376626054-9-7-2023-20-CC-JGAY-CVPUPW-20230915154613

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376626054
Report Date: 09/07/2023
Date Signed: 09/07/2023 06:53:42 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
07/06/2023 and conducted by Evaluator Cindy Meier

COMPLAINT CONTROL NUMBER: 20-CC-20230706153637

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: 6	DATE:	09/07/2023
		UNANNOUNCED	TIME BEGAN:	01:20 PM
MET WITH:	Amelia Livingston		TIME COMPLETED:	03:00 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Staff restrained child

INVESTIGATION FINDINGS:

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

On 09/07/2023 at 1:20 p.m. Licensing Program Analyst (LPA), Cindy Meier conducted an unannounced complaint inspection to deliver the findings of the above allegation. LPA met with Licensee, Amelia Livingston and advised licensee of the purpose of the inspection and conducted a tour of the facility. There were six (6) children and assistant, (S1) present during the inspection.

During the course of the investigation, interviews were conducted with licensee, assistant (S1), day-care parents and day-care children. The facility roster was obtained and reviewed by LPA.

Based on interviews conducted, it was determined that on 07/03/23, licensee restrained C1 in a highchair for approximately three (3) to five (5) minutes, as a form of discipline. Licensee admitted that she put C1 in a highchair and connected the seat belt, in response to C1’s behavior, which included hitting, kicking, and biting S1,

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Cindy Meier	TELEPHONE: (619) 767-2232
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2023

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 6

Control Number 20-CC-20230706153637

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: 09/07/2023

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

to protect the younger children in care. Both, licensee and S1, denied using the highchair for discipline prior to the incident and for any other children; however, during day-care children interviews it was disclosed that the highchair had been used on multiple occasions and for multiple children. According to the highchair’s manufacturer, the product is intended for children up to 3 years old or a maximum weight of 33 lbs. C1 weighs approximately 57 lbs.

Based on licensee admission and other interviews 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), are being cited on the attached LIC 9099D.

LPA Cindy Meier informed Licensee, Amelia Livingston that this report dated 09/07/23 document(s) (1) Type A citation which shall be posted for 30 consecutive days as there is immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA Cindy Meier informed the Licensee, Amelia Livingston to provide a copy of this licensing report dated 09/07/23 that documents Type A citation(s) 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, Amelia Livingston. A copy of this report, along with Appeal Rights (LIC9058 03/22), 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: Cindy Meier	TELEPHONE: (619) 767-2232
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 6

Control Number 20-CC-20230706153637

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: 09/07/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 09/07/2023 Section Cited CCR 102423(a)(4)	1 2 3 4 5 6 7	102423 Personal Rights: (a) Each child receiving services from a family childcare home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following: (4) To be free from…unusual punishment… This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Licensee stated she will view the CCLD video Children’s Personal Rights in Child Care along with updating the facility’s discipline policies and procedures to ensure procedures are in compliance with CCLD regulations. Licensee will submit an updated copy and summary of video. https://ccld.childcarevideos.org/family-child-care-providers/
	8 9 10 11 12 13 14	Based on licensee admission and other interviews conducted by LPA, Licensee did not comply with the above regulation, as a day-care child was restrained in a highchair, as a form of discipline, which poses an immediate 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: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Cindy Meier	TELEPHONE: (619) 767-2232
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2023

LIC9099 (FAS) - (06/04)

Page: 3 of 6

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
07/06/2023 and conducted by Evaluator Cindy Meier

COMPLAINT CONTROL NUMBER: 20-CC-20230706153637

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: 6	DATE:	09/07/2023
		UNANNOUNCED	TIME BEGAN:	01:20 PM
MET WITH:	Amelia Livingston		TIME COMPLETED:	03:00 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Staff hit child

INVESTIGATION FINDINGS:

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

On 09/07/2023 at 1:20 p.m. Licensing Program Analyst (LPA), Cindy Meier conducted an unannounced complaint inspection to deliver the findings of the above allegation. LPA met with Licensee, Amelia Livingston and advised licensee of the purpose of the inspection and conducted a tour of the facility. There were six (6) children and assistant, (S1) present during the inspection.

During the course of the investigation, interviews were conducted with licensee, assistant (S1), day-care parents and day-care children. The facility roster was obtained and reviewed by LPA.

It was alleged that on 07/03/23, S1 struck C1 in the face in response to C1 biting S1’s arm. Licensee and S1, both, denied the allegation, stating they have never hit C1 or

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Jason Garay	TELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Cindy Meier	TELEPHONE: (619) 767-2232
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2023

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 6

Control Number 20-CC-20230706153637

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: 09/07/2023

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

any other child. C1 confirmed the allegation during the interview with LPA; however, other day care children interviewed denied the allegation, stating they had never observed the licensee or S1 hit children, nor had been hit by licensee or S1. Day-care parents interviewed, stated they have not observed staff hitting children.

Due to conflicting information obtained throughout the course of the investigation and no other witnesses to the alleged incident, LPA was unable to determine whether or not the allegation may have happened or are valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED.

Exit interview conducted and report was reviewed with Licensee, Amelia Livingston. A copy of this report, along with Appeal Rights (LIC9058 03/22), 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: Cindy Meier	TELEPHONE: (619) 767-2232
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2023

LIC9099 (FAS) - (06/04)

Page: 6 of 6