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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 274409442
Report Date: 10/17/2025
Date Signed: 10/20/2025 05:02:58 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/06/2025 and conducted by Evaluator Elizabeth Larios
COMPLAINT CONTROL NUMBER: 07-CC-20250806113518
FACILITY NAME:GARCIA, BERTHAFACILITY NUMBER:
274409442
ADMINISTRATOR:GARCIA, BERTHAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(831) 206-5895
CITY:SALINASSTATE: CAZIP CODE:
93906
CAPACITY:14CENSUS: 9DATE:
10/17/2025
UNANNOUNCEDTIME BEGAN:
03:08 PM
MET WITH:Bertha Gracia TIME COMPLETED:
05:31 PM
ALLEGATION(S):
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Personal Rights- Licensee uses unusal punishment for children in care.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Elizabeth Larios, conducted an unannounced complaint investigation to deliver complaint findings. LPA met with Licensee, Betha Gracia and informed her of the purpose of the visit.

The Department received a complaint alleging licensee uses usual punishment to children in care. During the course of this investigation. LPA toured the indoor & outdoor areas, conducted interviews, and reviewed relevant records.

An investigation was conducted into allegation of inappropriate disciplinary practices at licensed child care facility. The investigation found that the discipline used went beyond regulation guidelines. Among the practices identified was the use of soap and water as a consequence for verbal misbehavior, specifically for the use of inappropriate language. During the investigation, it was found that physical punishment like slapping and spanking may have been used at the facility. ====CONTINUE ON LIC 9099-C=====
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Deanna Villagrana
LICENSING EVALUATOR NAME: Elizabeth Larios
LICENSING EVALUATOR SIGNATURE:

DATE: 10/17/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/17/2025
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 07-CC-20250806113518
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: GARCIA, BERTHA
FACILITY NUMBER: 274409442
VISIT DATE: 10/17/2025
NARRATIVE
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The Department found that the preponderance of evidence standard has been met based on the evidence gathered and therefore the above allegation is found to be SUBSTANTIATED.

LPA informed Licensee, Bertha Garcia that this report dated 10/17/2025 documents a Type A citation which shall be posted for 30 consecutive days as there is immediate risks to the health, safety, or personal rights of children in care.

LPA also informed the Licensee to provide a copy of this licensing report dated 10/17/2025 that documents a Type A citation 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 the next 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224) must be placed in the child's file for verification.

Type A deficiency was cited today as a result of the complaint investigation and is noted on the attached page LIC 9099-D. Exit interview was conducted and report was reviewed with Licensee, Bertha Garcia. Appeal Rights were given.

A NOTICE OF SITE VISIT WAS ISSUED AND MUST REMAIN POSTED FOR 30 CONSECUTIVE DAYS.
SUPERVISORS NAME: Deanna Villagrana
LICENSING EVALUATOR NAME: Elizabeth Larios
LICENSING EVALUATOR SIGNATURE:

DATE: 10/17/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/17/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 07-CC-20250806113518
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: GARCIA, BERTHA
FACILITY NUMBER: 274409442
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/17/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
10/18/2025
Section Cited
CCR
102423(a)(4)
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102423 Personal Rights
(a) 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 of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following: (4)To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including, but not limited to: interference with eating, sleeping or toileting; or withholding shelter, clothing, medication or aids to physical functioning.This requirement is not met as evidence by
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By POC due date 10/18/2025 Licensee will complete training on appropriate child guidance and discipline practices, revise the facility’s discipline policy to align with licensing regulations, and ensure all staff are informed and compliant with the updated procedures. Documentation of
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Based on information gathered personal rights of children in care were violated through the implementation of inappropriate disciplinary practices. These actions, which included the use of soap as punishment and physical discipline, are in direct violation of child care licensing regulations.
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training and policy updates will be maintained for review and a copy submitted to the department.
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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: Deanna Villagrana
LICENSING EVALUATOR NAME: Elizabeth Larios
LICENSING EVALUATOR SIGNATURE:

DATE: 10/17/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/17/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 3