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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376609090
Report Date: 06/10/2019
Date Signed: 06/10/2019 04:07:14 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/07/2019 and conducted by Evaluator Nancy Diaz
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20190507135327
FACILITY NAME:MIRANDA, MARTHA FAMILY CHILD CAREFACILITY NUMBER:
376609090
ADMINISTRATOR:MIRANDA, MARTHAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 817-5794
CITY:SAN DIEGOSTATE: CAZIP CODE:
92104
CAPACITY:14CENSUS: 7DATE:
06/10/2019
UNANNOUNCEDTIME BEGAN:
01:55 PM
MET WITH:Martha MirandaTIME COMPLETED:
04:30 PM
ALLEGATION(S):
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9
1. Uncleared adult providing care and supervision to children.
2. Licensee provides care and supervision at alternate location.
INVESTIGATION FINDINGS:
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An unannounced complaint investigation was conducted today by LPA Nancy Diaz & Elizabeth Rivera. Fernando Miranda opened the door and told both analyst that Mrs. Miranda left to pick up children. Both LPAs waited outside the residence. Mrs. Miranda arrived with 4 children and another was dropped off by the school-bus. Her son Eduardo Miranda arrived shortly with 2 more children.
Based on LPAs observations, interviews conducted and record review(s), the preponderance of evidence standard has been met; therefore the findings is substantiated. California Code of Regulations, Title 22, are being cited on the attached lic 9099D.
TYPE A DEFICIENCIES ARE CITED. CIVIL PENALTY ASSESSED.
Type A violation if not corrected, will have a direct and immediate risk to the health, safety, or personal rights of children in care. Upon receipt, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months.
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Carolina RamosTELEPHONE: (619) 767-2206
LICENSING EVALUATOR NAME: Nancy DiazTELEPHONE: (619) 767-2207
LICENSING EVALUATOR SIGNATURE:

DATE: 06/10/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/10/2019
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
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/07/2019 and conducted by Evaluator Nancy Diaz
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20190507135327

FACILITY NAME:MIRANDA, MARTHA FAMILY CHILD CAREFACILITY NUMBER:
376609090
ADMINISTRATOR:MIRANDA, MARTHAFACILITY TYPE:
810
ADDRESS:3560 WIGHTMAN STREETTELEPHONE:
(619) 817-5794
CITY:SAN DIEGOSTATE: CAZIP CODE:
92104
CAPACITY:14CENSUS: 7DATE:
06/10/2019
UNANNOUNCEDTIME BEGAN:
01:55 PM
MET WITH:Martha MirandaTIME COMPLETED:
04:30 PM
ALLEGATION(S):
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9
1. Inappropriate discipline.
2. Child sustained injury while in care.
INVESTIGATION FINDINGS:
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An unannounced complaint investigation was conducted by LPAs Nancy Diaz and Elizabeth Rivera. There were 7 children present in care with Mrs. Miranda and her son Eduardo Rivera.

During the course of the investigation, LPA conducted interviews with the licensee, licensee's son, daycare children and parents of children. Based on the information gathered, it could not be conclusively determined whether Mrs. Miranda inappropriately disciplined children or if there were children who sustained injury while in care. LPA is unable to determine whether or not the allegations actually occurred, and therefore the preponderance of evidence standard has not been met. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore LPA found the complaint allegations to be UNSUBSTANTIATED.
NO DEFICIENCY CITED.
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Carolina RamosTELEPHONE: (619) 767-2206
LICENSING EVALUATOR NAME: Nancy DiazTELEPHONE: (619) 767-2207
LICENSING EVALUATOR SIGNATURE:

DATE: 06/10/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/10/2019
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 3
Control Number 20-CC-20190507135327
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: MIRANDA, MARTHA FAMILY CHILD CARE
FACILITY NUMBER: 376609090
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/10/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
06/10/2019
Section Cited
CCR
102416(d)
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Prior to employment or initial presence in the child care home, all employees and volunteers subject to a criminal record review shall:
Obtain a California clearance or a criminal record exemption as required by law or Department regulations or
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IMMEDIATE CORRECTION.
Mrs. Miranda stated that Rosalia is no longer employed by her. She has interviewed prospective employee and is in the process of hiring a new helper.
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This regulation was not met as evidenced by LPAs observation on 5/10/19. LPAs Nancy Diaz and Elizabeth Rivera observed Rosalia Vargas Lugo present in the home, providing care to children.
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Type A
06/10/2019
Section Cited
CCR
102423(a)(2)
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Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. To receive safe, healthful, and comfortable accommodations, furnishings, and equipment.
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Mrs. Miranda stated that she will not allow daycare children to spend time at Mrs. Lugo's home.
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This regulation was not met when Mrs. Miranda allowed Rosalia Vargas Lugo to take Child #2 with her on 5/10/19 as LPAs were conducting inspection.
On 5/15/19, Mrs. Lugo was observed providing care and supervision to child #1 in her home located at 3849 Wilson Avenue, San Diego CA 92115. Mrs. Lugo's home was located approximately half a mile from Mrs. Miranda's home. It is noted that Mrs. Lugo does not have fingerprint clearance on record.
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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: Carolina RamosTELEPHONE: (619) 767-2206
LICENSING EVALUATOR NAME: Nancy DiazTELEPHONE: (619) 767-2207
LICENSING EVALUATOR SIGNATURE:

DATE: 06/10/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/10/2019
LIC9099 (FAS) - (06/04)
Page: 2 of 3