434413164-1-24-2023-07-CC-MSEA-CNEKT7-20230125071037

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 434413164
Report Date: 01/24/2023
Date Signed: 01/24/2023 11:53:42 AM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/31/2022 and conducted by Evaluator Deanna Villagrana

PUBLIC

COMPLAINT CONTROL NUMBER: 07-CC-20220831153202

FACILITY NAME:	ARTEAGA, MARIA		FACILITY NUMBER:	434413164
ADMINISTRATOR:	ARTEAGA, MARIA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(408) 337-1733
CITY:	GILROY	STATE: CA	ZIP CODE:	95020
CAPACITY:	14	CENSUS: 8	DATE:	01/24/2023
		UNANNOUNCED	TIME BEGAN:	11:15 AM
MET WITH:	Maria Arteaga		TIME COMPLETED:	12:15 PM

ALLEGATION(S):

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Adult in the home inappropriately touched daycare child

INVESTIGATION FINDINGS:

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On January 24, 2023, Licensing Program Analyst (LPA) Deanna Villagrana and Regional Manager (RM) Tony Studebaker conducted an unannounced complaint inspection to deliver complaint findings. Present were Licensee, licensee's daughters Montserrat Morales Arteaga and Marilyn Morales with seven day care children including licensee's two granddchildren. Another grandson arrived an hour later.

Based on observations, record review(s), and interviews which were conducted by this agency, the preponderance of evidence standard has been met that an adult in the home inappropriately touched a daycare child, therefore the above allegation is found to be SUBSTANTIATED. Type A deficiency is being cited today. LPA Villagrana informed licensee, Maria Arteaga, that this report dated 01/24/2023 documents one type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of the children in care. In addition, LPA Villagrana informed the licensee, Maria Arteaga, to provide a copy of this licensing report dated 01/24/2023 that documents a Type A citation to parents/guardians of all

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Mary Segura	TELEPHONE: (408) 324-2152
LICENSING EVALUATOR NAME: Deanna Villagrana	TELEPHONE: (408) 335-9890
LICENSING EVALUATOR SIGNATURE:	DATE: 01/24/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2023

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 07-CC-20220831153202

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: ARTEAGA, MARIA	FACILITY NUMBER: 434413164
	VISIT DATE: 01/24/2023

NARRATIVE

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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.

Exit interview conducted and report was reviewed with licensee, Maria Arteaga. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty.

SUPERVISOR'S NAME: Mary Segura	TELEPHONE: (408) 324-2152
LICENSING EVALUATOR NAME: Deanna Villagrana	TELEPHONE: (408) 335-9890
LICENSING EVALUATOR SIGNATURE:	DATE: 01/24/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2023

LIC9099 (FAS) - (06/04)

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Control Number 07-CC-20220831153202

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: ARTEAGA, MARIA	FACILITY NUMBER: 434413164
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/24/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 01/25/2023 Section Cited CCR 102423(a)(4)	1 2 3 4 5 6 7	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, including, but not limited to: interference with eating, sleeping or toileting; or withholding shelter, clothing, medication or aids to	1 2 3 4 5 6 7	Licensee shall provide adequate supervision to all children in care and ensure that their personal rights are not violated. Temporary Suspension Order (TSO) is served effective at close of business January 24, 2023.
	8 9 10 11 12 13 14	physical functioning. This requirement was not met as evidence by: based on observations, record review(s), and interviews which were conducted by this agency the Department has found that Ruben Morales Villegas inappropriately touched a day care child at the facility which poses an immediate risk to the health, safety, and personal rights of the children in care.	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: Mary Segura	TELEPHONE: (408) 324-2152
LICENSING EVALUATOR NAME: Deanna Villagrana	TELEPHONE: (408) 335-9890
LICENSING EVALUATOR SIGNATURE:	DATE: 01/24/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/24/2023

LIC9099 (FAS) - (06/04)

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