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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 334842721
Report Date: 01/23/2025
Date Signed: 01/23/2025 09:07:10 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE CC RO, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
09/09/2024 and conducted by Evaluator Perla Ordones
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20240909083123
FACILITY NAME:RUTHERFORD FAMILY CHILD CAREFACILITY NUMBER:
334842721
ADMINISTRATOR:MARK RUTHERFORDFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(951) 769-0325
CITY:BEAUMONTSTATE: CAZIP CODE:
92223
CAPACITY:14CENSUS: 0DATE:
01/23/2025
UNANNOUNCEDTIME BEGAN:
08:30 AM
MET WITH:Facility Representative Lexxis MageeTIME COMPLETED:
09:20 AM
ALLEGATION(S):
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Provider poses a risk to day care children.
INVESTIGATION FINDINGS:
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On this date and time listed, Licensing Program Analysts (LPAs) Perla Ordones and Taityana Benson arrived at the facility to conclude a complaint investigation which was initiated on 09/17/2024. The complaint was investigated by Community Care Licensing Investigation Branch Investigator Shawniece Poinsette. LPAs met with Facility Representative Lexxis Magee.

During the investigation, Investigator Poinsette made observations, reviewed pertinent documentation and conducted interviews with pertinent parties.

It was alleged, the provider poses a risk to day care children.

Please see LIC9099C.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Perla Ordones
LICENSING EVALUATOR SIGNATURE:

DATE: 01/23/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/23/2025
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 09-CC-20240909083123
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE CC RO, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: RUTHERFORD FAMILY CHILD CARE
FACILITY NUMBER: 334842721
VISIT DATE: 01/23/2025
NARRATIVE
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It was reported, on or about 08/30/2024, that an incident regarding inappropriate behavior between the Licensee Mark Rutherford, and a day-care child occurred. Licensee denied any inappropriate behavior between themselves and any day-care children. Pertinent parties were interviewed by Investigator Poinsette and an outside agency who were able to corroborate the stated allegation. It is the responsibility of the facility to protect the health and safety of children in care.

Based on Investigator interviews and record review, the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 & Chapter 1), are being cited on the attached LIC9099D.

See LIC9099-D for cited deficiency.

LPA Perla Ordones informed Facility Representative Lexxis Magee that this report dated 01/23/2025 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 Perla Ordones informed the Facility Representative Lexxis Magee to provide a copy of this licensing report dated 01/23/2024 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.

Please note at this time the Licensee is currently incarcerated and the facility is currently not in operation.

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.

Exit interview conducted and report was reviewed with the Facility Representative, Lexxis Magee.
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Perla Ordones
LICENSING EVALUATOR SIGNATURE:

DATE: 01/23/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/23/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 09-CC-20240909083123
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE CC RO, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: RUTHERFORD FAMILY CHILD CARE
FACILITY NUMBER: 334842721
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/23/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
01/24/2025
Section Cited
CCR
102423(a)(1)
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(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...
(1) To be treated with dignity in his/her personal relationship with staff and other persons.
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At this time the Licensee is currently incarcerated, and the facility is currently not in operation.
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Based on interview, the licensee did not comply with the section cited above as an incident regarding inappropriate behavior between the provider, the Licensee Mark Rutherford, and a day-care child occurred which poses an immediate personal rights risk to 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: Aaron Ross
LICENSING EVALUATOR NAME: Perla Ordones
LICENSING EVALUATOR SIGNATURE:

DATE: 01/23/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/23/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 3