198007594-1-18-2024-33-CC-CGUA-D29P3W-20240208095811

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198007594
Report Date: 01/18/2024
Date Signed: 01/18/2024 03:17:10 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/11/2023 and conducted by Evaluator Nolan Tcheng

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20231211154244

FACILITY NAME:	ESQUIVEL FAMILY CHILD CARE		FACILITY NUMBER:	198007594
ADMINISTRATOR:	ESQUIVEL, MARIA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(626) 807-3037
CITY:	PASADENA	STATE: CA	ZIP CODE:	91104
CAPACITY:	14	CENSUS: 10	DATE:	01/18/2024
		UNANNOUNCED	TIME BEGAN:	02:15 PM
MET WITH:	Maria Esquivel - Licensee		TIME COMPLETED:	03:45 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Lack of supervision resulting in daycare child cutting another child's hair.
Daycare child had access to scissors.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Licensing Program Analysts (LPAs) Nolan Tcheng and Suzana Safaryan conducted a subsequent inspection of a complaint investigation, for the purpose of delivering complaint findings. Upon arrival at 2:15pm, LPAs met with Licensee Maria Esquivel, to whom the purpose of the inspection was explained. There were children present during the inspection.

Census was taken. There were 10 children with 3 staff members.

During the course of the investigation, interviews were conducted with two staff, one child, and one adult. Documentation in the form of pictures and screenshots were obtained.

Information from the complainant indicates that lack of supervision resulted in a child cutting another child’s hair while in care, without staff knowledge. Complainant reported that daycare child had access to scissors, which were used to cut the child’s hair. REPORT CONTINUES PAGE 1 of 2

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Claudia Guangorena	TELEPHONE: (323) -98-3391
LICENSING EVALUATOR NAME: Nolan Tcheng	TELEPHONE: (323) 240-6201
LICENSING EVALUATOR SIGNATURE:	DATE: 01/18/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/18/2024

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 33-CC-20231211154244

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: ESQUIVEL FAMILY CHILD CARE	FACILITY NUMBER: 198007594
	VISIT DATE: 01/18/2024

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

Interview with staff confirmed that a Child #2’s (CS) hair was cut at the facility. Staff #1 (S1) explained, “[Child #1(C1)] got a hold of the scissors that I use for my 4 year olds…I forgot to take them out and put them up high.” S1 stated that Staff #2 (S2) was assisting another child to keep them safe when C1 cut the other child’s hair. S2 corroborated this description. S1 stated “it was my fault…I was at the post office so I wasn’t here.” When asked if anyone saw the incident, S1 stated no. During S2 interview, they stated that they were by themselves outside with the children. S2 corroborated that they did not see C1 cut C2’s hair. S2 went on to state, “I noticed when we came inside. I didn’t notice outside…I noticed when I saw a little bit of hair on the ground.” When asked if children have access to the scissors, S2 explained “No, well, actually we give them the scissors for their age.”

LPA observed the scissors that were used for cutting a C2’s hair. Screenshots of text message conversations regarding the cut hair, between parent and S1, were reviewed.

The above information indicates there was a lack of supervision at the facility that resulted in the cutting of a child’s hair by another child, without any staff observation. This is a violation of personal rights due to the scissors provided to children, not being properly supervised during use.

Based on LPAs observations and interviews which were conducted, and record review, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 Chapter 1 102423(a)(2) Personal Rights and 102417(a) Operation of a Family Child Care Home), are being cited on the attached deficiencies page.

Upon receipt of this report, the Licensee shall post the Notice of Site visit and any licensing report documenting a type “A” deficiency. The report and the Notice of Site visit shall be posted for 30 consecutive days. Failure to maintain posting as required, will result in an immediate $100 civil penalty. A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled children for the next 12 months (1 year). The Acknowledgement form must be maintained in each child’s file immediately upon receipt from parent. Licensee was provided with a copy of the parent Acknowledgement of Receipt of Licensing Reports Form during this visit. A copy of the Parent Notification Requirements was also provided to the licensee.

A notice of site visit was given and must remain posted for 30 days.

Exit interview conducted and report was reviewed with Licensee Maria Esquivel at 3:30pm. Copy of Report provided. END OF REPORT PAGE 2 of 2

SUPERVISOR'S NAME: Claudia Guangorena	TELEPHONE: (323) -98-3391
LICENSING EVALUATOR NAME: Nolan Tcheng	TELEPHONE: (323) 240-6201
LICENSING EVALUATOR SIGNATURE:	DATE: 01/18/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/18/2024

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 33-CC-20231211154244

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: ESQUIVEL FAMILY CHILD CARE	FACILITY NUMBER: 198007594
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/18/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 01/19/2024 Section Cited CCR 102423(a)(2)	1 2 3 4 5 6 7	Personal Rights (2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Per Licensee, they will ensure that scissors are not used without the supervision of staff at the facility. LPA is instructing licensee and staff to watch the "Children's Personal Rights in Child Care" video on www.ccld.childcarevideos.org. Staff will write summaries of the video watched.
	8 9 10 11 12 13 14	Based on interview and record review, Licensee did not ensure that Child #2's personal rights were protected, as Child #1 was allowed to cut child's hair with scissors without staff knowledge. This was an immediate risk to the personal rights of children in care	8 9 10 11 12 13 14	LPA obtained written declarations from all staff declaring they will make sure that visual and physical supervision are conducted when equipment that could be dangerous to children in care is being used.
Type A 01/19/2024 Section Cited CCR 102417(a)	1 2 3 4 5 6 7	Operation of a Family Child Care Home (a) The licensee shall be present in the home and shall ensure that children in care are supervised at all times. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Per Licensee, they will discuss supervision placement and responsibility while with the children. LPA is instructing licensee and staff to watch the "Supervising Children in Family child Care" video on www.ccld.childcarevideos.org. Staff will write summaries of meeting and video.
	8 9 10 11 12 13 14	Based on interview and record review, Licensee did not ensure that children were under visual supervision at all times, resulting in a child's hair being cut without notice. This was an immediate risk to the health, safety, and personal rights of children in care.	8 9 10 11 12 13 14	LPA obtained written declarations from all staffdeclaring they will ensure that visual and physical supervision is provided at all times while children are in care.

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: Claudia Guangorena	TELEPHONE: (323) -98-3391
LICENSING EVALUATOR NAME: Nolan Tcheng	TELEPHONE: (323) 240-6201
LICENSING EVALUATOR SIGNATURE:	DATE: 01/18/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/18/2024

LIC9099 (FAS) - (06/04)

Page: 3 of 3