198020987-9-20-2023-33-CC-BVON-CY9SCE-20231206124524

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198020987
Report Date: 09/20/2023
Date Signed: 09/20/2023 06:58:39 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
09/18/2023 and conducted by Evaluator Lilli Babcock

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20230918084537

FACILITY NAME:	ORTEGA FAMILY CHILD CARE		FACILITY NUMBER:	198020987
ADMINISTRATOR:			FACILITY TYPE:	810
ADDRESS:			TELEPHONE:
CITY:		STATE:	ZIP CODE:
CAPACITY:	8	CENSUS: 14	DATE:	09/20/2023
		UNANNOUNCED	TIME BEGAN:	10:45 AM
MET WITH:	Licensee, Jasmine Ortega		TIME COMPLETED:	04:00 PM

ALLEGATION(S):

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Licensee is operating over capacity

INVESTIGATION FINDINGS:

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Licensing Program Analysts (LPAs) Lilli Babcock and Roxana Lopez conducted an unannounced complaint inspection to the above facility. Facility is a Small Family Child Care Home, which allows a capacity of 6 children and 2 additional children that are in kindergarten or above.

LPA Babcock rang the doorbell at the facility at 10:45 am. LPA Lopez was waiting in a car outside the home, in order to watch the front of the house. Licensee answered via the Ring Doorbell and explained verbally to LPA Babcock via the Ring Doorbell that she was at the store and would be home in just a few minutes. Licensee explained that she had called her assistant who was in the home with the children in care, and her assistant was changing a diaper and would open the door for LPA just as soon as she was done changing the diaper. At approximately 10:49 am, LPA Lopez texted LPA Babcock that 3 people had

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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:	DATE: 09/20/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20230918084537

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: ORTEGA FAMILY CHILD CARE	FACILITY NUMBER: 198020987
	VISIT DATE: 09/20/2023

NARRATIVE

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arrived outside the home; a man, a woman wearing a white shirt, and a woman wearing a grey hoodie.
At approximately 10:50 am, the Licensee, Jasmine Ortega, opened the door from inside the home, and let LPA Babcock into the residence. Licensee stated she had just arrived home and had entered through the side door. LPA explained the reason for the visit.

Upon arrival into the home, LPA Babcock observed 5 children in the living room, and one child in the bedroom closest to the front door. The ages of the 6 children were 7 months - 4 years of age. There was one additional adult, Licensee’s assistant, observed inside the main home.

LPA Babcock inspected all rooms of the main home and yard for additional children or adults. Facility has a garage in the front of the home that has been converted into an Additional Dwelling Unit (ADU). The ADU is waiting on the city for final inspection, and per owner of the home, is a separate address from the facility. The only entrance door to the ADU is located on the side of the house, not behind the backyard fence, and visible from the street. LPA Babcock asked to inspect the inside of the ADU, but Licensee stated she did not have a key, and only the landlord, who is her mother, has a key into the ADU. The ADU shares a wall with the facility, but per licensee, cannot be accessed from the main house. The ADU contains one bedroom, one bathroom, kitchen, and living room/dining room area. LPA asked Licensee to call her mother to unlock the ADU. Licensee said she would call her mother, who lives a short distance away, and have her bring the key to the ADU. A few minutes later, Licensee said she tried calling, but her mother didn’t answer the phone. LPA Babcock asked the Licensee if there was anyone in the ADU and the Licensee stated there was no one in the ADU, and that it was empty. LPA then banged on the door repeatedly, several times. LPA Babcock attempted to call the licensees mother, as licensee’s mother operates another childcare facility in LPAs caseload and LPA has her phone number. Licensee’s mother did not answer, and LPA left a voicemail. LPA Babcock knocked loudly on the door multiple times and yelled that LPA was with Child Care Licensing and to open the door. Licensee still stated that there was no one in the ADU. A few minutes later, LPA told licensee that she heard children crying inside the ADU and saw the shutters move inside the ADU, but Licensee was still not forthcoming, and stated there was no one in the ADU and that LPA must have heard the baby in the main home crying. LPA knocked loudly again and told Licensee she was sure there were people in the ADU, and the door needed to be opened immediately. Licensee then had the 2 adults inside the ADU open the door. LPA walked into the living room of the ADU and observed a man, Rodriguez Humberto inside the

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SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:	DATE: 09/20/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2023

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20230918084537

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: ORTEGA FAMILY CHILD CARE	FACILITY NUMBER: 198020987
	VISIT DATE: 09/20/2023

