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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376626543
Report Date: 04/17/2020
Date Signed: 04/17/2020 03:05:23 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
01/29/2020 and conducted by Evaluator Vicky Williamson
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20200129083431
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: 2DATE:
04/17/2020
ANNOUNCEDTIME BEGAN:
01:20 PM
MET WITH:Marivel Portugal & Octavio Parra TIME COMPLETED:
02:15 PM
ALLEGATION(S):
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Licensee grabbed a daycare child agressively
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs) Vicky Williamson and Gloria Gonzalez conducted an announced complaint inspection via Zoom for the purpose of delivering complaint findings in regard to the above allegation. LPA met with Licensees, Marivel Portugal and Octavio Parra. LPA Gloria Gonzalez aided as a Spanish translator. There were 2 daycare children present. It was alleged that licensee grabbed a daycare child aggressively. Information received indicated that Licensee Octavio Parra was observed by a witness grabbing child #1 aggressively by the arm. Interviews were conducted with the licensees, a witness, several daycare children and daycare parents. Licensees denied the allegation and stated that they have never grabbed any daycare children by any parts of their body. Child #1 was interviewed but did not disclosed that he was grabbed by Licensees, Octavio Parra or Marivel Portugal. A total of five daycare children were interviewed. Three out five daycare children interviewed stated that they have been grabbed on the lower part of their arm by both licensees. The same daycare children stated that they have observed both licensees grabbing child #1 and other daycare children on the lower part of their arm.
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Joe CarrascoTELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Vicky WilliamsonTELEPHONE: (619) 767-2214
LICENSING EVALUATOR SIGNATURE:

DATE: 04/17/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/17/2020
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-20200129083431
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: 04/17/2020
NARRATIVE
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A few daycare children stated that the licensees’ grabbing them on their arm hurt and made them feel sad. Daycare parents interviewed expressed no concerns regarding the allegation and stated that they were advised by their children that licensees is grabbing daycare children on their arms at the facility.

Based on the interviews conducted with the licensees, a witness, daycare children and daycare parents the preponderance of evidence standard has been met that that licensee grabs daycare child aggressively, therefore the allegation is found to be SUBSTANTIATED

This is a repeat violation. A $250 Civil Penalty was accessed.

California Code of Regulations Per Title 22, Chapter 3, Division 12. Please refer to LIC 9099D for cited deficiency. AB 633 requires that a copy of this report be posted and provided to parents of all children currently enrolled and parents of newly enrolled children in the next 12 months. Signed receipt (LIC 9224) to be maintained in each child's record for future review by Licensing. LPA provided form LIC 9224 to Licensee.

Licensees were provided appeal rights (LIC 9058 01/16) and the copy of receipt of acknowledgement on file acknowledges receipt of these rights. Notice of Site Visit (LIC 9213) was provided to be posted at the facility for 30 days. LPA observed form LIC 9213 posted.
SUPERVISOR'S NAME: Joe CarrascoTELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Vicky WilliamsonTELEPHONE: (619) 767-2214
LICENSING EVALUATOR SIGNATURE:

DATE: 04/17/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/17/2020
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 20-CC-20200129083431
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: 04/17/2020
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
04/21/2020
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... Requirement was not met as evidenced by; Based on LPA's interviews with licensees, a witness,
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LPA Gonzalez reviewed regulation 102423 Personal Rights with Licensees' in Spanish during the tele-inspection. LPA’s requested a written declaration from both Licensee’s stating that they acknowledge and understand the personal rights regulation. Licensee's agreed to watch and provide LPA Wiliamson with
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several daycare children and day care parents, it has been determined that Licensees grabbed several daycare children inappropriately by grabbing their lower arm. This is a repeat violation. A $250 Civil Penalty was accessed. This poses an immediate health and safety risk to the children in care.
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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 4/21/20.
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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: Joe CarrascoTELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Vicky WilliamsonTELEPHONE: (619) 767-2214
LICENSING EVALUATOR SIGNATURE:

DATE: 04/17/2020
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/17/2020
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
01/29/2020 and conducted by Evaluator Vicky Williamson
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20200129083431

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: 2DATE:
04/17/2020
ANNOUNCEDTIME BEGAN:
01:20 PM
MET WITH:Marivel Portugal & Octavio Parr TIME COMPLETED:
02:15 PM
ALLEGATION(S):
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Licensee pulled daycare child by the ears.
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs) Vicky Williamson and Gloria Gonzalez conducted an announced complaint inspection via Zoom for the purpose of delivering complaint findings in regard to the above allegation. LPA met with Licensees, Marivel Portugal and Octavio Parra. LPA Gloria Gonzalez aided as a Spanish translator. There were 2 daycare children present. It was alleged that licensee pull a daycare child by the ears. Information received indicated that child #1 stated that Licensee Octavio Parra pulled him by the ears. Interviews were conducted with licensees, a witness, several daycare children and daycare parents. Licensees denied the allegation and stated that they have never grabbed any daycare children by their ears or any other parts of their body. Child #1 was interviewed but did not disclosed that he was grabbed on his ears by Licensees, Octavio Parra or Marivel Portugal. Daycare children interviewed did not disclose that they have observed licensees’ grabbing child #1 or any daycare children by their ears. Daycare parents interviewed expressed no concerns regarding the allegation. Based on interviews conducted with licensees, a witness, several daycare children and daycare parents, it was determined there was inconsistent information obtained resulting in a lack of evidence to support the allegation.

Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Joe CarrascoTELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Vicky WilliamsonTELEPHONE: (619) 767-2214
LICENSING EVALUATOR SIGNATURE:

DATE: 04/17/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/17/2020
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-20200129083431
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: 04/17/2020
NARRATIVE
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Due to conflicting statements obtained during the course of the investigation, the above allegation is found to be unsubstantiated meaning that although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violations occurred.

Licensees were provided appeal rights (LIC 9058 01/16) and the copy of receipt of acknowledgement on file acknowledges receipt of these rights. Notice of Site Visit (LIC 9213) was provided via email to be posted at the facility for 30 days.
SUPERVISOR'S NAME: Joe CarrascoTELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Vicky WilliamsonTELEPHONE: (619) 767-2214
LICENSING EVALUATOR SIGNATURE:

DATE: 04/17/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/17/2020
LIC9099 (FAS) - (06/04)
Page: 5 of 5