376627894-1-8-2021-20-CC-JCAO-BXHME2-20210122083157

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376627894
Report Date: 01/08/2021
Date Signed: 01/08/2021 01:15:32 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
10/29/2020 and conducted by Evaluator Adrian Castellon

COMPLAINT CONTROL NUMBER: 20-CC-20201029170208

FACILITY NAME:	ROBLES, MARGARITA FAMILY CHILD CARE		FACILITY NUMBER:	376627894
ADMINISTRATOR:	MARGARITA ROBELS		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(619) 726-3208
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92154
CAPACITY:	14	CENSUS:	DATE:	01/08/2021
		UNANNOUNCED	TIME BEGAN:	11:00 AM
MET WITH:	Margarita Robles		TIME COMPLETED:	12:30 PM

ALLEGATION(S):

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Licensee did not make pool inaccessible to children in care

INVESTIGATION FINDINGS:

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LPA Adrian Castellon conducted a complaint inspection on this date. LPA Castellon met with licensee Margarita Robles and discussed the purpose of the inspection which is to deliver complaint findings. On 10.29.20, the SDCCRO received a complaint alleging that licensee Robles did not make a pool located in the facility back yard inaccessible to children in care.

A full investigation was conducted. LPA Castellon conducted interviews with day-care parents and facility staff. LPA Castellon conducted two unannounced inspection at the Robles FCC. LPA Castellon did observe an unfenced above ground pool located in the backyard. Licensee Robles states that children in care were not permitted to use the pool. Based on the information gathered, interviews conducted and the licensee's own admission and LPA Castellon's observations, the preponderance of evidence has been met, therefore the above allegation is found to be substantiated. A Type A Citation will be issued on this date. An immediate $500 civil penalty was assessed on this date. LPA Castellon discussed LIC9224 process with licensee Robles. Appeal rights were discussed verbally and a copy of said rights was given to licensee.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Joe Carrasco	TELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Adrian Castellon	TELEPHONE: (619) 767-2237
LICENSING EVALUATOR SIGNATURE:	DATE: 01/08/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/08/2021

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

LIC9099 (FAS) - (06/04)

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Control Number 20-CC-20201029170208

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: ROBLES, MARGARITA FAMILY CHILD CARE	FACILITY NUMBER: 376627894
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/08/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 01/06/2021 Section Cited CCR 102417(g)(5)	1 2 3 4 5 6 7	102417(g)(5): (5) All licensees shall ensure the inaccessibility of pools (in-ground and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds and similar bodies of water through a pool cover or by surrounding the pool with a fence.	1 2 3 4 5 6 7	The above ground pool has been removed from the facility backyard.
	8 9 10 11 12 13 14	This requirement was not met as evidenced by LPA Castellon's observation of an above ground pool located in the facility back yard. The pool was not fenced as required. This poses an immediate threat to children in care. The pool was empty of water at the time of LPA Castellon observation.	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: Joe Carrasco	TELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Adrian Castellon	TELEPHONE: (619) 767-2237
LICENSING EVALUATOR SIGNATURE:	DATE: 01/08/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/08/2021

LIC9099 (FAS) - (06/04)

Page: 2 of 3

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
10/29/2020 and conducted by Evaluator Adrian Castellon

COMPLAINT CONTROL NUMBER: 20-CC-20201029170208

FACILITY NAME:	ROBLES, MARGARITA FAMILY CHILD CARE		FACILITY NUMBER:	376627894
ADMINISTRATOR:	MARGARITA ROBELS		FACILITY TYPE:	810
ADDRESS:	1158 SEA REEF DRIVE		TELEPHONE:	(619) 726-3208
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92154
CAPACITY:	14	CENSUS:	DATE:	01/08/2021
		UNANNOUNCED	TIME BEGAN:	11:00 AM
MET WITH:	Margarita Robles		TIME COMPLETED:	12:30 PM

ALLEGATION(S):

1
2
3
4
5
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7
8
9

Children in care have access to hazards in facility garage.

INVESTIGATION FINDINGS:

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

LPA Adrian Castellon conducted a complaint inspection on this date. LPA Castellon met with licensee Margarita Robles and discussed the purpose of the inspection which is to deliver complaint findings. On 10.29.20, the SDCCRO received a complaint alleging that a children in care have access to hazards in the facility garage.

A full investigation was conducted. LPA Castellon conducted interviews with 5 day-care parents, and 3 facility staff. LPA Castellon conducted two unannounced inspection during the course of the investigation. The garage at the Robles FCC is currently being used 2 to 3 hours a day for distance learning purposes. LPA Castellon toured the garage and took pictures. LPA Castellon did not observe any hazardous accessible items in the garage. Due to conflicting statements obtained during the course of the investigation, the above allegations are found to be UNSUBSTANTIATED meaning that although the allegations may have happened or are valid, there is not a preponderance of the evidence to prove that the alleged violations occurred. Licensee was provided appeal rights (LIC9058 01/16) and their signature on this form acknowledges receipt of these rights. Provided Notice of Site Visit. LPA Castellon advised licensee to post the Notice of Site Visit.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Joe Carrasco	TELEPHONE: (619) 767-2243
LICENSING EVALUATOR NAME: Adrian Castellon	TELEPHONE: (619) 767-2237
LICENSING EVALUATOR SIGNATURE:	DATE: 01/08/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/08/2021

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

LIC9099 (FAS) - (06/04)

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