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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 334842596
Report Date: 05/16/2023
Date Signed: 05/16/2023 08:43:21 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, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/02/2023 and conducted by Evaluator Giselle Carbullido
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20230502123350
FACILITY NAME:RUBIO FAMILY CHILD CAREFACILITY NUMBER:
334842596
ADMINISTRATOR:RUBIO, JOANNAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(951) 532-5782
CITY:RIVERSIDESTATE: CAZIP CODE:
92503
CAPACITY:14CENSUS: 3DATE:
05/16/2023
UNANNOUNCEDTIME BEGAN:
08:05 AM
MET WITH:Joanna RubioTIME COMPLETED:
09:00 AM
ALLEGATION(S):
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Staff yelled at day care children
INVESTIGATION FINDINGS:
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On the date and time listed above, Licensing Program Analyst (LPA) Giselle Carbullido arrived at the facility to investigate in regard to the above complaint received on 05/02/2023. LPA was given access to the facility by Licensee, Joanna Rubio. LPA Carbullido discussed purpose of visit, took census, and toured the facility. LPA met with the Licensee to further discuss the complaint allegations and deliver findings.

It was alleged the Licensee and Assistant were yelling at children in care. During the investigation, LPA interviewed facility staff and children, and obtained audio recordings.

LPA interviewed two children and two staff-Licensee and Assistant. Children interviewed stated they have heard yelling from other children and staff but could not identify anyone by name. Staff acknowledged shouting and yelling at children in frustration. Staff stated they had difficulty in addressing a child’s excessive crying and expressed regret in not handling it better. Staff accepted full responsibility for the situation.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Giselle Carbullido
LICENSING EVALUATOR SIGNATURE:

DATE: 05/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/16/2023
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 5
Control Number 09-CC-20230502123350
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: RUBIO FAMILY CHILD CARE
FACILITY NUMBER: 334842596
VISIT DATE: 05/16/2023
NARRATIVE
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LPA listened and documented audio recordings received. Audio recordings confirmed staff interviews as staff can be heard repeatedly yelling as a child was crying.

Based on interviews conducted and audio recordings obtained, the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED. California Code of Regulations, 102423(a)(1) Personal Rights are being cited on the attached LIC 9099D.

LPA Carbullido informed Licensee Joanna Rubio this report, dated 05/16/23, documents one Type A citation, which shall be posted for 30 consecutive days as there is immediate risk to the health and safety of children in care.

Also, LPA Carbullido informed the Licensee to provide a copy of this licensing report dated 05/16/23 which documents a Type A citation, to parents/guardians of all children currently enrolled by either the next business day, or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

An exit interview was conducted with Licensee, Joanna Rubio and appeals rights were discussed. LPA Carbullido provided Licensee a copy of this report, appeal rights, and Notice of Site Visit form. LPA observed the Notice of Site Visit form was posted by Licensee. THIS REPORT MUST BE AVAILABLE TO THE PUBLIC UPON REQUEST FOR THREE YEARS.

SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Giselle Carbullido
LICENSING EVALUATOR SIGNATURE:

DATE: 05/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/16/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/02/2023 and conducted by Evaluator Giselle Carbullido
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20230502123350

FACILITY NAME:RUBIO FAMILY CHILD CAREFACILITY NUMBER:
334842596
ADMINISTRATOR:RUBIO, JOANNAFACILITY TYPE:
810
ADDRESS:16231 HIDDEN COVE DRIVETELEPHONE:
(951) 532-5782
CITY:RIVERSIDESTATE: CAZIP CODE:
92503
CAPACITY:14CENSUS: 3DATE:
05/16/2023
UNANNOUNCEDTIME BEGAN:
08:05 AM
MET WITH:Joanna RubioTIME COMPLETED:
09:00 AM
ALLEGATION(S):
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Staff hit day care children
INVESTIGATION FINDINGS:
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On 05/16/23 at 8:05 AM, Licensing Program Analyst (LPA) Giselle Carbullido arrived at the facility to investigate in regard to the above complaint received on 05/02/2023. LPA was given access to the facility by Licensee, Joanna Rubio. LPA Carbullido discussed purpose of visit, took census, and toured the facility. LPA met with the Licensee to further discuss the complaint allegations and deliver findings.

It was alleged the Licensee and Assistant were hitting children in care. During the investigation, LPA interviewed facility staff, interviewed children, and obtained audio recordings.
LPA interviewed two children and two staff. All children and staff interviewed denied seeing or hearing about children being hit. LPA listened and documented audio recordings received; however, was not able to determine if children were being hit by staff.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Giselle Carbullido
LICENSING EVALUATOR SIGNATURE:

DATE: 05/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/16/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 09-CC-20230502123350
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: RUBIO FAMILY CHILD CARE
FACILITY NUMBER: 334842596
VISIT DATE: 05/16/2023
NARRATIVE
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The evidence collected was not sufficient to substantiate or refute the above allegation. Although the allegation may have happened, or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegation is UNSUBSTANTIATED.

An exit interview was conducted, a copy of this report and Notice of Site Visit was provided to the Licensee Joanna Rubio. LPA observed the Notice of Site Visit was posted by staff. THIS REPORT MUST BE AVAILABLE TO THE PUBLIC FOR THREE YEARS

SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Giselle Carbullido
LICENSING EVALUATOR SIGNATURE:

DATE: 05/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/16/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 09-CC-20230502123350
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: RUBIO FAMILY CHILD CARE
FACILITY NUMBER: 334842596
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/16/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/17/2023
Section Cited
CCR
102423(a)(1)
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Personal Rights102423(a) (1)
(1) To be treated with dignity in his/her personal relationship with staff and other persons.
This requirement is not met as evidenced by:

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Facility will complete training on responsibility for care and supervision and personal rights in accordance with CCR Title 22 regulations for all employees in the home including a written plan of action outlining strategies to be used to address challenging/difficult behaviors of children in care.
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Based on interviews conducted and evidenced gathered, the facility did not accord dignity to a child in their personal relationships in that audio recordings revealed staff yelling at a crying child. This is an immediate health and safety risk to children in care.
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Facility agrees to provide this report, cited deficiency and other pertinent documents to the parent(s) of children in care within 24 hours or the next time in care; this includes all newly enrolled children over the next 12 months.


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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.
SUPERVISORS NAME: Gilbert Sena
LICENSING EVALUATOR NAME: Giselle Carbullido
LICENSING EVALUATOR SIGNATURE:

DATE: 05/16/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/16/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5