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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376628204
Report Date: 03/08/2022
Date Signed: 03/08/2022 04:53:45 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
12/21/2021 and conducted by Evaluator Michelle Hood
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20211221155459
FACILITY NAME:RODRIGUEZ, MAYRA & WILFREDO FAMILY CHILD CAREFACILITY NUMBER:
376628204
ADMINISTRATOR:MAYRA & WILFREDOFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 305-5400
CITY:CHULA VISTASTATE: CAZIP CODE:
91911
CAPACITY:14CENSUS: 4DATE:
03/08/2022
UNANNOUNCEDTIME BEGAN:
10:40 AM
MET WITH:Mayra Rodriguez, LicenseeTIME COMPLETED:
12:45 PM
ALLEGATION(S):
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Licensee retaliated against a daycare parent
Licensee allowed child access to an off-limits area
INVESTIGATION FINDINGS:
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On 03/08/2022 at 10:40 am, Licensing Program Analyst (LPA) Michelle Hood arrived to conduct an unannounced inspection to deliver complaint findings for the above-listed allegations. Upon arrival, LPA met with licensee Wilfredo Rodriguez and toured the facility. There were three (3) children present at the time of inspection. Licensee Mayra Rodriguez returned to the facility with one (1) child.

LPA conducted interviews with daycare children, daycare parents, reporting party, witnesses, and licensees. LPA reviewed the facility handbook and termination letter provided by the licensee. LPA determined a child was terminated from the facility for an accusation against the facility. During an interview, licensee Mayra Rodriquez stated she was cited on 12/07/2021, for allowing daycare children to use an off-limit bedroom. The licensee stated she has not used the off-limit bedroom; however, she allows the daycare children to use the off-limit bathroom when the daycare bathroom is occupied.
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Michelle HoodTELEPHONE: (691) 767-2241
LICENSING EVALUATOR SIGNATURE:

DATE: 03/08/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/08/2022
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-20211221155459
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: RODRIGUEZ, MAYRA & WILFREDO FAMILY CHILD CARE
FACILITY NUMBER: 376628204
VISIT DATE: 03/08/2022
NARRATIVE
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Due to licensee Mayra Rodriguez allowing children access to an off-limit area is a repeat violation because the facility was cited for the same violation within 12 months. Today, an immediate civil penalty of $250 will be assessed.

The preponderance of evidence standard has been met, therefore the allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 3, are being cited on the attached LIC 9099D.

LPA Hood informed licensee Mayra Rodriguez that this report dated 03/08/2022 documents one Type A citation which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA Hood informed the licensee Mayra Rodriguez to provide a copy of this licensing report dated 03/08/2022, that documents any Type A citation 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.

The licensee was provided appeal rights (LIC9058 01/16) and their signature on this form acknowledges receipt of these rights. Notice of site visit was provided to the licensee and must remain posted for 30 days. An exit interview was conducted, and the report was reviewed with the licensee Mayra Rodriguez.
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Michelle HoodTELEPHONE: (691) 767-2241
LICENSING EVALUATOR SIGNATURE:

DATE: 03/08/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/08/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 20-CC-20211221155459
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: RODRIGUEZ, MAYRA & WILFREDO FAMILY CHILD CARE
FACILITY NUMBER: 376628204
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/08/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/08/2022
Section Cited
CCR
102416.3(a)(6)
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102416.3(a)(6)Alterations to Existing Buildings or Grounds
Prior to making alterations or additions to a family childcare home... licensee shall notify the Department of the proposed changed, including...Any change from an area... previously identified as "off limits" to an area where care and supervision will be provided. This requirement was not met as evidenced by…
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Licensee stated since 12/28/2021, she no longer uses the master bathroom for children care. The licensee stated the master bedroom door remains closed while children are in care.
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Based on Licensees admittance, the licensee did not ensure the off-limits area was inaccessible to children in care. Licensees allowed daycare children to use an off-limit bathroom when the daycare bathroom is occupied. This poses an immediate health and safety risk to children in care.
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Type B
04/06/2022
Section Cited
CCR
102419(a)(5)
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102419(a)(5) Admission Procedures and Parental and Authorized Representative's Rights. The licensee shall inform parents or authorized representatives of children in care of their rights...the following: To complain...licensing office and inspect the FCCH without...
retaliation in accordance with H&S Code Sec. 1596.857. This requirement was not met as evidenced by:
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The licensee stated she will provide LPA with a revised facility handbook to reflect her current termination policy. The licensee stated she understands she cannot retaliate by terminating a child when a complaint is filed with CCLD. Licensees with watch the Rights:

