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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 243910177
Report Date: 04/28/2022
Date Signed: 04/28/2022 10:43:38 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710
This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/24/2022 and conducted by Evaluator Robert Gutierrez
PUBLIC
COMPLAINT CONTROL NUMBER: 04-CC-20220324141404
FACILITY NAME:ROTERING, HEATHER FAMILY CHILD CAREFACILITY NUMBER:
243910177
ADMINISTRATOR:ROTERING, HEATHERFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(408) 499-8170
CITY:LOS BANOSSTATE: CAZIP CODE:
93635
CAPACITY:14CENSUS: 8DATE:
04/28/2022
UNANNOUNCEDTIME BEGAN:
09:45 AM
MET WITH:Heather RoteringTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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Day care children are not free from unusual punishment or other actions of a punitive nature, including interference with toileting.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Robert Gutierrez conducted an unannounced complaint inspection to provide findings. LPA met with Licensee, Heather Rotering also present was Staff #1. Licensee accompanied LPA during tour of facility both inside and outside. LPA discussed the allegation and took a census. Based on interviews, observations conducted, and police records obtained it was determined that staff use time-out as form of discipline. If child acts out, they are told to go into the kitchen and face the wall. A child then must stare at the wall until time-out is completed. This time out varies per child and does not go past the child’s age per minutes. However, children are still allowed to use the restroom. Requiring children to face the wall during time-outs is not an appropriate form of discipline and constitutes a personal rights violation.

Based upon information gathered through interviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Susie FanningTELEPHONE: (559) 650-7890
LICENSING EVALUATOR NAME: Robert GutierrezTELEPHONE: 559-243-4588
LICENSING EVALUATOR SIGNATURE:

DATE: 04/28/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/28/2022
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 04-CC-20220324141404
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: ROTERING, HEATHER FAMILY CHILD CARE
FACILITY NUMBER: 243910177
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/28/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
04/29/2022
Section Cited
CCR
102423(a)(4)
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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.
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Licensee stated she will cease using this time-out method and review the Community Care Licensing (CCL) videos pertaining to children’s personal rights in childcare. Once completed a written statement shall be submitted to the CCL office saying this video has been watched.
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This requirement is not met as evidenced by interviews conducted during the course of the investigation. It was determined, as a form of discipline children are told to face the wall in the kitchen. This poses as a potential risk to the health, safety, or personal rights of children in care.
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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: Susie FanningTELEPHONE: (559) 650-7890
LICENSING EVALUATOR NAME: Robert GutierrezTELEPHONE: 559-243-4588
LICENSING EVALUATOR SIGNATURE:

DATE: 04/28/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/28/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 3