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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376626543
Report Date: 10/08/2019
Date Signed: 10/08/2019 11:34:07 AM



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
07/15/2019 and conducted by Evaluator Samantha Salunga
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20190715124452
FACILITY NAME:PORTUGAL, MARIVEL & PARRA, OCTAVIO FCCHFACILITY NUMBER:
376626543
ADMINISTRATOR:M. PORTUGAL & O. PARRAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 642-4743
CITY:SPRING VALLEYSTATE: CAZIP CODE:
91977
CAPACITY:14CENSUS: 3DATE:
10/08/2019
UNANNOUNCEDTIME BEGAN:
09:45 AM
MET WITH:M. Portugal & O. ParraTIME COMPLETED:
11:50 AM
ALLEGATION(S):
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Personal Rights- Licensee inappropriately disciplined children in care.
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPA) Samantha Salunga and Gloria Gonzalez completed an unannounced inspection for the purpose of delivering the finding for the above allegation. Upon arrival, LPA's met with Licensee's Marivel Portugal and Octavio Parra. LPA’s observed a total of 3 day care children. LPA Gonzalez conducted an interview with Co-Licensee, Marivel Portugal, in Spanish during inspection. LPA Gonzalez acted as Spanish translator throughout today’s inspection and reviewed this report to Licensee’s in Spanish. LPA Salunga conducted interviews with additional children during inspection. Throughout the investigation, the department interviewed several staff, day care children and day care parents. Based upon information gathered through interviews, the preponderance of evidence standard has been met indicating Licensee’s inappropriate discipline the day care children by grabbing their hand/arm forcefully. The allegation of the Licensee’s violating children’s personal rights is, therefore, substantiated. An exit interview was conducted with both Licensee’s. A printed copy of this report as well as a printed copy of their appeal rights was provided and reviewed with them at the conclusion of this visit. See 9099-C for continuation...
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Monica CuddyTELEPHONE: (619) 767-2249
LICENSING EVALUATOR NAME: Samantha SalungaTELEPHONE: (619) 767-2209
LICENSING EVALUATOR SIGNATURE:

DATE: 10/08/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/08/2019
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
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
07/15/2019 and conducted by Evaluator Samantha Salunga
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20190715124452

FACILITY NAME:PORTUGAL, MARIVEL & PARRA, OCTAVIO FCCHFACILITY NUMBER:
376626543
ADMINISTRATOR:M. PORTUGAL & O. PARRAFACILITY TYPE:
810
ADDRESS:756 SACRAMENTO AVENUETELEPHONE:
(619) 642-4743
CITY:SPRING VALLEYSTATE: CAZIP CODE:
91977
CAPACITY:14CENSUS: 3DATE:
10/08/2019
UNANNOUNCEDTIME BEGAN:
09:45 AM
MET WITH:M. Portugal & O. ParraTIME COMPLETED:
11:50 AM
ALLEGATION(S):
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Personal Rights- Licensee speaks inappropriately to children in care.
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPA) Samantha Salunga and Gloria Gonzalez completed an unannounced inspection for the purpose of delivering the finding for the above allegation. Upon arrival, LPA's met with Licensee's Marivel Portugal and Octavio Parra. LPA’s observed a total of 3 day care children. LPA Gonzalez conducted an interview with Co-Licensee, Marivel Portugal, in Spanish during inspection. LPA Gonzalez acted as Spanish translator throughout today’s inspection and reviewed this report to Licensee’s in Spanish. LPA Salunga conducted interviews with additional children during inspection. Throughout the investigation, the department interviewed several staff, day care children and day care parents. LPA received conflicting information regarding the above allegation. It cannot be determined whether Licensee's or any other staff member speak to day care children inappropriately. Based on the information gathered via interviews, the above allegations are found to be unsubstantiated, which means that although the allegations may have happened or may be valid, there is not a preponderance of the evidence to prove the alleged violations occurred. An exit interview was conducted with both Licensee’s. No deficiencies cited during today's inspection. See 9099-C for continuation...
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Monica CuddyTELEPHONE: (619) 767-2249
LICENSING EVALUATOR NAME: Samantha SalungaTELEPHONE: (619) 767-2209
LICENSING EVALUATOR SIGNATURE:

DATE: 10/08/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/08/2019
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-20190715124452
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: PORTUGAL, MARIVEL & PARRA, OCTAVIO FCCH
FACILITY NUMBER: 376626543
VISIT DATE: 10/08/2019
NARRATIVE
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LPA's provided and reviewed copy of appeal rights (LIC 9058 01/16) to Licensee's and their signature on this form acknowledges receipt of these rights. NOTICE OF SITE VISIT IS TO BE POSTED FOR 30 DAYS. LPA's observed Licensee's post notice of site visit.

