426212486-6-1-2021-17-CC-ATOO-C3LNU7-20210602104551

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 426212486
Report Date: 06/01/2021
Date Signed: 06/01/2021 06:36:01 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117

This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/04/2021 and conducted by Evaluator Sylvia Mendoza-Ceja

PUBLIC

COMPLAINT CONTROL NUMBER: 17-CC-20210304120210

FACILITY NAME:	AGUIRRE FCC AKA MARIA'S DAY CARE		FACILITY NUMBER:	426212486
ADMINISTRATOR:	MARIA AGUIRRE		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(805) 735-8489
CITY:	LOMPOC	STATE: CA	ZIP CODE:	93436
CAPACITY:	14	CENSUS: 2	DATE:	06/01/2021
		UNANNOUNCED	TIME BEGAN:	01:30 PM
MET WITH:	Maria Aguirre		TIME COMPLETED:	02:10 PM

ALLEGATION(S):

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Personal Rights: A day care child was inappropriately handled and spoken to.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) S. Mendoza-Ceja conducted an unannounced tele-inspection due to COVID - 19 State of Emergency. Licensee Aguirre was advised due to COVID-19 and Department of Public Health (DPH) guidelines of social distancing, a tele-inspection will occur. LPA advised license the nature of the tele-inspection was to conclude the complaint investigation which was initiated on 03/11/2021. The investigation included obtaining the child care roster and emergency contact information for some of the children, interviewing complainant, Licensee, assistant(adult #6) including the parents of children in care, in addition two day care children.

Licensee Maria Aguirre stated she did not observe her assistant (adult #6) inappropriately handle or speak inappropriately to child #1.

Interview with the assistant (adult #6) stated she recalled the incident when child #1 was dancing and thought he was not paying attention to his class until she was informed the children were supposed to dance. The assistant stated, "I only patted child #1 on the back and apologized to child #1, including the teacher".

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Ana Tolentino	TELEPHONE: (805) 562-0437
LICENSING EVALUATOR NAME: Sylvia Mendoza-Ceja	TELEPHONE: (805) 722-5132
LICENSING EVALUATOR SIGNATURE:	DATE: 06/01/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/01/2021

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 17-CC-20210304120210

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117

FACILITY NAME: AGUIRRE FCC AKA MARIA'S DAY CARE	FACILITY NUMBER: 426212486
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 06/01/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 06/01/2021 Section Cited CCR 102323(a)(1)(4)	1 2 3 4 5 6 7	Personal Rights: Each child receiving services from a FCCH shall have certain rights that shall not be waived or abridged These rights include, but are not limited to, the following: To be treated with dignity in his/her personal relationship with staff and other persons. 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/ toileting; or withholding shelter, clothing, medication or aids to physical functioning.	1 2 3 4 5 6 7	Correct Immediately. A plan of correction was discussed with Licensee. Licensee shall the violation is not repeated. The assistant (adult #6)shall attend training related to positive solutions for challening behaviors in children, guidance and discipline for young children, and supervision. Licensee may contact the local Resoure Referral Agency at
	8 9 10 11 12 13 14	Based on observation and interviews conducted the Licensee failed to protect child #1 when the assistant (adult #6) was observed to inappropriately handle and speak to child #1 in an inappropriate manner during a zoom class. This poses an immediate Health, Safety, or Personal Rights risk to children in care.	8 9 10 11 12 13 14	(805) 925-7071 or may attend courses with Smart Horizons at smarthorizons.org/childcare. Please submit a written plan of correction to ensure this type of violation is not repeated to Licensing by 06/07/2021 along with scheduled dates of training. Submit certificate upon completion of coursework.
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	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: Ana Tolentino	TELEPHONE: (805) 562-0437
LICENSING EVALUATOR NAME: Sylvia Mendoza-Ceja	TELEPHONE: (805) 722-5132
LICENSING EVALUATOR SIGNATURE:	DATE: 06/01/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/01/2021

LIC9099 (FAS) - (06/04)

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Control Number 17-CC-20210304120210

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117

FACILITY NAME: AGUIRRE FCC AKA MARIA'S DAY CARE	FACILITY NUMBER: 426212486
	VISIT DATE: 06/01/2021

NARRATIVE

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Witnesses were Interviewed and it was stated the Assistant (adult #6) was observed to inappropriately handle and speak to child #1 during a zoom session.

Interviews with parents of children in care revealed it has been observed Assistant (adult #6) spoke in an inappropriate manner to a child. Two day care children were also interviewed.

According to CCR, Title 22, Division 12, the following Type A deficiencies are cited in regards to Personal Rights. Appeal Rights were reviewed.

Licensee shall post and provide copies of the licensing report to parent/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. Licensee has been provided a copy of LIC 9058 Applicant/Licensee Appeal Rights and a copy of LIC 9224 Acknowledgement of Receipt of Licensing Reports.

LPA M. Jimenez reviewed the report in Spanish with Licensee.

LPA observed the "Notice of Site Visit" posted

SUPERVISOR'S NAME: Ana Tolentino	TELEPHONE: (805) 562-0437
LICENSING EVALUATOR NAME: Sylvia Mendoza-Ceja	TELEPHONE: (805) 722-5132
LICENSING EVALUATOR SIGNATURE:	DATE: 06/01/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/01/2021

LIC9099 (FAS) - (06/04)

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