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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304311418
Report Date: 12/15/2020
Date Signed: 12/15/2020 03:31:01 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/29/2020 and conducted by Evaluator Sherene Hawkins
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20201029105044
FACILITY NAME:LEMUS, GLORIAFACILITY NUMBER:
304311418
ADMINISTRATOR:LEMUS, GLORIAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(714) 835-3802
CITY:SANTA ANASTATE: CAZIP CODE:
92701
CAPACITY:14CENSUS: 7DATE:
12/15/2020
UNANNOUNCEDTIME BEGAN:
10:55 AM
MET WITH:Gloria Lemus TIME COMPLETED:
11:30 AM
ALLEGATION(S):
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Child in care had red marks under his chin and on arm
INVESTIGATION FINDINGS:
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Tele-Inspection- COVID-19 State of Emergency
Licensing Program Analyst (LPA) S. Hawkins conducted a follow up investigation regarding a complaint of personal rights allegation which was initiated on 10/30/20. The purpose of this visit was to provide the complaint findings to licensee, Gloria Lemus. During today’s tele-visit (via zoom) a virtual tour of the home was conducted. Present were the licensee and two assistants who were caring for seven day-care children. A review of criminal clearance records on this date indicates that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.
On 10/29/20 the Department received a complaint alleging that a child sustained unexplained injury while in care. It was reported that bruising was observed on the child’s (C1) arm and chin after being in licensed care on two separate occasions. It was reported that concerns about the bruising were brought to the licensee’s attention, and the licensee stated she was unaware of how the child received marks.
***continued on page 2**
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Judy HansonTELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Sherene HawkinsTELEPHONE: (949) 466-1624
LICENSING EVALUATOR SIGNATURE:

DATE: 12/15/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/15/2020
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 4
Control Number 06-CC-20201029105044
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: LEMUS, GLORIA
FACILITY NUMBER: 304311418
VISIT DATE: 12/15/2020
NARRATIVE
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**page 2**

The licensee later stated a possible scenario of how the injury could have happened. RP states that when child was asked to explain what happened in the presence of licensee, child stated that licensee hurt him. The licensee brushed it off. Licensee denies that she hit or injured the child and suggested the child could have sustained injuries from helping with the unboxing of holiday decorations.

During the investigation, LPA interviewed 3 staff, 7 parents, 5 children, and reviewed facility records. All staff reported that redirection and time out are used to discipline the children, and physical discipline is never used. Staff denied witnessing licensee hit any children in care.

Children reported that licensee talks to them after being in time out. Several children reported that at times licensee yells at the children if they tell her “no”, are not listening to her, or are not eating their food. Children reported that sometimes she yells in a mean way and sometimes not, as a result of the yelling some children may cry because their feelings are hurt. Children also reported that licensee mostly makes C1 cry and sometimes other kids makes C1 cry also. Children reported that several children in care including C1 has been hit by Licensee mostly because they didn’t listen or told her “no”. Children reported that they witnessed C1 being hit by Licensee on the buttocks (over the diaper) when the child didn’t want to eat.

Most parents interviewed reported that they are happy with the care children receive, however, an additional parent was concerned about the care and supervision and as a result removed the child from the day care. Parent added that she doesn’t believes licensee was intentionally trying to hurt the kids, however she had concerns.

Based on interviews conducted and additional documents, the facility staff handled children in a rough manner by disciplining them inappropriately by hitting on the children when they are misbehaving. This poses an immediate health and safety risk to the children in care. Therefore, the preponderance of evidence standard has been met, therefore, the above allegation of the child sustained unexplained injuries while in care is found to be substantiated. California Code of Regulations, Title 22, Division 12 Section 102423(a)(4) is being cited on the attached LIC 9099D.



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SUPERVISOR'S NAME: Judy HansonTELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Sherene HawkinsTELEPHONE: (949) 466-1624
LICENSING EVALUATOR SIGNATURE:

DATE: 12/15/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/15/2020
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 06-CC-20201029105044
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: LEMUS, GLORIA
FACILITY NUMBER: 304311418
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/15/2020
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
12/16/2020
Section Cited
CCR
102423(a)(4)
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102423(a) Personal Rights: Each child receiving services from a family childcare home shall have certain rights that shall not be waived...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
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Licensee stated she will review personal rights regulations; update her disciplining plan to ensure that positive disciplining is used and update plan for children's meal time to have an assistant assist during feedings and not force children to eat. Licensee will provide this plan to LPA via email by due date.
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other actions of a punitive nature, including, but not limited to:interference with eating... This requirement was not met as evidenced by Licensee hitting the children when they are misbehaving. This posses an immediate Health & Safety risk to 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: Judy HansonTELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Sherene HawkinsTELEPHONE: (949) 466-1624
LICENSING EVALUATOR SIGNATURE:

DATE: 12/15/2020
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/15/2020
LIC9099 (FAS) - (06/04)
Page: 4 of 4
Control Number 06-CC-20201029105044
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: LEMUS, GLORIA
FACILITY NUMBER: 304311418
VISIT DATE: 12/15/2020
NARRATIVE
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**page 3**

This report cites a Type A violation and shall be provided to parents/guardians of children currently enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC 9224 to be kept in each child's file.

Exit interview was conducted. The report and citation were read and reviewed with the licensee. A copy of the report along with Appeal Rights will be emailed to Licensee with a Read Receipt requested to acknowledge report was received. First level appeals should be sent to the regional manager to the address listed above. All appeals must be in writing and received by the licensing office within 15 business days. The first level appeal is to regional manager. Licensee was asked to respond to email by copying and pasting “I have read and received the Investigation Report, Appeal Rights, I acknowledge receipt.” Investigation Report LIC 9099 will also be mailed if those options are not available.


Copies of LIC 811 confidential names list dated 12/15/20 was provided.
SUPERVISOR'S NAME: Judy HansonTELEPHONE: (714) 703-2807
LICENSING EVALUATOR NAME: Sherene HawkinsTELEPHONE: (949) 466-1624
LICENSING EVALUATOR SIGNATURE:

DATE: 12/15/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/15/2020
LIC9099 (FAS) - (06/04)
Page: 3 of 4