LPA's provided and reviewed LIC9102- Advisory Note with Licensee's at conclusion of visit. Their signatures below confirms receipt and understanding of LIC9102.

Licensee’s were provided and advised to regularly visit the Community Care Licensing WEB SITE: http://www.ccld.ca.gov/ for quarterly updates, informational child care resource videos and updated regulation information. Duty Line was also provided: (619) 767-2248. LPA's discussed California Megan's Law and LPA's provided: www.meganslaw.ca.gov
SUPERVISOR'S NAME: Monica CuddyTELEPHONE: (619) 767-2249
LICENSING EVALUATOR NAME: Samantha SalungaTELEPHONE: (619) 767-2209
LICENSING EVALUATOR SIGNATURE:

DATE: 10/08/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/08/2019
LIC9099 (FAS) - (06/04)
Page: 5 of 5
Control Number 20-CC-20190715124452
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: PORTUGAL, MARIVEL & PARRA, OCTAVIO FCCH
FACILITY NUMBER: 376626543
VISIT DATE: 10/08/2019
NARRATIVE
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See LIC 9099D for cited deficiency. Per Chapter 3, Division 12, Title 22 of the California Code of Regulations, upon receipt, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. A copy of the Fact Sheet - AB 633 Child Care Parent Notification Requirements and a copy of LIC 9224 was given to the Licensee’s. NOTICE OF SITE VISIT IS TO BE POSTED FOR 30 DAYS. LPA's observed Licensee's post notice of site visit.

Licensee’s were provided and advised to regularly visit the Community Care Licensing WEB SITE: http://www.ccld.ca.gov/ for quarterly updates, informational child care resource videos and updated regulation information. Duty Line was also provided: (619) 767-2248. LPA's discussed California Megan's Law and LPA's provided: www.meganslaw.ca.gov
SUPERVISOR'S NAME: Monica CuddyTELEPHONE: (619) 767-2249
LICENSING EVALUATOR NAME: Samantha SalungaTELEPHONE: (619) 767-2209
LICENSING EVALUATOR SIGNATURE:

DATE: 10/08/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/08/2019
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 20-CC-20190715124452
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: PORTUGAL, MARIVEL & PARRA, OCTAVIO FCCH
FACILITY NUMBER: 376626543
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/08/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
10/09/2019
Section Cited
CCR
102423(a)(4)
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Personal Rights. "To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature..." This was not met as evidenced by; after conducting interviews with several staff,
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LPA Gonzalez reviewed the personal rights form (LIC613A) in depth with Licensee’s in Spanish during inspection. LPA’s obtained a written declaration from both Licensee’s stating that they acknowledge and understand the personal rights regulation and form LIC613A.
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children and day care parents, it has been determined that Licensee’s inappropriately discipline the day care children by grabing their hand/arm forcefully. This poses an Immediate Health and Safety risk to the clients in care.
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Licensee's agreed to watch and provide LPA Salunga with separate summaries of what they learned from the following video titled, "Children’s Personal Rights in Child Care," from the Community Care Licensing website. Video can be accessed at https://ccld.childcarevideos.org/parents-and-families/childrens-personal-rights-in-child-care/. Summaries are due by 11/05/2019.
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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: Monica CuddyTELEPHONE: (619) 767-2249
LICENSING EVALUATOR NAME: Samantha SalungaTELEPHONE: (619) 767-2209
LICENSING EVALUATOR SIGNATURE:

DATE: 10/08/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/08/2019
LIC9099 (FAS) - (06/04)
Page: 3 of 5