376626054-2-3-2021-20-CC-TVUU-BY6V9H-20210212151420

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376626054
Report Date: 02/03/2021
Date Signed: 02/03/2021 04:55:39 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
11/24/2020 and conducted by Evaluator Marie Hernandez

PUBLIC

COMPLAINT CONTROL NUMBER: 20-CC-20201124123247

FACILITY NAME:	LIVINGSTON, AMELIA FAMILY CHILD CARE		FACILITY NUMBER:	376626054
ADMINISTRATOR:	AMELIA LIVINGSTON		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(619) 399-8167
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92113
CAPACITY:	14	CENSUS: 13	DATE:	02/03/2021
		UNANNOUNCED	TIME BEGAN:	11:09 AM
MET WITH:	Amelia Livingston, Licensee		TIME COMPLETED:	12:11 PM

ALLEGATION(S):

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The Licensee does not live in the home.

INVESTIGATION FINDINGS:

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On February 3, 2021 at 11:09 AM, due to the COVID-19 State of Emergency, Licensing Program Analyst (LPA), Marie Hernandez conducted an unannounced Tele-Conference complaint investigation inspection to deliver the complaint findings with the Licensee, Amelia Livingston. Language Link Interpreter provided translation services for the Licensee. Present are thirteen children with the Licensee and the adult helper, Areli Razo. Through the course of the complaint investigation, LPA conducted several interviews with the Licensee, her children, a staff member, a witness, several day care children and several day-care parents. LPA also conducted a virtual inspection of the home (facility). The Licensee admitted to temporarily moving out of the home on August 1, 2020 but continued to operate the day care out of the home (facility). However, the Licensee stated on December 9, 2020 she moved back into the home (facility).

We have found there is a preponderance of evidence to prove the alleged violation occurred of the “Licensee does not live in the home,” therefore the allegation is determined to be SUBSTANTIATED. Health & Safety Code Section 1596.78(a) is being cited on the attached LIC 9099D.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Joe Carrasco	TELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Marie Hernandez	TELEPHONE: (619) 767-2244
LICENSING EVALUATOR SIGNATURE:	DATE: 02/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/03/2021

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 5

Control Number 20-CC-20201124123247

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: LIVINGSTON, AMELIA FAMILY CHILD CARE	FACILITY NUMBER: 376626054
	VISIT DATE: 02/03/2021

NARRATIVE

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LPA Marie Hernandez explained the complaint investigation report and the appeal rights with the Licensee. The following reports were provided to the Licensee via email: LIC9099, LIC9099-C, LIC9099-D, Appeal Rights (LIC 9058), Acknowledgement of Receipt of Licensing Reports (LIC 9224) and the Notice of Site Visit (LIC 9213). The Licensee was advised that she shall post the Type A Complaint Investigation Report and the Notice of Site Visit for 30 days and shall provide a copy of the licensing report along with the Acknowledgement of Receipt of Licensing Reports (LIC 9224) to the parents/guardians of children in care at the facility and to the parents/guardians of children newly enrolled at the facility for the next 12 months. In addition, the LIC 9224 must be signed by parents/guardians of children currently in enrolled and to parents/guardians of children newly enrolled at the facility and placed in each child’s record for the next 12 months. The Licensee stated it is understood.

The Licensee was advised that acknowledgement of receipt of the report is to be received within 24 hours. NOTE on Facility Signature: SEE FILE FOR ACKNOWLEDGEMENT.

