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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 013423711
Report Date: 11/01/2023
Date Signed: 11/01/2023 03:13:18 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND CC RO, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/26/2023 and conducted by Evaluator Ashley Akinleye
PUBLIC
COMPLAINT CONTROL NUMBER: 02-CC-20231026161055
FACILITY NAME:SORTO, PATRICIAFACILITY NUMBER:
013423711
ADMINISTRATOR:FACILITY TYPE:
810
ADDRESS:TELEPHONE:
CITY:STATE: ZIP CODE:
CAPACITY:8CENSUS: 9DATE:
11/01/2023
UNANNOUNCEDTIME BEGAN:
09:20 AM
MET WITH:Patricia SortoTIME COMPLETED:
04:00 PM
ALLEGATION(S):
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LICENSE-Facility operating over capacity
INVESTIGATION FINDINGS:
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On 11/01/2023 at 9:20am Licensing Program Analyst (LPA) Ashley Akinleye and Licensing Program Manager (LPM) Loretta Dyson conducted an Unannounced Complaint Investigation regarding the above allegation. LPA met with Patrica Sorto and explained purpose of investigation. There were 11 infants and 3 additional adults also present. Finding for the above allegation was delivered during the inspection.

Complainant alleges that the facility is operating over capacity.

During the course of the investigation, LPA inspected the facility, reviewed records and conducted interviews.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Loretta Dyson
LICENSING EVALUATOR NAME: Ashley Akinleye
LICENSING EVALUATOR SIGNATURE:

DATE: 11/01/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/01/2023
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
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND CC RO, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/26/2023 and conducted by Evaluator Ashley Akinleye
PUBLIC
COMPLAINT CONTROL NUMBER: 02-CC-20231026161055

FACILITY NAME:SORTO, PATRICIAFACILITY NUMBER:
013423711
ADMINISTRATOR:SORTO, PATRICIAFACILITY TYPE:
810
ADDRESS:2820 MABEL ST.TELEPHONE:
(415) 533-2209
CITY:BERKELEYSTATE: CAZIP CODE:
94702
CAPACITY:8CENSUS: 9DATE:
11/01/2023
UNANNOUNCEDTIME BEGAN:
09:20 AM
MET WITH:Patricia SortoTIME COMPLETED:
04:00 PM
ALLEGATION(S):
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7
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9
RATIO-Facility is operating out of ratio
INVESTIGATION FINDINGS:
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On 11/01/2023 at 9:20am Licensing Program Analyst (LPA) Ashley Akinleye and Licensing Program Manager (LPM) Loretta Dyson conducted an Unannounced Complaint Investigation regarding the above allegation. LPA met with Patrica Sorto and explained purpose of investigation. There were 11 infants and 3 additional adults also present. Finding for the above allegation was delivered during the inspection.

Complainant alleges that the facility is operating out of ratio.

During the course of the investigation, LPA inspected the facility, reviewed records and conducted interviews.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Loretta Dyson
LICENSING EVALUATOR NAME: Ashley Akinleye
LICENSING EVALUATOR SIGNATURE:

DATE: 11/01/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/01/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 02-CC-20231026161055
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND CC RO, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: SORTO, PATRICIA
FACILITY NUMBER: 013423711
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/01/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
11/02/2023
Section Cited
CCR
102416.5(b)(2)
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(b) For a Small Family Child Care Home, the maximum number of children for whom care may be provided at any one time, including children under age 10 who reside at the licensee's home, shall be one of the following:

(1) Four infants; or
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The licensee contacted 7 parents to pick up children during the inspection. The licensee will review the regulation regarding ratio and submit a statement with a plan for how she will maintain compliance, by 11/2/23.
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This requirement has not been met as evidenced by observations and interviews. 11 infants were observed in care during the inspection. This poses an immediate risk to the health and safety of children in care.
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Failure to correct will result in a $100 per day civi penalty until corrected. Repeat violations are $250 per violation and $100 per day until corrected.
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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.
SUPERVISORS NAME: Loretta Dyson
LICENSING EVALUATOR NAME: Ashley Akinleye
LICENSING EVALUATOR SIGNATURE:

DATE: 11/01/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/01/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 02-CC-20231026161055
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND CC RO, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612
FACILITY NAME: SORTO, PATRICIA
FACILITY NUMBER: 013423711
VISIT DATE: 11/01/2023
NARRATIVE
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Based on the evidence obtained, it was determined that the facility is operating out of ratio.

