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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 198014052
Report Date: 03/14/2024
Date Signed: 03/14/2024 05:09:14 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, 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
01/31/2024 and conducted by Evaluator Monique Jessica Ayala
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20240131104049
FACILITY NAME:ORTIZ FAMILY CHILD CAREFACILITY NUMBER:
198014052
ADMINISTRATOR:ORTIZ, ANAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(323) 728-8510
CITY:LOS ANGELESSTATE: CAZIP CODE:
90022
CAPACITY:14CENSUS: 9DATE:
03/14/2024
UNANNOUNCEDTIME BEGAN:
01:15 PM
MET WITH:Jose David Ortiz, AssistantTIME COMPLETED:
05:30 PM
ALLEGATION(S):
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Personal Rights: Conduct of the adults in the home poses a risk to children in care
License: Licensee does not live in the family childcare home
License: Licensee does not spend a sufficient amount of time in the childcare during daycare hours
Reporting Requirements: Licensee does not report unusual incidents as required
Criminal Record Clearance: Uncleared adults are providing care and supervision to children
INVESTIGATION FINDINGS:
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On March 14, 2024, Licensing Program Analysts (LPAs) Monique Ayala and Priscilla Ochoa conducted an unannounced complaint investigation for the above allegations. A COVID-19 risk assessment was conducted prior to entering the facility. LPA met with licensee's son Jose Oritz who guided LPAs on a tour of the facility. Licensee Ana Ortiz arrived shortly after. Per licensee she was picking up children from school. LPAs observe 9 children in care.

During the investigation LPA Ayala interviewed Child #1 (C1) to Child #4 (C4), Staff #1 (S1) to Staff #3 (S3), Parent #1 (P1) to Parent #3 (P3), LPA interviewed the Reporting Party (RP), LPA interviewed witness #1 (W1), LPAs Ayala and Valenzuela conducted observations of the licensed facility and licensee's residence. LPA Ayala obtained a copy of facility's current roster.

RP alleged, "Conduct of the adults in the home poses a risk to children in care" and "Uncleared adults are providing care and supervision to children ".
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Monique Jessica Ayala
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
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 8
Control Number 33-CC-20240131104049
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: ORTIZ FAMILY CHILD CARE
FACILITY NUMBER: 198014052
VISIT DATE: 03/14/2024
NARRATIVE
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 Per RP, the licensee's son who is not fingerprint cleared was present in the home with day care children and was arrested by Los Angeles County Sheriff Department. LPA interviewed C2-C4 who stated that they know licensee's uncleared adult son. Per C2 the uncleared adult son was in the home playing XBOX with other day care children. Per C4 stated that the licensee's uncleared adult son was observed in the licensee's car outside of the licensed facility. Per W1, the licensee’s uncleared adult son has been observed in the facility when day care children are present. Per W1, the licensee’s uncleared son arrives at the facility unannounced whenever he wants. Per S1-S3, they deny the licensee's uncleared adult son being in the facility. Per P1-P3 they know the licensee's son's name but has not seen him in the home.

RP alleged, "Licensee does not live in the family childcare home" and "Licensee does not spend a sufficient amount of time in the childcare during day care hours". C2 and C4 stated that sometimes they go the licensee's house and sometimes sleep there. LPA asked where the licensee's house and the children pointed to the stop sign. LPA interviewed P3 who stated that the licensee has another day care about 2 blocks away. LPAs Ayala and Valenzuela conducted an observation of the licensed facility and the licensee's residence. LPAs observed the licensee at the other residence located about two blocks away from the licensed facility. C1-C3 stated that their primary caregivers are licensee's assistant's David and Martin. Per W1, the licensee does not live in the home. The only adults that live in the home are the licensee adult children (David and Jerardo) and licensee’s ex-spouse (Martin). Per W1 the licensee is not present in the home when day care children are present. Per S1 to S3, the licensee lives in the home. LPA Ayala did not observe her bedroom or belongings in the home. Per licensee she sleeps in the living room on an air mattress. On 03/14/2024, licensee stated she does live in another house but is now in the process of returning to live at the licensed facility.

