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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376620330
Report Date: 07/06/2021
Date Signed: 07/06/2021 05:13:30 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
06/11/2021 and conducted by Evaluator Michelle Hood
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20210611145622
FACILITY NAME:GARCIA, TERESA FAMILY CHILD CAREFACILITY NUMBER:
376620330
ADMINISTRATOR:FACILITY TYPE:
810
ADDRESS:TELEPHONE:
CITY:STATE: ZIP CODE:
CAPACITY:8CENSUS: 8DATE:
07/06/2021
UNANNOUNCEDTIME BEGAN:
03:15 PM
MET WITH:Teresa Garcia, LicenseeTIME COMPLETED:
04:10 PM
ALLEGATION(S):
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Facility is not clean and orderly
Garage used for play area
No working smoke detector or fire extinguisher
INVESTIGATION FINDINGS:
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On 07/06/2021, at 3:15 p.m., Licensing Program Analysts (LPA), Michelle Hood an unannounced complaint inspection and met with Licensee, Teresa Garcia. Licensee's adult daughter Sandra Gil Cervantes translated in Spanish. LPA disclosed the purpose of the inspection was to deliver the complaint findings for the above-listed allegations and was granted entry into the facility by the Licensee. Eight (8) daycare children were present in the facility during this inspection.

Licensee led LPA on a tour of the facility. During the investigation, LPA conducted interviews with the reporting party, licensee, and licensee’s adult son Daniel Garcia. On 06/18/2021, LPA Hood observed six (6) daycare children in the daycare room, which is the facility garage. On 06/18/2021, LPA observed a rusty propane tank accessible to children in care and debris in the facility's backyard and daycare room. LPA observed and tested a facility smoke detetcor located in the dining room; however, the facility has an expired fire extinguisher.
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Michelle HoodTELEPHONE: (691) 767-2241
LICENSING EVALUATOR SIGNATURE:

DATE: 07/06/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/06/2021
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 4
Control Number 20-CC-20210611145622
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: GARCIA, TERESA FAMILY CHILD CARE
FACILITY NUMBER: 376620330
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/06/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/02/2021
Section Cited
CCR
102417(g)(4)
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102417(g)(4) Operation of a Family Child Care Home. Poisons...other items which could pose a danger to children shall be stored where they are inaccessible to children. The requirement was not met by: Based on LPA's observation, the rusty propane tank was accessible to children in care.
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Licensee stated a written plan of correction shall be submitted to LPA by 08/02/2021, stating what measures she will take to ensure she does not violate the same regulation and how she will maintain all dangerous items inaccessible to children in care.
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The licensee stated her husband just moved the propane tank due to the weekend; however, the licensee did not make the propane tank inaccessible before daycare children arrived. While at the facility LPA observed the licensee moved the propane tank into an “off-limit” area. This poses a health & safety risk to clients in care.
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Type B
08/02/2021
Section Cited
CCR
102417(b)
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102417(b) The home shall be kept clean and orderly, with heating and ventilation for safety and comfort. This requirement is not met by:
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Licensee stated a written plan of correction shall be submitted to LPA by 08/02/2021, stating what measures she will do to ensure she does not violate the same regulation and how she will maintain the facility cleanliness for children in care.
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Based on the LPA's observation, there was trash and other items scattered in the facility backyard ground and in daycare room (garage) where children in care play. This poses a health & safety risk to children in care.
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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: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Michelle HoodTELEPHONE: (691) 767-2241
LICENSING EVALUATOR SIGNATURE:

DATE: 07/06/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/06/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 20-CC-20210611145622
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: GARCIA, TERESA FAMILY CHILD CARE
FACILITY NUMBER: 376620330
VISIT DATE: 07/06/2021
NARRATIVE
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The preponderance of evidence standard has been met that, therefore the allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 1, are being cited on the attached LIC 9099D.

A copy of this report, and Appeal Rights (LIC 9058), was provided to the licensee. LPA provided and observed licensee post the Notice of Site Visit (LIC 9213). The licensee stated she understands the LIC 9213 must be posted for 30 days. An exit interview was conducted with the licensee.
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Michelle HoodTELEPHONE: (691) 767-2241
LICENSING EVALUATOR SIGNATURE:

DATE: 07/06/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/06/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 20-CC-20210611145622
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: GARCIA, TERESA FAMILY CHILD CARE
FACILITY NUMBER: 376620330
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/06/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
07/06/2021
Section Cited
CCR
102416.3(a)(1)
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102416.3 (a)(1) Alteration to Existing Building or Grounds. Prior to making alterations or additions to a family childcare home or grounds, the licensee shall notify the Department of the proposed change, including, but not limited to, the following Conversion of a garage (either attached or detached) into a "childcare" room. The requirement was not met as evidenced by:
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On 07/06/2021, licensee stated she stopped using the daycare room (garage) for children in care. The licensee submitted an updated LIC 279 and LIC 999, showing the daycare room (garage) as “off-limits”.
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On 02/10/2012, the licensee was granted a licensee with the daycare room (garage) as the daycare primary use for children in care. Based on the Licensee the garage was converted into a dayroom without a city permit. This poses a health & safety risk to clients in care.
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Type B
07/06/2021
Section Cited
CCR
102417(g)(1)
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102417(g) (1) Operation of a Family Child Care Home. The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not be limited to:Fireplaces and open-face heaters...The home shall contain a fire extinguisher and meet standards established by the State Fire Marshal. This requirement was not met as evidence by:
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Licensee stated she understand she must have a working fire extinguisher at all times. On 07/06/2021, LPA observed a 3A 40BC fire extinguisher on the wall at the facility.
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Based on LPA's observation and licensee's admittance, the facility had an expired fire extinguisher. This poses a health & safety risk to children in care.
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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: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Michelle HoodTELEPHONE: (691) 767-2241
LICENSING EVALUATOR SIGNATURE:

DATE: 07/06/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/06/2021
LIC9099 (FAS) - (06/04)
Page: 4 of 4