414004575-3-7-2022-05-CC-GLEG-C5XUPQ-20210816154554

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 414004575
Report Date: 08/12/2021
Date Signed: 03/07/2022 05:14:58 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 851 TRAEGER AVE., SUITE 360
SAN BRUNO, CA 94066

This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/17/2021 and conducted by Evaluator Marie Rodriguez

PUBLIC

COMPLAINT CONTROL NUMBER: 05-CC-20210517101608

FACILITY NAME:	ESPINOZA, YADIRA		FACILITY NUMBER:	414004575
ADMINISTRATOR:	ESPINOZA, YADIRA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(650) 315-4277
CITY:	SAN MATEO	STATE: CA	ZIP CODE:	94403
CAPACITY:	14	CENSUS: 7	DATE:	08/12/2021
		UNANNOUNCED	TIME BEGAN:	12:50 PM
MET WITH:	Yadira Espinoza		TIME COMPLETED:	05:30 PM

ALLEGATION(S):

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- Licensee inappropriately disciplined children in care
- Licensee yells at and says inappropriate comments to children in care

INVESTIGATION FINDINGS:

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*************** THIS IS AN AMENDED REPORT FROM ORIGINAL DATED 8/12/2021 *********************

Licensing Program Analyst (LPA) Marie Rodriguez conducted an unannounced inspection to deliver findings and close complaint. LPA met with Licensee Yadira Espinoza and explained purpose of visit. Licensee had six children in care (two infants and one preschool child and her three minor children). A seventh child arrived shortly after LPA's arrival.

During the course of the investigation, physical plant tour and interviews were conducted and pertinent documents and other evidence were reviewed. It was found based on information provided, there were multiple instances where Licensee had disciplined children inappropriately. Child C1 appeared to be isolated in the corner of the living room and in the sun room on multiple occasions segregated from the other children in care.

(Continued on LIC 9099C)

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Daniel J Oquendo	TELEPHONE: (650) 266-8800
LICENSING EVALUATOR NAME: Marie Rodriguez	TELEPHONE: (650) 266-8800
LICENSING EVALUATOR SIGNATURE:	DATE: 03/07/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/07/2022

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 05-CC-20210517101608

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 851 TRAEGER AVE., SUITE 360
SAN BRUNO, CA 94066

FACILITY NAME: ESPINOZA, YADIRA	FACILITY NUMBER: 414004575
	VISIT DATE: 08/12/2021

NARRATIVE

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(Continued from LIC 9099)

It was also found based on information provided, there were multiple instances where the Licensee appeared to be heard yelling at various children in care and also making inappropriate comments about children to staff.

Based on information gathered, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED.

Deficiency cited today under California Code of Regulations, Title 22, Division 12, follows on LIC 9099D. Licensee will be cited once under the same regulation for both allegations.

Report reviewed and discussed with Licensee Yadira Espinoza. Appeals Rights explained. A copy of report and Appeals Rights were provided to Licensee.

SUPERVISOR'S NAME: Alma Malig	TELEPHONE: (650) 266-8800
LICENSING EVALUATOR NAME: Marie Rodriguez	TELEPHONE: (650) 266-8800
LICENSING EVALUATOR SIGNATURE:	DATE: 08/12/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/12/2021

LIC9099 (FAS) - (06/04)

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Control Number 05-CC-20210517101608

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 851 TRAEGER AVE., SUITE 360
SAN BRUNO, CA 94066

FACILITY NAME: ESPINOZA, YADIRA	FACILITY NUMBER: 414004575
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 08/12/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Request Denied Type A 08/20/2021 Section Cited CCR 102423(a)(4)	1 2 3 4 5 6 7	Personal Rights (a) 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: (4) 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, including, but not limited to: interference with eating, sleeping or toileting; or withholding shelter, clothing, medication or aids to physical functioning. This requirement has not been met as evidenced by:	1 2 3 4 5 6 7	Plan of correction (POC) will consist of Licensee renewing her mandated reporter training which will expire this month, will also review videos on CCLD website pertaining personal rights, and try to register for a class or webinar on how to handle difficult children.
	8 9 10 11 12 13 14	Based on audio and video recordings, Licensee failed to ensure children in care were free from unusual punishment and intimidation, threat, and ridicule. Children appeared to be isolated as discipline and Licensee appeared to be yelling at children in care which poses an immediate risk to the personal rights of children in care.	8 9 10 11 12 13 14	Office Meeting with Licensee has been scheduled for Monday, August 30, 2021 at 9:30am.
	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: Alma Malig	TELEPHONE: (650) 266-8800
LICENSING EVALUATOR NAME: Marie Rodriguez	TELEPHONE: (650) 266-8800
LICENSING EVALUATOR SIGNATURE:	DATE: 08/12/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/12/2021

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, 851 TRAEGER AVE., SUITE 360
SAN BRUNO, CA 94066

This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/17/2021 and conducted by Evaluator Marie Rodriguez

PUBLIC

COMPLAINT CONTROL NUMBER: 05-CC-20210517101608

FACILITY NAME:	ESPINOZA, YADIRA		FACILITY NUMBER:	414004575
ADMINISTRATOR:	ESPINOZA, YADIRA		FACILITY TYPE:	810
ADDRESS:	1206 31ST AVENUE		TELEPHONE:	(650) 315-4277
CITY:	SAN MATEO	STATE: CA	ZIP CODE:	94403
CAPACITY:	14	CENSUS: 7	DATE:	08/12/2021
		UNANNOUNCED	TIME BEGAN:	12:50 PM
MET WITH:	Yadira Espinoza		TIME COMPLETED:	05:30 PM

ALLEGATION(S):

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- Licensee is not providing adequate food services or feeding day care children in a timely manner
- Facility is out of ratio

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Marie Rodriguez conducted an unannounced inspection to deliver findings and close complaint. LPA met with Licensee Yadira Espinoza and explained purpose of visit. Licensee had six children in care (two infants and one preschool child and her three minor children). A seventh child arrived shortly after LPA's arrival.

During the course of the investigation, interviews were conducted and pertinent documents were reviewed. Per interview with Licensee, daycare is part of a food program. Per photos received, children appeared to be eating adequate lunch and snacks. Per sign-in/out sheets received, Licensee was within ratio with a helper hired.

Although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore, the allegations are closed as UNSUBSTANTIATED.

This report was explained and discussed with Licensee Yadira Espinoza. A copy of this report was provided.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Alma Malig	TELEPHONE: (650) 266-8800
LICENSING EVALUATOR NAME: Marie Rodriguez	TELEPHONE: (650) 266-8800
LICENSING EVALUATOR SIGNATURE:	DATE: 08/12/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/12/2021

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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