to give to other parents. Per licensee, she is over capacity because parents did not pick up their children as scheduled.

During the visit, 6 children were picked up.

This agency has investigated the complaint alleging day care was over capacity. Based on LPAs observation, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, Title 22 are being cited on the attached LIC 9099D.

Upon receipt of this report documenting a substantiated complaint allegation and a Type A deficiency, the licensee shall do the following:
1. Post the Notice of Site visit and any licensing report documenting a Type “A” deficiency.
2. The report and the Notice of Site visit shall be posted for 30 consecutive days. Failure to maintain posting as required, will result in an immediate $100 civil penalty.
3. A copy of this report shall be provided to 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 children for the next 12 months (1 year).
4. The Acknowledgement form (LIC 9224) must be maintained in each child’s file immediately upon receipt from parent. A copy of the parent Acknowledgement of Receipt of Licensing Reports Form was provided during this visit.

Exit interview was conducted with Fallon Graham, licensee, including, but not limited to Provider Rights, Appeal Procedures and Agencies Consultative Role. .

SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Jennifer Hua
LICENSING EVALUATOR SIGNATURE:	DATE: 02/15/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/15/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 33-CC-20230207144909

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 CHILD CARE	FACILITY NUMBER: 198019364
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/15/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 02/16/2023 Section Cited CCR 102416.5(e)	1 2 3 4 5 6 7	Staffing Ratio and Capacity. If no assistant provider is present at a Large Family Child Care Home, then the licensee shall comply with the capacity requirements for a Small Family Child Care Home as specified in subsections (b) and (c). The requirement is not met as evidenced by:	1 2 3 4 5 6 7	Per licensee, in the process of disenrolling children starting today and hiring another assistant. Per licensee will submit written statement including the number and name of children disenrolled and submit documents for the new assistant by 2/17/2023.
	8 9 10 11 12 13 14	Upon arrival at 1:07pm, LPAs observed assistant was alone with 17 children, 5 of whom are infants and 12 are of preschool-age. This poses an immediate risk to the health & safety of children in care. This is the 3rd citation issued within 1 month.	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.

SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Jennifer Hua
LICENSING EVALUATOR SIGNATURE:	DATE: 02/15/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/15/2023

LIC9099 (FAS) - (06/04)

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