Based on the interviews and information obtained throughout the investigation, the preponderance of evidence standard has been met. Therefore, the allegation is SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Section 102416.5 is being cited on 9099-D page.

A Type A deficiency was cited during this inspection. Licensee must provide a copy of this report to all parents of children currently enrolled, and the parents of newly enrolled children in the next 12 months. In addition, form LIC 9224 (Acknowledgment of Receipt of Licensing Reports) must be signed by each parent and placed in each child's file. A copy of the LIC 9224 and AB 633 fact sheet were provided to the Licensee during the inspection.

Exit interview was conducted with Patricia Sorto. Appeal rights were provided.

A NOTICE OF SITE VISIT WAS ISSUED AND MUST BE POSTED FOR 30 CONSECUTIVE DAYS.
SUPERVISORS NAME: Loretta Dyson
LICENSING EVALUATOR NAME: Ashley Akinleye
LICENSING EVALUATOR SIGNATURE:

DATE: 11/01/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/01/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 7
Control Number 02-CC-20231026161055
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND CC RO, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: SORTO, PATRICIA
FACILITY NUMBER: 013423711
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/01/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
11/02/2023
Section Cited
CCR
102416.5(a)
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(a) The capacity specified on the license shall be the maximum number of children for whom care may be provided at any one time.
This requirement has not been met as evidenced by observations and
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The licensee contacted 7 parents to pick up children during the inspection. The licensee will review the regulation regarding capacity and submit a statement with a plan for how she will maintain compliance, by 11/2/23.
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interviews. The facility had 11 infants in care today. This poses an immediate risk to the health and safety of children in care.
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Failure to correct will result in a $100 per day civi penalty until corrected. Repeat violations are $250 per violation and $100 per day until corrected.
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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.
SUPERVISORS NAME: Loretta Dyson
LICENSING EVALUATOR NAME: Ashley Akinleye
LICENSING EVALUATOR SIGNATURE:

DATE: 11/01/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/01/2023
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 02-CC-20231026161055
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND CC RO, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612
FACILITY NAME: SORTO, PATRICIA
FACILITY NUMBER: 013423711
VISIT DATE: 11/01/2023
NARRATIVE
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Based on the evidence obtained, it was determined that the facility is operating over capacity.
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Based on the interviews and information obtained throughout the investigation, the preponderance of evidence standard has been met. Therefore, the allegation is SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, section 102416.5(a) is being cited on 9099-D page.

A Type A deficiency was cited during this inspection. Licensee must provide a copy of this report to all parents of children currently enrolled, and the parents of newly enrolled children in the next 12 months. In addition, form LIC 9224 (Acknowledgment of Receipt of Licensing Reports) must be signed by each parent and placed in each child's file. A copy of the LIC 9224 and AB 633 fact sheet were provided to the Licensee during the inspection.

Exit interview was conducted with Patricia Sorto. Appeal rights were provided.

A NOTICE OF SITE VISIT WAS ISSUED AND MUST BE POSTED FOR 30 CONSECUTIVE DAYS.
SUPERVISORS NAME: Loretta Dyson
LICENSING EVALUATOR NAME: Ashley Akinleye
LICENSING EVALUATOR SIGNATURE:

DATE: 11/01/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/01/2023
LIC9099 (FAS) - (06/04)
Page: 7 of 7