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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376627129
Report Date: 08/19/2024
Date Signed: 08/19/2024 04:56:21 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
07/08/2024 and conducted by Evaluator Luigi Gargaro
COMPLAINT CONTROL NUMBER: 20-CC-20240708171248
FACILITY NAME:PALMA, LIZBETH FAMILY CHILD CAREFACILITY NUMBER:
376627129
ADMINISTRATOR:LIZBETH PALMAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 929-4003
CITY:SAN DIEGOSTATE: CAZIP CODE:
92154
CAPACITY:14CENSUS: DATE:
08/19/2024
UNANNOUNCEDTIME BEGAN:
03:45 PM
MET WITH:Lizbeth PalmaTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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Staff use inappropriate physical discipline practices with day care children
INVESTIGATION FINDINGS:
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On 08/19/24 at 3:45PM, Licensing Program Analyst (LPA) Luigi Gargaro conducted a complaint finding delivery visit with licensee Lizbeth Palma regarding the above allegation. During the course of the investigation, analyst conducted interviews with the reporting party, the licensee, licensee assistants, children in care, day care parents and reviewed additional documented recorded evidence related to the allegation.

Based on the testimonial and visually recorded evidence, analyst determined that staff member #1 violated child #1's personal rights when she restrained him on his napping mat by placing her leg on his back to hold him in place and keep him from throwing a tantrum.

Based on LPA’s interviews which were conducted and review of visual evidence the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED, California Code of Regulations, and one type A violations (Title 22, Division 12, Chapter 1, Section 102423(a)(4)) is being cited on the attached LIC 9099D
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Jason GarayTELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Luigi GargaroTELEPHONE: (619) 767-2229
LICENSING EVALUATOR SIGNATURE:

DATE: 08/19/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/19/2024
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 4
Control Number 20-CC-20240708171248
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: PALMA, LIZBETH FAMILY CHILD CARE
FACILITY NUMBER: 376627129
VISIT DATE: 08/19/2024
NARRATIVE
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Upon receipt of a type A violation, 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.

An exit interview was conducted and the report was reviewed with licensee Palma. A copy of this report, along with Appeal Rights (LIC9058 01/16), was 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 GarayTELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Luigi GargaroTELEPHONE: (619) 767-2229
LICENSING EVALUATOR SIGNATURE:

DATE: 08/19/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/19/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 4
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
07/08/2024 and conducted by Evaluator Luigi Gargaro
COMPLAINT CONTROL NUMBER: 20-CC-20240708171248

FACILITY NAME:PALMA, LIZBETH FAMILY CHILD CAREFACILITY NUMBER:
376627129
ADMINISTRATOR:LIZBETH PALMAFACILITY TYPE:
810
ADDRESS:2183 IMOGENE AVENUETELEPHONE:
(619) 929-4003
CITY:SAN DIEGOSTATE: CAZIP CODE:
92154
CAPACITY:14CENSUS: DATE:
08/19/2024
UNANNOUNCEDTIME BEGAN:
03:45 PM
MET WITH:Lizbeth PalmaTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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Staff speak to day care children in an inappropriate manner
INVESTIGATION FINDINGS:
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On 08/19/24 at 3:45PM, Licensing Program Analyst (LPA) Luigi Gargaro conducted a complaint finding delivery visit with licensee Lizbeth Palma regarding the above allegation. During the course of the investigation, analyst conducted interviews with the reporting party, the licensee, licensee assistants, children in care, day care parents and reviewed additional documented recorded evidence related to the allegation.

Based on the information gathered, there was conflicting testimony as to whether staff member #1 speaks to children in an inappropriate manner and whether some of her interaction constitutes that. As analyst could not conclusively prove or disprove the allegation, it was therefore determined to be unsubstantiated.

An exit interview was conducted and the report was reviewed with licensee Palma. A copy of this report, along with Appeal Rights (LIC9058 01/16), was 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.
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Jason GarayTELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Luigi GargaroTELEPHONE: (619) 767-2229
LICENSING EVALUATOR SIGNATURE:

DATE: 08/19/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/19/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 20-CC-20240708171248
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: PALMA, LIZBETH FAMILY CHILD CARE
FACILITY NUMBER: 376627129
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/19/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/20/2024
Section Cited
CCR
102423(a)(4)
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Each child receiving services from a family child care 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:... 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 requirement was not met as evidenced by:
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Licensee states that she will enroll the staff member in question in a YMCA Making Sense of Challenging Behaviors class so that she can obtain training to better engage with children in care. Licensee states she
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Based on analyst interviews and recorded evidence review, the licensee did not comply with the section cited above as it was determined that staff member #1 restrained child #1 by putting her leg over him while he was on his napping mat which poses/posed an immediate health, safety or personal rights risk to children in care.
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will choose a class that will occur in the next month and submit the choice and proof of enrollment for her assistant to the analyst by 08/20/24 to address the deficiency.
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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: Jason GarayTELEPHONE: (619) 767-2250
LICENSING EVALUATOR NAME: Luigi GargaroTELEPHONE: (619) 767-2229
LICENSING EVALUATOR SIGNATURE:

DATE: 08/19/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/19/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 4