483009446-6-25-2021-01-CC-LLEI-C4G2YU-20210629174915

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 483009446
Report Date: 06/25/2021
Date Signed: 06/25/2021 03:35:45 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928

This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/25/2021 and conducted by Evaluator Elpidia Hernandez Torres

PUBLIC

COMPLAINT CONTROL NUMBER: 01-CC-20210325161732

FACILITY NAME:	WINN, MARIA FCCH		FACILITY NUMBER:	483009446
ADMINISTRATOR:	WINN, MARIA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(707) 396-8044
CITY:	FAIRFIELD	STATE: CA	ZIP CODE:	94533
CAPACITY:	14	CENSUS: 10	DATE:	06/25/2021
		UNANNOUNCED	TIME BEGAN:	02:19 PM
MET WITH:	Maria Winn, Licensee		TIME COMPLETED:	03:30 PM

ALLEGATION(S):

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Licensee did not allow child to use the bathroom

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA), Elpidia Hernandez Torres, conducted a subsequent complaint investigation inspection on 06/25/2021 at 02:19PM for the purpose of delivering the findings regarding the above allegation. LPA met with Licensee, Maria Winn, via a tele-inspection due to the COVID-19 pandemic. LPA previously met with Licensee on 03/29/2021 to discuss the purpose of the visit and request children roster, staff contact information, copy of sick policy, and a month’s worth of children temperature log. It was alleged that the children are not allowed to use the bathroom, specifically that provider refused to allow child to use the bathroom during nap time.

During the course of the investigation, interviews were conducted with staff, adults, and children on 03/29/21, 06/01/2021, 6/03/21, 06/16/21, and 06/21/2021. According to interviews, children have to pass through a child safety gate to get to the bathroom which requires children to ask for help to get the gate open to go to the bathroom. Staff confirmed children cannot open the safety gate to get to the bathroom on their own during napping so staff have to open the gate for them. According to two children, on multiple occasions, the children got up during nap time to use the bathroom but got in trouble and were told to lay back down.

Continued on 9099-C

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres	TELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:	DATE: 06/25/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/25/2021

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 7

Control Number 01-CC-20210325161732

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928

FACILITY NAME: WINN, MARIA FCCH	FACILITY NUMBER: 483009446
	VISIT DATE: 06/25/2021

NARRATIVE

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Based on the interviews and staff confirmation that children need an adult to open a child safety gate before reaching the bathroom, 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 the attached LIC 9099D . This report was reviewed with the Licensee and an exit interview was conducted. Licensee’s signature was not recorded on this Complaint Investigation Report (CIR), however; a copy was provided and Licensee’s confirmation of read receipt is on file. Notice of Site Visit shall be posted for 30 days. Appeal Rights were provided.

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres	TELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:	DATE: 06/25/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/25/2021

LIC9099 (FAS) - (06/04)

Page: 2 of 7

Control Number 01-CC-20210325161732

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928

FACILITY NAME: WINN, MARIA FCCH	FACILITY NUMBER: 483009446
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 06/25/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 07/02/2021 Section Cited CCR 10523(a)(4)	1 2 3 4 5 6 7	Each child receiving services from a family child care home shall have certain rights. . . These rights include but are not limited to. . . be free from. . . other actions of a punitive nature. . . included but not limited to. . .toileting. This requirement is not met as evidence by. . .	1 2 3 4 5 6 7	Licensee stated she will leave the gate open to allow children open accese to the restroom. Licensee stated the gate next to the kitchen is usually open, and children can pass through it on there own to use the restroom. Licensee stated she will leave the gate closes to the bathroom open and leave the gate next to the kitchen closed. Licensee requested LPA take note while touring the home during naptime the gate near the kitchen was open and a child did freely enter through the gate to speak to licensee.
	8 9 10 11 12 13 14	Based on interviews, children did not have free access to the restroom during naptime requiring an adult to open the gate for child to get to the bathroom. This poses a potential health, safety or personal rights risk to children in care.	8 9 10 11 12 13 14	Licensee has agreed to submit proof of correction by use of self certification by 07/02/21.
	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: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres	TELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:	DATE: 06/25/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/25/2021

LIC9099 (FAS) - (06/04)

Page: 3 of 7

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928

This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/25/2021 and conducted by Evaluator Elpidia Hernandez Torres

PUBLIC

COMPLAINT CONTROL NUMBER: 01-CC-20210325161732

FACILITY NAME:	WINN, MARIA FCCH		FACILITY NUMBER:	483009446
ADMINISTRATOR:	WINN, MARIA		FACILITY TYPE:	810
ADDRESS:	1018 LINDEN AVE		TELEPHONE:	(707) 396-8044
CITY:	FAIRFIELD	STATE: CA	ZIP CODE:	94533
CAPACITY:	14	CENSUS:	DATE:	06/25/2021
		UNANNOUNCED	TIME BEGAN:	02:19 PM
MET WITH:	Maria Winn, Licensee		TIME COMPLETED:	03:30 PM

ALLEGATION(S):

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Licensee yelled at child in care

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA), Elpidia Hernandez Torres, conducted a subsequent complaint investigation inspection on 06/25/202. for the purpose of delivering the findings regarding the above allegations. LPA met with Licensee, Maria Winn, via a tele-inspection due to the COVID-19 pandemic. LPA previously met with Licensee on 03/29/2021 to discuss the purpose of the visit and request children roster, staff contact information, copy of sick policy, and a month’s worth of children temperature log. It was alleged that the Licensee yelled at child in care, specifically that a child was yelled at and belittled when placed on time out.

During the course of the investigation, interviews were conducted with Licensee, staff, adults, and children on 03/29/21, 06/01/2021, 6/03/21, 06/16/21, and 06/21/2021. Interviews corroborated the discipline style of the daycare, stating if a child does something wrong, staff will speak with child, explain the action they did was wrong, why it was wrong, then send the child to the ‘thinking chair’. Parents and children interviewed stated they did not hear day care staff yell. Staff stated no one in the daycare yells, but staff can be loud in certain situations, to gain the child’s attention or give direction which can be perceived as yelling.
Continued on 9099-C

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres	TELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:	DATE: 06/25/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/25/2021

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 7

Control Number 01-CC-20210325161732

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928

FACILITY NAME: WINN, MARIA FCCH	FACILITY NUMBER: 483009446
	VISIT DATE: 06/25/2021

NARRATIVE

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Based on interviews conducted and records reviewed, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violation occurred, therefore the allegation is Unsubstantiated. Licensee’s signature was not recorded on this Complaint Investigation Report (CIR), however, this report was reviewed and discussed with licensee, She was provided with a copy of this CIR; and Appeal Rights, Director’s signature will be on file. All licensing reports are public information and must be made available upon request for at least three years.

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres	TELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:	DATE: 06/25/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/25/2021

LIC9099 (FAS) - (06/04)

Page: 5 of 7