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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 483005218
Report Date: 09/07/2022
Date Signed: 11/08/2022 12:10:17 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/08/2022 and conducted by Evaluator Elpidia Hernandez Torres
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20220608093605
FACILITY NAME:GARY, MARIE FAMILY CHILD CARE HOMEFACILITY NUMBER:
483005218
ADMINISTRATOR:GARY, MARIEFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(707) 208-1381
CITY:SUISUNSTATE: CAZIP CODE:
94585
CAPACITY:14CENSUS: 6DATE:
09/07/2022
UNANNOUNCEDTIME BEGAN:
01:55 PM
MET WITH:Licensee Marie GaryTIME COMPLETED:
03:15 PM
ALLEGATION(S):
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Licensee handled day care child roughly
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Elpidia Hernandez Torres, conducted a subsequent complaint investigation inspection on 09/07/2022 at 02:00PM for the purpose of delivering the findings regarding the above allegation. LPA previously met with Licensee on 06/13/2022 to discuss the purpose of the visit and request personnel records and children roster. It was alleged that licensee handled day care child roughly.

During the course of the investigation, interviews were conducted with Licensee, staff, children and Guardians between 06/13/2022 and 09/01/2022. On 06/13/2022 Licensee denied allegations and stated she does not put her hands on the children but does ‘pop’ them on the butt to play. Licensee also stated she ‘beats’ them up by tickling them. Licensee stated she disciplines children by placing them in time out when they are being disobedient and not listening.

continued on 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 09/07/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2022
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 3
Control Number 01-CC-20220608093605
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
FACILITY NAME: GARY, MARIE FAMILY CHILD CARE HOME
FACILITY NUMBER: 483005218
VISIT DATE: 09/07/2022
NARRATIVE
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Interviews indicated that licensee places children on time out as form of discipline, when a child is not listening. According to A1’s statement, if a child was not willing to go to time out or the child was throwing a tantrum, licensee will guide the daycare child by grabbing the child’s hand or forearm and walking them to time out. Children interviews further corroborated that children are placed on time out by sitting on their knees with their hands on their lap while looking forward or looking down at their knees and licensee will ‘tap’ or ‘smack’ the bottom the children’s feet. One child also demonstrated how the Licensee slapped the child’s forearm before sitting down on time out.

Based on evidence received and interviews conducted the preponderance of evidence standard has been met and the above allegation is found to be substantiated. The California Code of Regulations, Title 22, Division 12 & Chapter 1, section 102423(a)(4) is being cited on attached LIC 9099D . This report was reviewed with the Licensee and an exit interview was conducted. Notice of Site Visit shall be posted for 30 days. Appeal Rights were provided.

Type A violations are to be provided to parents/guardians of children currently in enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC9224 to be kept in each child's file.

SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 09/07/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 01-CC-20220608093605
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: GARY, MARIE FAMILY CHILD CARE HOME
FACILITY NUMBER: 483005218
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/07/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
09/07/2022
Section Cited
CCR
102423(a)(4)
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Personal Rights: 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…

This was not met as evidence by...
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Licensee agreed to write out and document her discipline policy in detail with examples of " gentle touch" which is the practice she uses with children who have a chemical inbalance or those children who are having tantrums. Licensee agreed to document examples of tantrums and behavioral issues and how she responds to them.
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Based on interviews and evidence obtained, licensee disciplines children by placing them on time out and grabbing their forearm and smacking the bottom of their feet. This poses an immediate health and safety risk to children in care.
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Licensee agreed to submit POC via mail, email, or fax to LPA Elpidia Hernandez Torres at:
Fax: 707-588-5099
mail; 1450 Neotomas Ave Suite 100, Santa Rosa CA 95405
Email: elpidia.hernandez-torres@dss.ca.gov
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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: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 09/07/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 3