RP alleged, "Licensee does not report unusual incidents as required". Per RP, the Los Angeles Sheriff Department has been at the facility while day care children are present. The department does not have any incident reports of police activity at the facility.
SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Monique Jessica Ayala
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 8
Control Number 33-CC-20240131104049
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754
FACILITY NAME: ORTIZ FAMILY CHILD CARE
FACILITY NUMBER: 198014052
VISIT DATE: 03/14/2024
NARRATIVE
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C3 stated that he has seen police at the facility when he was the only child present with S1. Per C3, there was a lot of police inside the facility and S3 left with the police. Per W1 there have been multiple times when the Sheriff Department has been at the facility during day care hours.

Based on interviews conducted and observations the above allegation are deemed SUBSTANTIATED. The preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED. The facility is being cited two Type A deficiencies and 3 Type B deficiencies in accordance with California Code of Regulations, Title 22, see LIC9099D.

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). Acknowledgement of Receipt (LIC 9224 form) must be maintained in each child’s file immediately upon receipt from parent. An immediate $500 civil penalty is being issued for the licensee’s uncleared adult son being present in the home with day care children.

The Notice of Site Visit (LIC 9213) – must remain posted for 30 days during the hours of operation after each site visit by a licensing representative. Failure to maintain posting as required will result in a civil penalty of $100.00

An exit interview was conducted, and a copy of this report was provided to the licensee, Ana Ortiz along with Appeal Rights.
SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Monique Jessica Ayala
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 8
Control Number 33-CC-20240131104049
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: ORTIZ FAMILY CHILD CARE
FACILITY NUMBER: 198014052
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/14/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/15/2024
Section Cited
CCR
102416(d)(1)
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Personnel Requirements: Prior to employment or initial presence in the child care home, all employees and volunteers subject to a criminal record review shall:
Obtain a California clearance or a criminal record exemption as required by law or Department regulations. This requirement
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Licensee will ensure that her son Edgar is not present at the facility.
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was not met as evidence by: Based on interviews conducted, licensee's uncleared adult son Edgar has been observed at the facility while children are present. This poses an immediate health and safety risk for children in care.
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Type A
03/25/2024
Section Cited
CCR
102352(f)(1)
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Definitions: "Family Day Care" or "Family Child Care" means regularly provided care, protection and supervision of children, in the care giver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away. The term "Family Child Care" supersedes the term
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Per licensee she is returning to live in the licensed facility and will be completely moved in by POC date (03/25/2024)
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"Family Day Care". This requirement was not met as evidence by: Based on interviews conducted and observation the licensee does not live in the home. This poses an immediate health and safety risk to children in care.
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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: Ana Chico
LICENSING EVALUATOR NAME: Monique Jessica Ayala
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 8
Control Number 33-CC-20240131104049
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: ORTIZ FAMILY CHILD CARE
FACILITY NUMBER: 198014052
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/14/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
03/15/2024
Section Cited
CCR
102417(a)
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Operations of a Family Child Care Home: The licensee shall be present in the home and shall ensure that children in care are supervised at all times. When circumstances require the licensee to be temporarily absent from the home, the licensee shall arrange for a substitute adult to care for and supervise
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Per licensee, she will be present in the home while day care is operating.
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the children during his/her absence... This requirement was not met as evidence by: Based on observation and interviews the licensee is not the primary caregiver to children. This poses an potential health and safet risk for children in care.
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Type B
03/15/2024
Section Cited
CCR
102423(a)(2)
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Personal Rights: Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless...These rights include, but are not limited to, the following... To received safe, healthful and comfortable accomodations, furnishings and
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Licensee will ensure that her son Edgar is not present at the facility. Per licensee he never comes to the facility.
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equipment. This requirement was not met as evidence by: Based on interviews conducted it was disclosed that the Sheriff department was at the facility for disrtuption that was caused by her son Edgar. This poses a potential health and safety risk for children in care.
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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: Ana Chico
LICENSING EVALUATOR NAME: Monique Jessica Ayala
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 8
Control Number 33-CC-20240131104049
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: ORTIZ FAMILY CHILD CARE
FACILITY NUMBER: 198014052
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/14/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
03/22/2024
Section Cited
CCR
102416.2(a)
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Reporting Requirements: The licensee shall report the following information the Department by telephone or fax within the Department's next business day and during normal working hours (8am to 5pm). This requirement was not met as evidence by: Based on interviews conducted the Sheriff
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Licensee will start to report unusual incident reports as they ocurr
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Department has been to the facility while day care children are present and there are no incident reports that were provided to the department. This poses a potential health and safety risk for children in care
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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: Ana Chico
LICENSING EVALUATOR NAME: Monique Jessica Ayala
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 8