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Based on LPA’s review of the facility handbook and termination letter. It was determined a child was terminated from the facility for filing an accusation against the facility. This poses a potential health and safety risk to children in care.
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Yours, Parents', and Children's videos on the CCLD webpage under Your Rights as a Child Care Licensee, Parents' Rights in Child Care, and Children's Personal Rights in Child Care. The licensees will provide LPA a written summary for each Right’s video no later than 04/06/2022.
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: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Michelle HoodTELEPHONE: (691) 767-2241
LICENSING EVALUATOR SIGNATURE:

DATE: 03/08/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/08/2022
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
12/21/2021 and conducted by Evaluator Michelle Hood
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20211221155459

FACILITY NAME:RODRIGUEZ, MAYRA & WILFREDO FAMILY CHILD CAREFACILITY NUMBER:
376628204
ADMINISTRATOR:MAYRA & WILFREDOFACILITY TYPE:
810
ADDRESS:1160 VIA TRIESTETELEPHONE:
(619) 305-5400
CITY:CHULA VISTASTATE: CAZIP CODE:
91911
CAPACITY:14CENSUS: 4DATE:
03/08/2022
UNANNOUNCEDTIME BEGAN:
10:40 AM
MET WITH:Mayra Rodriguez, LicenseeTIME COMPLETED:
12:45 PM
ALLEGATION(S):
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A minor provided supervision to the daycare children without an adult present
Licensee discussed confidential information about a daycare child with another parent
INVESTIGATION FINDINGS:
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On 03/08/2022 at 10:40 am, Licensing Program Analyst (LPA) Michelle Hood arrived to conduct an unannounced inspection to deliver complaint findings for the above-listed allegations. Upon arrival, LPA met with licensee Wilfredo Rodriguez and toured the facility. There were three (3) children present at the time of inspection. Licensee Mayra Rodriguez returned to the facility with one (1) child.

During the investigation, interviews were conducted with daycare children, daycare parents, reporting party, witnesses, and licensees. Daycare children, daycare parents, and witnesses stated the licensees are present while the children are in care. Licensees, witnesses and daycare children stated children are always supervised by at least one licensee and assistant. According to daycare parents interviewed, licensees have not disclosed confidential information and they're satisfied with have no concerns regarding the care being provided by the facility and staff.

Due to conflicting statements obtained during 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.
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Michelle HoodTELEPHONE: (691) 767-2241
LICENSING EVALUATOR SIGNATURE:

DATE: 03/08/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/08/2022
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-20211221155459
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: RODRIGUEZ, MAYRA & WILFREDO FAMILY CHILD CARE
FACILITY NUMBER: 376628204
VISIT DATE: 03/08/2022
NARRATIVE
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The licensee Mayra Rodriguez was provided appeal rights (LIC9058 01/16) and their signature on this form acknowledges receipt of these rights. Notice of site visit was provided to licensee Mayra Rodriguez and must remain posted for 30 days. An exit interview was conducted, and the report was reviewed with the licensee Mayra Rodriguez.
SUPERVISOR'S NAME: Cynthia GrayTELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Michelle HoodTELEPHONE: (691) 767-2241
LICENSING EVALUATOR SIGNATURE:

DATE: 03/08/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/08/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 5