376624129-3-22-2022-51-CC-RPAK-CD9TRB-20220407145713

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376624129
Report Date: 03/22/2022
Date Signed: 03/22/2022 02:46:16 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
01/18/2022 and conducted by Evaluator Adrian L Mangina

PUBLIC

COMPLAINT CONTROL NUMBER: 51-CC-20220118161533

FACILITY NAME:	MARSH, NICOLI FAMILY CHILD CARE		FACILITY NUMBER:	376624129
ADMINISTRATOR:	NOCOLI MARSH		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(858) 505-9457
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92111
CAPACITY:	14	CENSUS: 6	DATE:	03/22/2022
		UNANNOUNCED	TIME BEGAN:	02:28 PM
MET WITH:	Nicoli Marsh		TIME COMPLETED:	03:00 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Licensee is not following protocals to prevent the spread of illness

INVESTIGATION FINDINGS:

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

On 3/22/22 at 2:28 PM Licensing Program Analyst (LPA) Adrian Mangina made an unannounced complaint visit for the complaint received on 1/18/22 for the purpose of delivering findings on the above referenced allegation.

Based on the information obtained during interviews, observations, and documentation reviewed it is determined that on 1/26/22 Licensee was not following protocols to prevent the spread of illness. On 1/26/22 LPA observed Licensee and staff not following covid masking requirement. Per Licensee she did not wear a mask because she felt comfortable in her own home. On same date LPA provided Licensee with the current guidance at the time which required masking of all staff and children two years and older in child care facility. Licensee implemented masking requirement as of that date and LPA verified compliance on 2/25/22.

(continued on LIC9099 page 2)

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Renesha Pack	TELEPHONE: (619) 767-2155
LICENSING EVALUATOR NAME: Adrian L Mangina	TELEPHONE: (619) 629-6197
LICENSING EVALUATOR SIGNATURE:	DATE: 03/22/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/22/2022

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 4

Control Number 51-CC-20220118161533

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: MARSH, NICOLI FAMILY CHILD CARE	FACILITY NUMBER: 376624129
	VISIT DATE: 03/22/2022

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

*(LIC 809 page 2)

The allegation is valid because the preponderance of the evidence has been met, therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12, Chapter 1, Section 102423(a)(2): PERSONAL RIGHTS.

See LIC9099-D for Type B deficiency cited.

An exit interview was conducted. A copy of this report was provided. LPA also provided Licensee, Nicoli Marsh a copy of the most recent covid guidance. Signature at the bottom of this report confirms receipt. A Notice of Site Visit (LIC9213) was provided and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

SUPERVISOR'S NAME: Renesha Pack	TELEPHONE: (619) 767-2155
LICENSING EVALUATOR NAME: Adrian L Mangina	TELEPHONE: (619) 629-6197
LICENSING EVALUATOR SIGNATURE:	DATE: 03/22/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/22/2022

LIC9099 (FAS) - (06/04)

Page: 4 of 4

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
01/18/2022 and conducted by Evaluator Adrian L Mangina

PUBLIC

COMPLAINT CONTROL NUMBER: 51-CC-20220118161533

FACILITY NAME:	MARSH, NICOLI FAMILY CHILD CARE		FACILITY NUMBER:	376624129
ADMINISTRATOR:	NOCOLI MARSH		FACILITY TYPE:	810
ADDRESS:	3435 ARMSTRONG STREET		TELEPHONE:	(858) 505-9457
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92111
CAPACITY:	14	CENSUS: 6	DATE:	03/22/2022
		UNANNOUNCED	TIME BEGAN:	02:28 PM
MET WITH:	Nicoli Marsh		TIME COMPLETED:	03:00 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Licensee is operating out of ratio and/or over capacity

INVESTIGATION FINDINGS:

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

On 3/22/22 at 2:28 PM Licensing Program Analyst (LPA) Adrian Mangina made an unannounced complaint visit for the complaint received on 1/18/22 for the purpose of delivering findings on the above referenced allegation.

It was alleged that on an unknown date during winter break 2021/2022, Licensee was operating out of ratio and/or capacity. Based on the information obtained during interviews, observations, and documentation reviewed LPA was unable to corroborate the allegation. Although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred.

An exit interview was conducted with Licensee Nicoli Marsh. Signature at the bottom of this report confirms receipt. A Notice of Site Visit (LIC9213) was provided and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Renesha Pack	TELEPHONE: (619) 767-2155
LICENSING EVALUATOR NAME: Adrian L Mangina	TELEPHONE: (619) 629-6197
LICENSING EVALUATOR SIGNATURE:	DATE: 03/22/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/22/2022

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 51-CC-20220118161533

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: MARSH, NICOLI FAMILY CHILD CARE	FACILITY NUMBER: 376624129
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 03/22/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 03/23/2022 Section Cited CCR 102423(a)(2)	1 2 3 4 5 6 7	PERSONAL RIGHTS: Section 102423(a)(2): Each child receiving services from a family child care home shall have certain rights... To receive safe, healthful, and comfortable accommodations... This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Licensee stated that as of 1/26/22 masking requirement was implemented and LPA verified compliance on 2/25/22. Licensee states that she will fully comply with covid guidelines in the future.
	8 9 10 11 12 13 14	Based on the information obtained during interviews, observations, and documentation reviewed it is determined that on Licensee was not following protocols to prevent the spread of illness as Licensee and Licesee's husband were observed not wearing masks on 1/26/22 which poses a potential health, safety and personal rights 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: Renesha Pack	TELEPHONE: (619) 767-2155
LICENSING EVALUATOR NAME: Adrian L Mangina	TELEPHONE: (619) 629-6197
LICENSING EVALUATOR SIGNATURE:	DATE: 03/22/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/22/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 4