376609090-5-24-2022-20-CC-CGRY-CFDPBL-20220614111027

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376609090
Report Date: 05/20/2022
Date Signed: 05/24/2022 03:05:37 PM

Substantiated

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
08/26/2021 and conducted by Evaluator Adrian Castellon

COMPLAINT CONTROL NUMBER: 20-CC-20210826123311

FACILITY NAME:	MIRANDA, MARTHA FAMILY CHILD CARE		FACILITY NUMBER:	376609090
ADMINISTRATOR:	MIRANDA, MARTHA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(619) 817-5771
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92104
CAPACITY:	14	CENSUS: 0	DATE:	05/20/2022
		UNANNOUNCED	TIME BEGAN:	03:40 PM
MET WITH:	Martha Miranda		TIME COMPLETED:	05:30 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Day-care child was sexually abused while in care

Day-care children were left unsupervised

INVESTIGATION FINDINGS:

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

Licensing Program Analysts (LPA) Adrian Castellon and Edgar Campana conducted an unannounced inspection to deliver complaint findings for the allegations listed above. LPA met with Licensee Martha Miranda and discussed the purpose of the inspection. A full investigation was conducted by the Department’s Investigations Branch (IB) investigator.
It was alleged a day-care child was sexually abused while in care and that day-care children were left unsupervised. During the course of the investigation, interviews were conducted with licensee, facility staff, day-care parents, day-care children and representatives from outside agencies. Based on interviews conducted and records reviewed, it was determined that on or about 2018, multiple acts of sexual abuse were performed on Child #1 (C1) by Child #2 (C2). C2 was the child of facility assistant, Rosalia Vargas. At the time of the incidents, C1 was approximately seven years old and C2 was approximately 14 years old. On multiple occasions, C1 and C2 were left unattended by the licensee, which resulted in the sexual abuse. Based on IB investigator interviews which were conducted and records reviewed, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 & Chapter 3), are being cited on the attached LIC 9099D.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Cynthia Gray	TELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Adrian Castellon	TELEPHONE: (619) 767-2237
LICENSING EVALUATOR SIGNATURE:	DATE: 05/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/20/2022

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

Control Number 20-CC-20210826123311

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
	VISIT DATE: 05/20/2022

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

LPA Castellon informed licensee, Martha Miranda, that this report dated 5/20/22 document(s) two (2) Type A citations which shall be posted for 30 consecutive days as there are immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA Castellon informed the licensee to provide a copy of this licensing report dated 5/20/22, that documents any Type A citation(s) to parents/guardians of all children currently enrolled by 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.

The Department has determined that a Civil Penalty will be issued for the substantiated allegation of sexual abuse of day-care child C1 while under the care of licensee, Martha Miranda. LPA Castellon reviewed the Civil Penalty Assessment - Serious Bodily Injury/Physical Abuse (LIC421D) with licensee Martha Miranda. The facility has been found in violation of one or more requirements for which an immediate civil penalty is warranted in accordance with one of the following California Health and Safety Code Sections: 1569.99(e) or (f); or 1597.58(e) or (f). You are hereby notified that a civil penalty of $2,000.00 is assessed for a violation that resulted in serious bodily injury/serious injury to a client of that constitutes physical abuse of a client. Additionally, an immediate civil penalty of $500 is assessed for the absence of supervision. During the visit, licensee Martha Miranda, signed the LIC 421IM and the LIC421D. Exit interview conducted and report was reviewed with licensee, Martha Miranda. A copy of this report, along with Appeal Rights (LIC9058 01/16), and the LIC 421IM & LIC 421D were provided. A notice of site visit was given and must remain posted for 30 days. LPA observed that the notice of site visit was posted during the inspection. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

SUPERVISOR'S NAME: Cynthia Gray	TELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Adrian Castellon	TELEPHONE: (619) 767-2237
LICENSING EVALUATOR SIGNATURE:	DATE: 05/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/20/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 20-CC-20210826123311

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: 05/20/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 05/20/2022 Section Cited CCR 102423(a)(2)	1 2 3 4 5 6 7	102423 Personal Rights. (a) 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. These rights include, but are not limited to, the following: (2) To receive safe, healthful,	1 2 3 4 5 6 7	Licensee Miranda will provide safe and healthful accommodations at all times by ensuring that licensee is present during day-care hours. Licensee states that she will only work with assistants who have submitted fingerprints and have been cleared.
	8 9 10 11 12 13 14	and comfortable accommodations...This requirement was not met as evidenced by: Based on interviews conducted and records reviewed, the licensee did not ensure C1 received safe and healthful accommodations, which resulted in sexual abuse. This poses an immediate health and safety risk to children in care.	8 9 10 11 12 13 14
Type A 03/29/2022 Section Cited CCR 102417(a)	1 2 3 4 5 6 7	102417 Operation of a Family Child Care Home. (a) The licensee shall be present in the home and shall ensure that children in care are supervised at all times...This requirement was not met as evidenced by: Based on interviews conducted and records reviewed, the licensee did not ensure day-care children C1 & C2 were supervised at all times,	1 2 3 4 5 6 7	Licensee Miranda will provide safe and healthful accommodations at all times by ensuring that licensee is present during day-care hours. Licensee states that she will only work with assistants who have submitted fingerprints and have been cleared.
	8 9 10 11 12 13 14	which resulted in sexual abuse. This poses an immediate health and safety risk to children in care	8 9 10 11 12 13 14

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: Cynthia Gray	TELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Adrian Castellon	TELEPHONE: (619) 767-2237
LICENSING EVALUATOR SIGNATURE:	DATE: 05/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/20/2022

LIC9099 (FAS) - (06/04)

Page: 3 of 3