304312411-9-7-2022-06-CC-JHAN-CJ7LG8-20220912084418

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304312411
Report Date: 09/07/2022
Date Signed: 09/07/2022 05:06:38 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, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/29/2022 and conducted by Evaluator Carmen Odom

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220829144740

FACILITY NAME:	JAUREGUI, MARTHA ALICIA & GUSTAVO		FACILITY NUMBER:	304312411
ADMINISTRATOR:	JAUREGUI, G & MARTHA A		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(714) 699-1023
CITY:	BUENA PARK	STATE: CA	ZIP CODE:	90620
CAPACITY:	14	CENSUS: 15	DATE:	09/07/2022
		UNANNOUNCED	TIME BEGAN:	12:15 PM
MET WITH:	Martha Alicia Jauregui - licensee		TIME COMPLETED:	05:20 PM

ALLEGATION(S):

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child exposed to innappropriate interactions between two school aged children in care

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Carmen Odom conducted an unannounced complaint inspection for an initial investigation and deliver the findings for the above allegations. At 12:15pm, LPA Odom met with Licensee, Martha Jauregui who guided LPA on tour of the facility. Census was taken and there was a total of 9 children with 1 assistant in the childcare area napping. At 2:30pm 4 school age children we picked and brought to the childare.

A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2022

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 06-CC-20220829144740

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: JAUREGUI, MARTHA ALICIA & GUSTAVO	FACILITY NUMBER: 304312411
	VISIT DATE: 09/07/2022

NARRATIVE

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The Department received a complaint on 8/30/22 alleging child exposed to inappropriate interactions between two school aged children in care . The complaint party (CP) reported that Child #1 (C1) disclosed to CP that C1 was in the park restroom with Child #2 (C2) and Child #3 (C3). While in the park restroom C1 observed C2 and C3 doing inappropriate things with each other.

During the investigation LPA Odom interviewed both Licensees, and 3 children. LPA Odom reviewed the Children’s Roster.

During an interview on 09/07/22, Licensee (S1) stated, the school age children are taken to the park by licensee Gustavo (S2) once a week or when S2 is available. On 8/26/22 the day of the incident S1 was not present at the park and C1 did not disclose anything to S1 or S2 of what had occurred at the park. S2 stated on 8/26/22 they took 4 school age children to the park. They were are the park for an hour to one and half hour, Child #4 (C4) was playing in the playground and C1, C2 and C3 were playing together not want to play with C4. S2 disclosed they observed C1, C2, and C3 playing in front of the bathroom building which was about 30 feet from S2. S2 stated they did not observe C1, C2 and C3 go in or out the restroom. S2 disclosed they would randomly look over where the children were playing and one of the children would wave at S2, the children were playing near the restroom for about 7 minutes. S2 stated they never observed C1, C2 or C3 interacting inappropriately.

LPA Odom interviewed 3 children on 09/07/22. All of the children disclosed S2 takes them to the park and S2 did not observe when C1, C2, and C3 were going in and out the restroom. C2 disclosed they went inside the girl’s bathroom with C1 and C3. C2 disclosed C1 kissed C2 while they were inside the restroom. C3 disclosed C1 and C2 went inside the girl’s restroom because they wanted alone time. C4 disclosed they observed C1, C2, and C3 playing hide and seek around the restroom.

Based on LPA’s facility inspection, observations, interviews conducted with both licensees, 3 children and records reviewed, it has been determined that Licensee was not supervising the children while at the park. Therefore, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated.
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SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2022

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20220829144740

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: JAUREGUI, MARTHA ALICIA & GUSTAVO	FACILITY NUMBER: 304312411
	VISIT DATE: 09/07/2022

NARRATIVE

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In the areas that were evaluated, the facility was not in compliance of the California Code of Regulations, Title 22, Division 12. The following citation under Operation of a Family Child Care Home 102417(a) was issued today on the attached LIC 809D.

LPA Odom informed licensee Martha Jauregui that this report dated 9/7/22 document 1 Type A citation which shall be posted for 30 consecutive days as there is immediate risk to the health, safety, or personal rights of children in care.
Also, LPA Odom informed the licensee to provide a copy of this licensing report dated 9/7/22 that documents any 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 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.

Exit interview conducted and report was reviewed with the licensee Martha Jauregui in Spanish. A notice of site visit was given and must remain posted for 30 days.

Appeal Rights were explained. The Licensee was provided a copy of appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. First level appeals should be sent to the regional manager to the address listed above.

SUPERVISORS NAME: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2022

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20220829144740

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: JAUREGUI, MARTHA ALICIA & GUSTAVO	FACILITY NUMBER: 304312411
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/07/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 09/07/2022 Section Cited CCR 102417(a)	1 2 3 4 5 6 7	102417(a) Operation 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. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Licensee stated, the children will no longer be taken to the park. All of the parents of each were spoken too regarding the incident that occured at the park. Licensee will re-train all staff and licensee's on supervision. LIcensee will submit written plan of correction within 24 hours.
	8 9 10 11 12 13 14	Based on interview with C2 and C3 licnsee did not observe the children going in and out the restroom and inappropriate interaction while in the park restroom. This poses an immediate risk to the health and safety of the children 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: Judy Hanson
LICENSING EVALUATOR NAME: Carmen Odom
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2022

LIC9099 (FAS) - (06/04)

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