NARRATIVE

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kitchen; and a woman, licensee’s mother, Blanca Carrillo, who herself is a licensee of a child care facility, in the living room/dining room. LPA Babcock observed 8 children alone with the man and woman in the ADU. LPA Babcock called LPA Lopez and asked her to leave her car and come into the ADU. LPA Lopez came into the ADU, and LPA Babcock checked the rest of the ADU for additional children. There were 8 children total in the ADU with the man and woman. The 8 children ranged in age from 8 months - 3 years of age. LPA Babcock asked to see identification for the man and wrote down his name as Rodriguez Humberto. LPA was able to recognize the woman as the Licensee’s mother. LPA was able to recognize her mother, Blanca Carrillo, as she is another licensee in LPAs caseload and LPA has done visits at her home. Neither the woman or the man in the ADU with the 8 children are associated to the facility. It was warm in the ADU, so LPAs brought the children into the main house. Rodriguez Humberto walked away from the facility at that time, and Blanca Carrillo walked with the 8 children into the main house.

LPAs had Licensee, her assistant, and Blanca Carrillo, write declarations regarding what happened with the 8 children being hidden inside the ADU. All totaled, LPAs observed 14 children in care at one time at the facility; the 6 in the main house and the 8 hidden in the ADU.

Licensee called parents of 8 children in care to be picked up as soon as possible. The first child was picked up at 1:03 pm, and at 2:04 pm, the licensee was in compliance with six children in care.

During this investigation LPA Babcock conducted interviews with Licensee, Blanca Carrillo, and Licensee’s Assistant. LPAs also obtained documents related to the complaint allegation, including but not limited to, a copy of the Facility Roster, LIC 9040.

Allegation #1: Licensee is operating over capacity

According to the allegation, the licensee cares for more children than allowed on her license.
On this day, LPAs observed 14 children in care at one time. Additionally, interviews with licensee and licensee’s assistant, and declarations from Licensee, her assistant, and Blanca Carrillo, state they had 14 children in care on this day. Licensee’s Assistant stated during the interview that she was at the facility by herself today with 14 children from 9 am -10:45 am, while Licensee was at the store. Assistant stated in her declaration that “Licensing showed up to daycare…we were over…we hid the rest of the kids in the garage

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SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:	DATE: 09/20/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2023

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20230918084537

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: ORTEGA FAMILY CHILD CARE	FACILITY NUMBER: 198020987
	VISIT DATE: 09/20/2023

NARRATIVE

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room with Jasmine’s mom and stepdad”. LPA Lopez stated she observed from outside the facility, that the licensee arrive to the facility at approximately the same time as her mother and father; about 10:49 am. In a declaration submitted by Licensee, Jasmine Ortega, she stated, “I lied to Lilli (LPA) and mentioned there was no one within the room.” “I seen Lilli (LPA) ring my doorbell so I called my assistant, grab about 8 kids so I could be with capacity”. The licensee was not in compliance with her capacity as a small Family Child Care Home.

Based on observations and interviews conducted by LPAs, 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), are being cited on the attached LIC 9099D.

LPA Lilli Babcock informed licensee Jasmine Ortega that this report dated 9/20/23 document(s) One Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA Lilli Babcock informed the licensee to provide a copy of this licensing report dated 9/20/23 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

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

Failure to comply with posting requirements shall result in an immediate civil penalty of
$100.

An exit interview conducted, and the report was reviewed with Licensee, Jasmine Ortega.

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SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:	DATE: 09/20/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2023

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20230918084537

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: ORTEGA FAMILY CHILD CARE	FACILITY NUMBER: 198020987
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/20/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 09/20/2023 Section Cited CCR 102416.5(c)	1 2 3 4 5 6 7	102416.5 (c) The total licensed capacity for a Small Family Child Care Home shall not exceed eight children. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Licensee will disenroll 8 children from the facility and email a new current roster of enrolled children to LPA. Licensee will remain in ratio and capacity compiance going forward from today.
	8 9 10 11 12 13 14	Based on observation and interviews, the licensee did not comply with the section cited above in 8 out of 14 children in care observed by LPAs at the facility on this day, which poses/posed an immediate health, safety or personal rights risk to persons in care.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Brandi VanOosten
LICENSING EVALUATOR NAME: Lilli Babcock
LICENSING EVALUATOR SIGNATURE:	DATE: 09/20/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2023

LIC9099 (FAS) - (06/04)

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