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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 198017254
Report Date: 12/03/2021
Date Signed: 12/03/2021 11:29:37 AM

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 CENTER DR 200B
MONTEREY PARK, CA 91754
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/25/2021 and conducted by Evaluator Alicia Mooberry
PUBLIC
COMPLAINT CONTROL NUMBER: 54-CC-20210825094806
FACILITY NAME:TOMAS FAMILY CHILD CAREFACILITY NUMBER:
198017254
ADMINISTRATOR:TOMAS, FRANCISFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(562) 927-4853
CITY:BELL GARDENSSTATE: CAZIP CODE:
90201
CAPACITY:14CENSUS: 1DATE:
12/03/2021
UNANNOUNCEDTIME BEGAN:
10:30 AM
MET WITH:Francis Tomas, LicenseeTIME COMPLETED:
11:48 AM
ALLEGATION(S):
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Provider yells at day care children
INVESTIGATION FINDINGS:
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An unannounced complaint investigation visit was conducted in Spanish today by Licensing Program Analyst (LPA), Alicia Mooberry. LPA met with Francis Tomas, Licensee, who guided analyst on a tour of the facility. The purpose of today's visit was to deliver complaint findings.
During the course of this investigation LPA conducted interviews with Licensee, children, staff and parents. The complainant reported witnessing the licensee repeatedly yelling at children in care. Staff #1 confirmed that licensee yells at children in care. Child #1 stated they feel very uncomfortable when licensee yells at the kids. Child #1 also stated the licensee’s spouse yells at children and tells them to shut up when they were being loud. Licensee denied yelling at the children. Licensee reported having a loud voice and children or any other adult might confuse her loud voice as yelling at them.
An investigation regarding the above allegation was completed. Based on interviews conducted, there is a preponderance of evidence to substantiate this allegation. Licensee Francis Tomas was informed that the complaint regarding personal rights was substantiated.
Report continues on 9099C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Valarie Cook
LICENSING EVALUATOR NAME: Alicia Mooberry
LICENSING EVALUATOR SIGNATURE:

DATE: 12/03/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/03/2021
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 4
Control Number 54-CC-20210825094806
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 CENTER DR 200B
MONTEREY PARK, CA 91754
FACILITY NAME: TOMAS FAMILY CHILD CARE
FACILITY NUMBER: 198017254
VISIT DATE: 12/03/2021
NARRATIVE
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The following is being cited in accordance to Title 22 of the California Code of Regulations. See attached 9099-D for documentation of deficiencies.

The LIC 9213- Notice of Site Visit was posted during this visit. Notice of Site Visit must be posted for 30 days. Failure to do so will result in a $100 Civil Penalty.

Exit interview was conducted with Licensee, appeal rights and procedures were explained.
SUPERVISORS NAME: Valarie Cook
LICENSING EVALUATOR NAME: Alicia Mooberry
LICENSING EVALUATOR SIGNATURE:

DATE: 12/03/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/03/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 4
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 CENTER DR 200B
MONTEREY PARK, CA 91754
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/25/2021 and conducted by Evaluator Alicia Mooberry
PUBLIC
COMPLAINT CONTROL NUMBER: 54-CC-20210825094806

FACILITY NAME:TOMAS FAMILY CHILD CAREFACILITY NUMBER:
198017254
ADMINISTRATOR:TOMAS, FRANCISFACILITY TYPE:
810
ADDRESS:7828 GILLILAND AVETELEPHONE:
(562) 927-4853
CITY:BELL GARDENSSTATE: CAZIP CODE:
90201
CAPACITY:14CENSUS: 1DATE:
12/03/2021
UNANNOUNCEDTIME BEGAN:
10:30 AM
MET WITH:Francis Tomas, LicenseeTIME COMPLETED:
11:48 AM
ALLEGATION(S):
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Uncleared adult caring and supervising children in care
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Alicia Mooberry conducted an unannounced complaint inspection. LPA arrived at the facility at 10:30am. LPA met with Francis Tomas, Licensee, for the purpose of delivering the findings for the above allegation. Licensee gave LPA a tour of the facility at 10:15am. LPA observed, 1 toddler present.
During the investigation, interviews were conducted with Licensee, Parents, and Children and Staff. No disclosures were made by staff, children, and parents, indicating that there are uncleared adults in the home during operating hours. LPA confirmed that all adults currently in the home are fingerprint cleared. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated.
The Notice of Site Visit (LIC 9213) – must remain posted for 30 days during the hours of operation after each site visit made by a licensing representative. Failure to maintain posting as required will result in a civil penalty of $100.00. Exit interview was conducted with Francis Tomas, Licensee.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Valarie Cook
LICENSING EVALUATOR NAME: Alicia Mooberry
LICENSING EVALUATOR SIGNATURE:

DATE: 12/03/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/03/2021
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 54-CC-20210825094806
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 CENTER DR 200B
MONTEREY PARK, CA 91754

FACILITY NAME: TOMAS FAMILY CHILD CARE
FACILITY NUMBER: 198017254
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/03/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
01/31/2022
Section Cited
CCR
102423(A)(1)(4)
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Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee…These rights include…To be treated with dignity in his/her personal relationship with staff and other persons. To be free from…humiliation, intimidation, ridicule, coercion, threat...or other actions of a punitive nature…
This requirement is not met as evidenced by
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Per licensee they will take a class on dealing with challenging children behavior in a positive way. Licensee will register for, complete training and submit proof of completion by POC due date.
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Based on interviews with Staff and Child, the licensee and spouse yell at the children in care. The licensee failed to ensure the personal rights of children was protected.

This poses a potential risk to the health, safety and personal rights of persons 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: Valarie Cook
LICENSING EVALUATOR NAME: Alicia Mooberry
LICENSING EVALUATOR SIGNATURE:

DATE: 12/03/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/03/2021
LIC9099 (FAS) - (06/04)
Page: 4 of 4