364820224-11-10-2020-09-CC-AROS-BYKQS8-20210225112507

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 364820224
Report Date: 11/10/2020
Date Signed: 11/10/2020 03:46:08 PM

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
09/10/2020 and conducted by Evaluator Blanca Ruiz-Silva

PUBLIC

COMPLAINT CONTROL NUMBER: 09-CC-20200910165524

FACILITY NAME:	DELGADO FAMILY CHILD CARE		FACILITY NUMBER:	364820224
ADMINISTRATOR:	ROSA-VIRGIL DELGADO		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(909) 732-5387
CITY:	ONTARIO	STATE: CA	ZIP CODE:	91761
CAPACITY:	14	CENSUS: 7	DATE:	11/10/2020
		UNANNOUNCED	TIME BEGAN:	02:45 PM
MET WITH:	Rosa and Sergio Virgil Delgado		TIME COMPLETED:	04:00 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Adult in home interacted with day-care child in an inappropriate manner.
Day-care child feels uncomfortable around adult in home.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Due to COVID-19 State of Emergency, on 11/10/2020 at 02:45 p.m., Licensing Program Analyst (LPA) Blanca Ruiz conducted a Tele-inspection with Licensees, Rosa and Sergio Virgil Delgado via FaceTime. The purpose of the tele-inspection is to deliver the substantiated findings of the above complaint allegation. A 10-day Tele inspection was initiated by LPA Ruiz on 09/16/2020. During the initial inspection, LPA interviewed pertinent parties, reviewed records, and met with Licensees on separate occasions via FaceTime.
The following was discussed with Licensees:
It was disclosed that the licensee and legal guardian communicated and discussed concerns regarding incidents that made a child feel uncomfortable at the facility due to the inappropriate manner that an adult in the home was interacting with the daycare child(ren).
Through the course of the investigation it was revealed that the co-licensee, Sergio Virgil Delgado hugged a child tightly and squeezed the child in multiple occasions. He would mainly use his left arm and hug the child around the ribs, from the side. Incidents were described to occurred in the daycare kitchen. The hugging and squeezing were not on/in private areas; however, it was reported that the child felt uncomfortable during each occurrence. Please see Lic 9099C

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: 11/10/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/10/2020

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 5

Control Number 09-CC-20200910165524

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: DELGADO FAMILY CHILD CARE	FACILITY NUMBER: 364820224
	VISIT DATE: 11/10/2020

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

All incidents occurred when licensee, Rosa Virgil Delgado, was not at the facility or not around the area where children where present.
It was disclosed that Mr. Delgado asked the child, “Do you like when I hug you tight?” and child said “no” then he called the child “a wimp.” Mr. Delgado acknowledged that when he hugged/touched a child he always asked the child if it was okay, for him to hug him/her. He also corroborate that his hand may have landed on an area that made the child feel uncomfortable while attempting to hug the child without malicious intentions.

Licensee, Rosa Virgil Delgado stated that she has talked to her husband about not hugging the children in care nor to asked them to bring items for him. She acknowledged that she has been out of the facility due to doctor’s appointments or to run errands.
Based on interviews with pertinent parties and records obtained throughout the investigation, the department has determined the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

An exit interview was conducted via FaceTime, and a copy of this report was provided to Licensees on this date via email. Due to COVID-19 State of Emergency, LPA provided a copy of this report via email with an electronic “READ RECEIPT”. LPA Ruiz-Silva requested Licensee to acknowledge receipt of the email. The electronic read receipt of the emailed report acknowledges receipt of this report. Licensee understands that a copy of this report must be made available to the public, upon their request, for the next three years.

LPA issued a Notice of Site Visit and verified it was posted in a prominent location at the facility before ending the Tele-inspection. 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 tele-inspection. A copy of all Type A deficiencies cited during this tele-inspection 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). Licensees are 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.

A copy of this report, LIC9224 and Appeal Rights (LIC9058) were emailed to Licensees during this tele-inspection on 11/10/2020.

SUPERVISOR'S NAME: Aaron Ross	TELEPHONE: (951) 320-2023
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva	TELEPHONE: (951) 233-5594
LICENSING EVALUATOR SIGNATURE:	DATE: 11/10/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/10/2020

LIC9099 (FAS) - (06/04)

Page: 2 of 5

Control Number 09-CC-20200910165524

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: DELGADO FAMILY CHILD CARE	FACILITY NUMBER: 364820224
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 11/10/2020

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 11/11/2020 Section Cited CCR 102423(a)(4)	1 2 3 4 5 6 7	102423(a)(4) - 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 met as evidenced by:	1 2 3 4 5 6 7	Licensees agree to submit a written statement to CCL by 11-11-20 regarding 102423(a)(4)to ensure the safety of the children by providing adequate care and supervision for the children in care. In addition to proof of LIC 9224 signed by the parents of the children in care by 11-11-20.
	8 9 10 11 12 13 14	Mr. Delgado stated that his hand may have landed on an area that made the child feel uncomfortable while attempting to hug the child without malicious intentions. Licensee violated children's personal rights by hugging/ squeezing the child and making child uncomfortable. "This poses an immediate risk to the health and safety of the children”.	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.

SUPERVISOR'S NAME: Aaron Ross	TELEPHONE: (951) 320-2023
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva	TELEPHONE: (951) 233-5594
LICENSING EVALUATOR SIGNATURE:	DATE: 11/10/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/10/2020

LIC9099 (FAS) - (06/04)

Page: 5 of 5