376620460-3-13-2024-20-CC-CGRY-D3JUDS-20240320153002

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376620460
Report Date: 03/13/2024
Date Signed: 03/13/2024 04:16:25 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
10/31/2023 and conducted by Evaluator Adrian Castellon

COMPLAINT CONTROL NUMBER: 20-CC-20231031090446

FACILITY NAME:	MENDOZA, ALMA FAMILY CHILD CARE		FACILITY NUMBER:	376620460
ADMINISTRATOR:	ALMA MENDOZA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(619) 623-1038
CITY:	CHULA VISTA	STATE: CA	ZIP CODE:	91910
CAPACITY:	14	CENSUS: 1	DATE:	03/13/2024
		UNANNOUNCED	TIME BEGAN:	02:30 PM
MET WITH:	Alma Mendoza		TIME COMPLETED:	04:20 PM

ALLEGATION(S):

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9

Staff did not seek appropriate medical attention for daycare child

INVESTIGATION FINDINGS:

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On 3/13/24 at 2:30pm, Licensing Program Analyst (LPA) Adrian Castellon conducted an unannounced inspection to deliver complaint findings for the allegation listed above. LPA met with Licensee Alma Mendoza to discuss the purpose of the inspection and tour the facility. The investigation was conducted by the Department’s Investigations Branch (IB). Based on medical reports obtained and interviews conducted, there is evidence that licensee did not seek appropriate medical attention for a daycare child who suffered multiple serious injuries. The preponderance of evidence standard has been met, therefore the above allegation is substantiated, meaning that the allegation is valid. This poses an immediate risk to the health and safety of the children in care, therefore, the facility is being cited on the attached LIC 9099D.
Exit interview was conducted, report reviewed, and Appeal Rights discussed with licensee. LPA informed licensee to provide a copy of this report that documents Type A citation to parents/guardians of children currently enrolled by the next business day or the next day children are in care, and to newly enrolled parents/guardians for 12 months from this date. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file. A Notice of Site Visit was given and must remain posted on, or immediately next to, interior side of the main door for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

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: 03/13/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/13/2024

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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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
10/31/2023 and conducted by Evaluator Adrian Castellon

COMPLAINT CONTROL NUMBER: 20-CC-20231031090446

FACILITY NAME:	MENDOZA, ALMA FAMILY CHILD CARE		FACILITY NUMBER:	376620460
ADMINISTRATOR:	ALMA MENDOZA		FACILITY TYPE:	810
ADDRESS:	177 H STREET		TELEPHONE:	(619) 623-1038
CITY:	CHULA VISTA	STATE: CA	ZIP CODE:	91910
CAPACITY:	14	CENSUS: 1	DATE:	03/13/2024
		UNANNOUNCED	TIME BEGAN:	02:30 PM
MET WITH:	Alma Mendoza		TIME COMPLETED:	04:20 PM

ALLEGATION(S):

1
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3
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5
6
7
8
9

Daycare child sustained unexplained serious injuries

INVESTIGATION FINDINGS:

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

On 3/13/24 at 2:30pm, Licensing Program Analyst (LPA) Adrian Castellon conducted an unannounced inspection to deliver complaint findings for the allegation listed above. LPA met with Licensee Alma Mendoza to discuss the purpose of the inspection and tour the facility. The investigation was conducted by the Department’s Investigations Branch (IB). Based on medical reports obtained and interviews conducted, the injuries child in care suffered can occur accidentally if a child falls while running causing their leg to twist under them, so it is plausible that child's injuries were sustained during this encounter in the manner that licensee described. Licensee stated child had been running outside and was being chased by another child when second child reached out to touch child resulting in child falling onto the ground. Child fell on artificial turf grass with no padding under the turf.

Licensee denied the above allegation. There was no corroborating evidence regarding the allegation. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the above allegation is found to be unsubstantiated.

Unsubstantiated

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: 03/13/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/13/2024

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-20231031090446

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: MENDOZA, ALMA FAMILY CHILD CARE	FACILITY NUMBER: 376620460
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 03/13/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 03/22/2024 Section Cited CCR 102423(a)(2)	1 2 3 4 5 6 7	102423 Personal Rights (a)(2) - Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee...These rights include, but are not limited to, the following: To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Licensee states that she will more thoroughly and carefully inspect the child for any injuries should a child fall while in care. Licensee states that should she observe any serious injury to a child, she will immediately call 911 and/or contact child's representatives.
	8 9 10 11 12 13 14	Based on interviews conducted and records reviewed, the licensee did not comply with the section cited above as a child's personal rights were violated when child suffered multiple serious injuries during a 10/13/23 incident at the facility with the provider not immediately seeking timely, safe and healthful accommodations which is an immediate risk to children in care.	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: Cynthia Gray	TELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Adrian Castellon	TELEPHONE: (619) 767-2237
LICENSING EVALUATOR SIGNATURE:	DATE: 03/13/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/13/2024

LIC9099 (FAS) - (06/04)

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