376624038-10-5-2022-20-CC-JGAY-CKCMSN-20221019095213

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376624038
Report Date: 10/05/2022
Date Signed: 10/05/2022 04:21:32 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
08/16/2022 and conducted by Evaluator Edgar Campana

COMPLAINT CONTROL NUMBER: 20-CC-20220816145456

FACILITY NAME:	MACIAS, MAGDA FAMILY CHILD CARE		FACILITY NUMBER:	376624038
ADMINISTRATOR:	MAGDA MACIAS		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(619) 425-8615
CITY:	CHULA VISTA	STATE: CA	ZIP CODE:	91911
CAPACITY:	14	CENSUS: 4	DATE:	10/05/2022
		UNANNOUNCED	TIME BEGAN:	02:05 PM
MET WITH:	Magda Macias		TIME COMPLETED:	04:30 PM

ALLEGATION(S):

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Lack of supervision resulted in daycare child elopement.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Edgar Campana, made an unannounced complaint inspection today and met with licensee, Magda Macias to deliver complaint findings for the above listed allegation. Current census is 4 daycare children. Also present was Applied Behavioral Analyst (ABA) Therapist, Celine Hernandez. This agency has investigated the allegation listed above. During the investigation, LPA interviewed the licensee and a day care parent.

It was alleged that a lack of supervision resulted in daycare child elopement. Based on Licensee’s own admission and a parent interview, it was determined that on 08/12/2022, a day care child (C1) left the facility unsupervised. C1 was found by a passerby across the steet from the facility. Licensee stated that while she was changing another daycare child’s diaper, C1 opened the front door and proceeded to leave the home undetected. According to the Licensee, she became aware C1 was missing within two minutes and C1 was recovered by Licensee unharmed.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Edgar Campana	TELEPHONE: (619) 767-2218
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

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-20220816145456

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: MACIAS, MAGDA FAMILY CHILD CARE	FACILITY NUMBER: 376624038
	VISIT DATE: 10/05/2022

NARRATIVE

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Based on interviews which were conducted, 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 Campana informed licensee, Magda Macias, that this report dated 10/05/2022 documents one (1) Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Campana informed licensee, Magda Macias, to provide a copy of this licensing report dated, 10/05/2022 that documents any Type A citation 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, Magda Macias. 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: Edgar Campana	TELEPHONE: (619) 767-2218
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

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Control Number 20-CC-20220816145456

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: MACIAS, MAGDA FAMILY CHILD CARE	FACILITY NUMBER: 376624038
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/05/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/10/2022 Section Cited CCR 102417(a)	1 2 3 4 5 6 7	CCR 102417(a) 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 stated she will provide the Department with a written summary of her observations of the above training video and a written plan describing how she will ensure that day care children are supervised at all times.
	8 9 10 11 12 13 14	Based on licensee’s admission and an interview conducted, the licensee did not ensure daycare children were supervised at all times, as a day care child left the facility unsupervised, which poses an immediate Health and Safety risk to children in care.	8 9 10 11 12 13 14	Plan of correction shall be submitted no later than 10/10/2022. The licensee was advised a Non-compliance conference has been scheduled for 10/25/2022 at the San Diego Child Care Regional Office.
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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: Edgar Campana	TELEPHONE: (619) 767-2218
LICENSING EVALUATOR SIGNATURE:	DATE: 10/05/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2022

LIC9099 (FAS) - (06/04)

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