SUPERVISOR'S NAME: Joe Carrasco	TELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Marie Hernandez	TELEPHONE: (619) 767-2244
LICENSING EVALUATOR SIGNATURE:	DATE: 02/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/03/2021

LIC9099 (FAS) - (06/04)

Page: 2 of 5

Control Number 20-CC-20201124123247

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: LIVINGSTON, AMELIA FAMILY CHILD CARE	FACILITY NUMBER: 376626054
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/03/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 02/04/2021 Section Cited HSC 1596.78(a)	1 2 3 4 5 6 7	H & S 1596.78(a) “Family day care home” means a home that regularly provides care...and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away...large family day care home or a small family day care home...This requirement was not met as evidenced by:	1 2 3 4 5 6 7	The Licensee stated she moved back into the home on 12/09/2020 and will submit a written plan of correction to ensure she will not move again from the home and how she will ensure to provide a safe environment for the children.
	8 9 10 11 12 13 14	Based on LPA’s observations, interviews conducted, records reviewed and the Licensee’s admission to temporarily moving out of the home on 08/01/2020 and moving back into the home on 12/09/2020. This poses an immediate health and safety risk to children in care.	8 9 10 11 12 13 14	The Licensee will submit proof of written plan to the LPA by 02/04/2021. The appeal rights were discussed and provided.
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	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: Joe Carrasco	TELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Marie Hernandez	TELEPHONE: (619) 767-2244
LICENSING EVALUATOR SIGNATURE:	DATE: 02/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/03/2021

LIC9099 (FAS) - (06/04)

Page: 3 of 5

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
11/24/2020 and conducted by Evaluator Marie Hernandez

PUBLIC

COMPLAINT CONTROL NUMBER: 20-CC-20201124123247

FACILITY NAME:	LIVINGSTON, AMELIA FAMILY CHILD CARE		FACILITY NUMBER:	376626054
ADMINISTRATOR:	AMELIA LIVINGSTON		FACILITY TYPE:	810
ADDRESS:	1364 SOUTH 50TH STREET		TELEPHONE:	(619) 399-8167
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92113
CAPACITY:	14	CENSUS: 13	DATE:	02/03/2021
		UNANNOUNCED	TIME BEGAN:	11:09 AM
MET WITH:	Amelia Livingston, Licensee		TIME COMPLETED:	12:11 PM

ALLEGATION(S):

1
2
3
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5
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7
8
9

The provider is not safeguarding the health and safety of children in care.

INVESTIGATION FINDINGS:

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

On February 3, 2021 at 11:09 AM, due to the COVID-19 State of Emergency, Licensing Program Analyst (LPA), Marie Hernandez conducted an unannounced Tele-Conference complaint investigation inspection to deliver the complaint findings with the Licensee, Amelia Livingston. Language Link Interpreter provided translation services for the Licensee. Present are thirteen children with the Licensee and the adult helper, Areli Razo. Through the course of the complaint investigation, LPA conducted several interviews with the Licensee, her children, a staff member, a witness, several day care children and several day-care parents. However, they all did not disclose anything inappropriate with the Licensee. LPA also conducted a virtual inspection of the home (facility) and reviewed pertinent information.

However, there was conflicting evidence to corroborate the allegation that “The provider is not safeguarding the health and safety of children in care.” Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur. Therefore, the allegation is Unsubstantiated.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Joe Carrasco	TELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Marie Hernandez	TELEPHONE: (619) 767-2244
LICENSING EVALUATOR SIGNATURE:	DATE: 02/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/03/2021

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

LIC9099 (FAS) - (06/04)

Page: 4 of 5

Control Number 20-CC-20201124123247

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: LIVINGSTON, AMELIA FAMILY CHILD CARE	FACILITY NUMBER: 376626054
	VISIT DATE: 02/03/2021

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	LPA Marie Hernandez explained the complaint investigation report and the appeal rights with the Licensee. The Licensee stated it is understood. A copy of the report and the appeal rights were emailed to the Licensee. The Licensee was advised that acknowledgement of receipt of the report is to be received within 24 hours. NOTE on Facility Signature: SEE FILE FOR ACKNOWLEDGEMENT.

SUPERVISOR'S NAME: Joe Carrasco	TELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Marie Hernandez	TELEPHONE: (619) 767-2244
LICENSING EVALUATOR SIGNATURE:	DATE: 02/03/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/03/2021

LIC9099 (FAS) - (06/04)

Page: 5 of 5