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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376625498
Report Date: 06/20/2022
Date Signed: 07/27/2022 02:27:19 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
04/04/2022 and conducted by Evaluator Adrian Castellon
COMPLAINT CONTROL NUMBER: 20-CC-20220404143135
FACILITY NAME:TORRES, ANA FAMILY CHILD CAREFACILITY NUMBER:
376625498
ADMINISTRATOR:ANA TORRESFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 259-2832
CITY:SAN DIEGOSTATE: CAZIP CODE:
92139
CAPACITY:14CENSUS: 8DATE:
06/20/2022
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Ana TorresTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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Physical Abuse/ Corporal Punishment: Day-care child sustained an injury while in care.

INVESTIGATION FINDINGS:
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THIS IS AN AMENDED REPORT OF THE ORIGINAL REPORT CREATED ON 6/20/22.

On 6/20/22 at 9:00am, Licensing Program Analyst (LPA) Adrian Castellon conducted an unannounced inspection to deliver complaint findings for the allegation listed above. LPA met with Licensee Ana Torres and discussed the purpose of the inspection. A full investigation was conducted by the Department’s Investigations Branch (IB) Investigator. It was alleged a daycare child (C1) was physically abused while in care. During the course of the investigation, interviews were conducted with licensee, facility staff, day-care parents, and representatives from outside agencies. Based on interviews conducted by the Department's Investigator, SDPD detective, doctor's professional opinion and report dated 4/15/22 of the timeline of C1's injury, and licensee's inconsistent statements, along with photographs obtained, it is more than likely that C1's injury occurred while in licensee's care. 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), are being cited on the attached LIC 9099D. Appeal Rights were discussed on this date. LIC224 and reporting requirements were also discussed.
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Adrian CastellonTELEPHONE: (619) 767-2237
LICENSING EVALUATOR SIGNATURE:

DATE: 06/20/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/20/2022
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 2
Control Number 20-CC-20220404143135
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: TORRES, ANA FAMILY CHILD CARE
FACILITY NUMBER: 376625498
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/20/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
06/20/2022
Section Cited
CCR
102423(a)(4)
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102423(a)(4) Personal Rights:(a) Each child receiving services from a family child care home shall have certain rights... These rights include, but are not limited to, the following:(4) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation... or other actions of a punitive nature.
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Licensee states that should there be another incident where the child has been fed and diaper has been changed and child continues to cry, she will call the parents to come pick up immediately. Licensee states that she will document any redness, scratches, bruising, etc and discuss with parents immediately.
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This requirement was not met as evidenced by: Based on interviews conducted and records reviewed, licensee did not ensure C1's Personal Rights while providing care. It is more than likely that C1's injury occurred while in licensee's care. This poses an immediate health and safety risk to children in care.
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Licensee states that she will take YMCA classes/trainings regarding preventing child abuse and respecting child's personal rights the moment those classes/trainings are offered.

Licensee states that she will appeal decision as she does not agree with findings.
Type A
06/20/2022
Section Cited
CCR
102424(a)(4)
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*AMENDED; ONLY ONE TYPE A CITATION ISSUED AS INDICATED ABOVE. THIS SECTION WAS ORIGINALLY GENERATED DUE TO SPACING CONSTRAINTS IN THE SECTION ABOVE.
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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: Adrian CastellonTELEPHONE: (619) 767-2237
LICENSING EVALUATOR SIGNATURE:

DATE: 06/20/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/20/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 2