376620238-5-5-2022-20-CC-JGAY-CEBP6Q-20220511110240

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376620238
Report Date: 05/05/2022
Date Signed: 05/05/2022 11:45:55 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, 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
02/11/2022 and conducted by Evaluator Diana Sanchez

PUBLIC

COMPLAINT CONTROL NUMBER: 20-CC-20220211103110

FACILITY NAME:	MARTINEZ, GRACIELA FAMILY CHILD CARE		FACILITY NUMBER:	376620238
ADMINISTRATOR:	GRACIELA MARTINEZ		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(619) 421-3576
CITY:	CHULA VISTA	STATE: CA	ZIP CODE:	91911
CAPACITY:	14	CENSUS: 6	DATE:	05/05/2022
		UNANNOUNCED	TIME BEGAN:	10:05 AM
MET WITH:	Graciela Martinez, provider		TIME COMPLETED:	11:00 AM

ALLEGATION(S):

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Daycare children exited the facility unsupervised

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Diana Sanchez, made an unannounced complaint inspection today and met with Graciela Martinez to deliver complaint findings for the above listed allegation. Current census is 6. This agency has investigated the allegation listed above. During the investigation, LPA interviewed children, the licensee, facility assistant, witnesses to the incident, parents and day care children. Records were reviewed, including law enforcement call logs and facility roster.

It was alleged that three (3) daycare children exited the facility unsupervised. Based on interviews and records reviewed it was determined that on 02/10/22, three (3) daycare children left the facility unattended. The children were found by passersby, nearly four (4) houses to the north of the facility, approximately 194 feet away, according to Google Maps. Witnesses stated the children were observed walking alone on the sidewalk and then crossing the street. Based on witness and licensee accounts, it’s estimated the children were unattended for up to 10 minutes; however, LPA was unable to determine an exact timeline.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Diana Sanchez	TELEPHONE: (619) 767- 2210
LICENSING EVALUATOR SIGNATURE:	DATE: 05/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/05/2022

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 20-CC-20220211103110

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: MARTINEZ, GRACIELA FAMILY CHILD CARE	FACILITY NUMBER: 376620238
	VISIT DATE: 05/05/2022

NARRATIVE

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The licensee speculated that one of the parents left the side gate open which allowed the children to elope from the facility. The licensee stated she was inside the facility preparing snacks and the assistant was supervising five children in the backyard when the incident occurred. The three (3) children involved in the incident were all unharmed.

Based on interviews which were conducted, and records reviewed, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 & Chapter 3), is being cited on the attached LIC 9099D. An immediate civil penalty of five hundred dollars ($500), is being assessed for the absence of supervision on the attached LIC-421IM.

LPA Sanchez informed licensee, Graciela Martinez that this report dated 05/05/2022 documents one (1) Type A citation which shall be posted for 30 consecutive days as there is/are an immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA Sanchez informed licensee, Graciela Martinez to provide a copy of this licensing report dated, 05/05/2022 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.

Exit interview conducted and report was reviewed with licensee, Graciela Martinez. A copy of this report, along with Appeal Rights (LIC9058 01/16), 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: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Diana Sanchez	TELEPHONE: (619) 767- 2210
LICENSING EVALUATOR SIGNATURE:	DATE: 05/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/05/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 20-CC-20220211103110

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: MARTINEZ, GRACIELA FAMILY CHILD CARE	FACILITY NUMBER: 376620238
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 05/05/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 05/06/2022 Section Cited CCR 102417(a)	1 2 3 4 5 6 7	Operation of a Family Child Care Home - 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:	1 2 3 4 5 6 7	Licensee was given a hard copy of CCR 102417(a). Licensee stated she will watch the following CCLD training video titled: “Supervising Children in Family Child Care” at ccld.childcarevideos.org/family-child-care-providers/supervising-children-in-family-child-care. Licensee agrees to provide the Department with a written summary of her observations
	8 9 10 11 12 13 14	Based on licensee’s admission, interviews conducted, and records reviewed, the licensee did not ensure daycare children were supervised at all times, as three (3) day care children left the facility unsupervised, which poses an immediate Health and Safety risk to children in care.	8 9 10 11 12 13 14	of the above training video and a written plan describing how she will ensure all children are always supervised by adult daycare staff during outdoor activities. Plan of correction shall be submitted no later than 05/09/2022. The licensee was advised a Non-compliance conference will be scheduled in the near future; date and time to be determined.
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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: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Diana Sanchez	TELEPHONE: (619) 767- 2210
LICENSING EVALUATOR SIGNATURE:	DATE: 05/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/05/2022

LIC9099 (FAS) - (06/04)

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