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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 483009971
Report Date: 06/10/2021
Date Signed: 06/14/2021 12:43:37 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office,
, CA
This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/03/2021 and conducted by Evaluator Melchisedeck Augustin
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20210303102356
FACILITY NAME:CASTON, MAXINE FCCHFACILITY NUMBER:
483009971
ADMINISTRATOR:CASTON, MAXINEFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(707) 557-4375
CITY:VALLEJOSTATE: CAZIP CODE:
94589
CAPACITY:14CENSUS: 6DATE:
06/10/2021
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Maxine CastonTIME COMPLETED:
01:35 PM
ALLEGATION(S):
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Licensee yelled in the presence of day care children
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Melchisedeck Augustin conducted a subsequent complaint investigation tele-inspection to deliver the finding regarding the above allegation. LPA met with Licensee, Maxine Caston (LS) who agreed to meet via video conference due to the COVID-19 pandemic. LPA Augustin previously met with LS on 03/08/2021 to discuss the purpose of the inspection, to initiate the investigation, and obtain facility records. It was alleged that the Licensee yelled in the presence of day care children.

LS denied the allegation, claiming she did not yell or use any inappropriate language in the presence of any day care child(ren), and LS felt that she was being falsely accused of the allegation.

Through the course of the investigation starting from 03/04/21 through 05/19/21, LPA interviewed LS, seven parents (P1-P7), four children, and two staff (S1 & S2). Some children were not available to be interviewed. Statements provided by P3, P4 & P6 reported they previously witnessed and heard LS yell or scream at a child(ren) while in the presence of other day care children. (Continue to LIC 9099-C)
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 06/10/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/10/2021
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-20210303102356
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office,
, CA
FACILITY NAME: CASTON, MAXINE FCCH
FACILITY NUMBER: 483009971
VISIT DATE: 06/10/2021
NARRATIVE
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P6 described LS’s verbal tone as aggressive and that LS snapped at the children a lot. Several other statements further reported they had witnessed LS was upset and yelled or screamed at children because the children were not behaving.

Based on the investigation, there is enough preponderance of evidence to support the allegation that LS yelled in the presence of day care children. Therefore, the allegation is substantiated. California Code of Regulations, Title 22, Division 12, Chapter 1 is being cited on the attached LIC 9099D. This report was discussed and reviewed with LS and an Exit interview was conducted with LS. LS’s signature was not recorded on this Complaint Investigation Report (CIR), however; LS was provided with a copy of this CIR, and LS’s confirmation of read receipt is on file. Notice of Site Visit shall be posted. Appeal Rights were provided.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 06/10/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/10/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 01-CC-20210303102356
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office,
, CA

FACILITY NAME: CASTON, MAXINE FCCH
FACILITY NUMBER: 483009971
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/10/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
06/20/2021
Section Cited
CCR
102423(a)(4)
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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.
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Licensee said she intended to review the Department's available video footage on personal rights, and the Licensee will produce a summary of the video, as well as producing a detailed plan on how she will address and comply with regulation 102423(a)(4).
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This requirement is not met as evidenced by: Based on evidence and statements corroborating that the Licensee yelled in the presence of day care children. This poses a potential health, safety, and personal rights risk to children in care.
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Email: melchisedeck.augustin@dss.ca.gov
RPRO email: cclrpregionalofficegeneral@dss.ca.gov
Fax: 707-588-5099
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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: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 06/10/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/10/2021
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,
, CA
This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/03/2021 and conducted by Evaluator Melchisedeck Augustin
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20210303102356

FACILITY NAME:CASTON, MAXINE FCCHFACILITY NUMBER:
483009971
ADMINISTRATOR:CASTON, MAXINEFACILITY TYPE:
810
ADDRESS:104O VALLE VISTA AVENUETELEPHONE:
(707) 557-4375
CITY:VALLEJOSTATE: CAZIP CODE:
94589
CAPACITY:14CENSUS: 6DATE:
06/10/2021
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Maxine CastonTIME COMPLETED:
01:35 PM
ALLEGATION(S):
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Day care child sustains bruises while in care
Licensee handled day care children in a rough manner
Licensee did not meet day care children's dietary needs
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Melchisedeck Augustin conducted a subsequent complaint investigation tele-inspection to deliver the finding regarding the above allegations. LPA met with Licensee, Maxine Caston (LS) who agreed to meet via video conference due to the COVID-19 pandemic. LPA Augustin previously met with LS on 03/08/2021 to discuss the purpose of the inspection, to initiate the investigation, and obtain facility records. It was alleged that a day care child (C3) sustained bruises while in care, Licensee handled day care children in a rough manner, and Licensee did not meet the day care children’s dietary needs. The report specifically alleged that there were visible bruises on C3’s chin and LS used her left arm to grab C3 by the arm, as well as pushed two children (C1 & C2) out of the facility’s front entrance. The report also alleged LS did not feed multiple children in a seven-hour period.

LS denied the allegations, claiming that no child(ren) had sustained any injuries at the facility, that she did not push, shove or put her hands on any child(ren), and that the children walked out on their own before, LS closed the door. (Continue to LIC 9099-C)
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 06/10/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/10/2021
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-20210303102356
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office,
, CA
FACILITY NAME: CASTON, MAXINE FCCH
FACILITY NUMBER: 483009971
VISIT DATE: 06/10/2021
NARRATIVE
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LS further claimed she provided a daily lunch and supplied a variety of snacks for the children to retrieve on their own if they felt hungry, as well as plastic cups for the children to obtain drinking water if they were thirsty. LS felt that she was being falsely accused of the allegations. Statements provided by staff denied the allegations, and staff claimed they had not seen any incident(s) that led to any child(ren) sustaining an injury, they had not seen LS pushed, shoved or grab any child’s arm; and staff treated the children and parents with respect. The staff statements further claimed that staff served and fed the children a daily breakfast, snacks and lunch, and no children had ever been denied food, and child(ren) could grab a snack at the facility hallway without asking an adult.

Through the course of the investigation starting from 03/04/21 through 05/19/21, LPA interviewed LS, seven parents, four children, and two staff. Some children were not available to be interviewed. Statements provided by multiple parents and two staff did not report any corroborating evidence where they witnessed unexplained bruising on their child(ren) or LS handled any child in a rough manner, and/or concerns of LS not meeting the children’s dietary needs. While some parents’ statements did not report any concerns of personal rights violation(s) at the facility, two parents’ statements did report concerns of LS handling child(ren) in a rough manner, however; specific details could not be provided. One statement further expressed concerns and claimed that LS allegedly hit a child with a shoe and the child was always hungry because LS was not feeding the child lunch, but the details of those claims were not corroborated.

Based on the investigation, there’s not a preponderance of evidence to support the allegations that C3 sustained a bruise at the facility, LS handled any child in a rough manner and/or that LS did not feed several children for seven hours. Therefore, the allegations are unsubstantiated. This report was discussed and reviewed with LS and an Exit interview was conducted with LS. LS’s signature was not recorded on this Complaint Investigation Report (CIR), however; LS was provided with a copy of this CIR, and LS’s confirmation of read receipt is on file. Notice of Site Visit shall be posted for 30 days. There were no title 22 deficiencies cited during this visit. Appeal Rights were provided.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 06/10/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/10/2021
LIC9099 (FAS) - (06/04)
Page: 5 of 7