334845790-9-27-2021-09-CC-AROS-C85QLF-20211025121553

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 334845790
Report Date: 09/27/2021
Date Signed: 09/27/2021 11:02:42 AM

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
07/30/2021 and conducted by Evaluator Blanca Ruiz-Silva

PUBLIC

COMPLAINT CONTROL NUMBER: 09-CC-20210730135525

FACILITY NAME:	MENDIOLA FAMILY CHILD CARE		FACILITY NUMBER:	334845790
ADMINISTRATOR:	MYRNA MENDIOLA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(760) 449-8294
CITY:	INDIO	STATE: CA	ZIP CODE:	92203
CAPACITY:	14	CENSUS: 12	DATE:	09/27/2021
		UNANNOUNCED	TIME BEGAN:	09:15 AM
MET WITH:	Myrna Mendiola		TIME COMPLETED:	11:15 AM

ALLEGATION(S):

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1. Uncleared adult
2. Licensee yells at children in care
3. Licensee inappropriately discipline children in care

INVESTIGATION FINDINGS:

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On September 27, 2021 Licensing Program Analyst (LPA) Blanca Ruiz arrived at the facility to provide investigation findings into the above allegations. LPA Ruiz met with licensee, Ms. Myrna Mendiola and explain the purpose of visit. LPA toured and took census of facility. LPA reviewed and obtained additional facility records and information. Upon arrival to the facility, LPA observed licensee and Licensee's assistant, Cindy Zuniga providing care for 12 children in the backyard.

Two prior inspections were conducted on 08/05/21 and 09/01/21. It was alleged that an uncleared adult provided care and supervision at the facility. Information obtain during the investigation from pertinent parties relevant to the investigation and licensee revealed that the licensee left out of town and made arrangements for assistants ( substitute adults associated to the facility) to take over her daycare duties. Per licensee’s own statement, on a particular occasion, licensee failed to secure a second assistant to provide care and supervision for fourteen daycare children attending the facility. It was later confirmed by licensee and pertinent parties that a second adult was present at the facility providing care and supervision.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Aaron Ross	TELEPHONE: (951) 320-2023
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva	TELEPHONE: (951) 233-5594
LICENSING EVALUATOR SIGNATURE:	DATE: 09/27/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2021

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 09-CC-20210730135525

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: MENDIOLA FAMILY CHILD CARE	FACILITY NUMBER: 334845790
	VISIT DATE: 09/27/2021

NARRATIVE

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It was also alleged that the licensee yells and inappropriately discipline the children in care. Per witnesses’ statements, pertinent parties and licensee. It was disclosed that licensee disciplines all children by placing them in time out for an unknown amount of time and/or until licensee believes it is enough time for children to move out to another activity.
Per licensee own admission, it was indicated that she used foul language toward a daycare child for wanting to go to the restroom when the child had been redirected to go to sleep and to take a nap. Child did not follow licensee’s instruction and insisted to go to the restroom, licensee then yelled at the child and said: “Fuck…then go,” in the presence of other children in care. Licensee also yelled and discipline a child and placed him/her in time out and told the child “you better not cry!” It was also reported that the licensee yelled at a child and called he/she a “rat” for telling and complaining a lot about different issues.
Witnesses also explained observing licensee yelling and screaming at children upon arrival after parents/legal guardians left the facility. Children cried because parents left, and they did not want to stay at the facility nor to follow instructions to integrate to group activities upon arrival.

Based on information obtained from facility records reviewed, witnesses, and licensee statements, the allegations above are therefore substantiated. See LIC9099 D for deficiencies cited per California Code of Regulations Title 22, Division 12.

An exit interview was conducted with Ms. Mendiola, appeal rights discussed. Licensees understands that the Notice of Site Visit must remain posted for the next 30 days along with a copy of all Type A deficiencies cited during this inspection. A copy of all Type A deficiencies cited must also be immediately (within 24 hours of child’s next day in care) given to the parents of all children enrolled in the child care facility and any children enrolled into the child care facility over the next 12 months (at the time of enrollment). Licensee is required to have all parents sign and date the Acknowledgement of Receipt of Licensing Reports (LIC9224) and maintain a copy in each child’s file.
Ms. Mendiola was provided with a copy of the appeal rights (LIC 9058 12/2015) and her signature on this report acknowledges receipt of those rights.

A copy of this report was provided to the licensee and this report must be made available to the public for 3 year

SUPERVISOR'S NAME: Aaron Ross	TELEPHONE: (951) 320-2023
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva	TELEPHONE: (951) 233-5594
LICENSING EVALUATOR SIGNATURE:	DATE: 09/27/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2021

LIC9099 (FAS) - (06/04)

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Control Number 09-CC-20210730135525

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: MENDIOLA FAMILY CHILD CARE	FACILITY NUMBER: 334845790
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/27/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Request Denied Type A 09/28/2021 Section Cited CCR 102423(a)(4)	1 2 3 4 5 6 7	Personal Rights. Each child has the right 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. This requirement was not meet as evidence by:	1 2 3 4 5 6 7	Licensee agrees to submit a written statement plan to CCL by 09/28/21 on how she will comply with Laws and Regulations pertaining to Personal Rights. In addition, licensee agrees to seek training, outside of the Department of Social Services, with RCOE/Resource and Referral (951-826-6626), or any other vendor, regarding Personal Rights and Criminal Record Clearance. Proof of enrollment must be submitted to the Department by 09/28/21.
	8 9 10 11 12 13 14	Per licensee's own admission and additional information obtained during the investigation, it was learned that licensee yelled and screamed at the daycare children as form of discipline to redirect them. In addition, licensee discipline children by isolating them(ages ranges from 12 months to 8 years) on time out for an unknown period of time. Lastly, licensee admitted using foul language toward a child in care in the presence of other children. “This poses an immediate risk to the Health and Safety of the children in care”.	8 9 10 11 12 13 14
Type A 09/28/2021 Section Cited CCR 102370(d)(1)	1 2 3 4 5 6 7	Criminal Record Clearance. All individuals subject to a criminal record review... prior to working, residing or volunteering in a licensed home, shall obtain a California clearance or a criminal record exemption as required by the Department. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Licensee agrees to submit a written statement regarding licensee acknowledging verification of clearance prior to working, residing and/or volunteering at the facility. List of required documents for employees/volunteer was provided during inspection.
	8 9 10 11 12 13 14	Per licensee's own admission and additional information obtained during the investigation, licensee allow and uncleared adult to help with care and supervision without being associated to the facility. (JASE SERRATO). “This poses an immediate risk to the Health and Safety of the children in care”. CIVIL PENALTIES HAVE BEEN ASSESSED	8 9 10 11 12 13 14	In addition, licensee agrees to seek training, outside of the Department of Social Services, with RCOE/Resource and Referral (951-826-6626), or any other vendor, regarding Personal Rights and Criminal Record Clearance. Proof of enrollment must be submitted to the Department by 09/28/21.

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: Aaron Ross	TELEPHONE: (951) 320-2023
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva	TELEPHONE: (951) 233-5594
LICENSING EVALUATOR SIGNATURE:	DATE: 09/27/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2021

LIC9099 (FAS) - (06/04)

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