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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 334845463
Report Date: 05/22/2024
Date Signed: 05/22/2024 02:19:47 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/04/2024 and conducted by Evaluator Jesse Gardner
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20240404130758
FACILITY NAME:GUTIERREZ FAMILY CHILD CAREFACILITY NUMBER:
334845463
ADMINISTRATOR:GUTIERREZ, ANGELICAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(951) 379-1145
CITY:MORENO VALLEYSTATE: CAZIP CODE:
92551
CAPACITY:14CENSUS: 0DATE:
05/22/2024
UNANNOUNCEDTIME BEGAN:
01:06 PM
MET WITH:Angelica Gutierrez, LicenseeTIME COMPLETED:
02:16 PM
ALLEGATION(S):
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Provider handles day care children in a rough manner
Provider yelled at the day care children
Provider does not ensure outdoor play equipment is in good repair
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Jesse Gardner conducted an office visit with Licensee Angelica Gutierrez to deliver findings to the complaint. During this investigation, LPA conducted interviews with staff and other confidential witnesses, made observations, and obtained supportive documentation for review to assist with determining the finding for the above noted allegations.

It was alleged that children are grabbed by their arms as staff are taking them to time out. Staff denied children are ever grabbed and forced into a time out; however, 3 of 4 confidential witnesses reported that staff grab children forcefully by the arm when redirecting them. Based on staff and confidential interviews, the allegation was Substantiated.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Deborah Mullen
LICENSING EVALUATOR NAME: Jesse Gardner
LICENSING EVALUATOR SIGNATURE:

DATE: 05/22/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2024
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 6
Control Number 10-CC-20240404130758
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501
FACILITY NAME: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 334845463
VISIT DATE: 05/22/2024
NARRATIVE
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It was alleged that a staff member yelled at the children to watch a movie rather than go outside. Staff interviews deny ever yelling at the children in any case, including the alleged incident; however, 3 of 4 confidential witnesses reported that staff do yell at the children in English, and in Spanish. Based on confidential interviews, the allegation was Substantiated.

It was alleged that the provider does not ensure outdoor play equipment is in good repair. During the LPA’s initial investigative visit on 4/11/24, outdoor play equipment was observed to be in poor repair. Specifically, a step was missing on a ladder that would normally be used to provide children access to a trampoline in the backyard and several hand grips to children’s bikes were noted as missing. Based on LPA observations the allegation was Substantiated.



A finding that the complaint is SUBSTANTIATED means that the allegation is valid because the preponderance of the evidence standard has been met.

An exit interview was conducted where a copy of this report was provided along with a copy of the LIC9099D, LIC811, and Appeal Rights.

A Notice of Site visit was given, and the Licensee understands that it must remain posted for 30 days.
SUPERVISORS NAME: Deborah Mullen
LICENSING EVALUATOR NAME: Jesse Gardner
LICENSING EVALUATOR SIGNATURE:

DATE: 05/22/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 6
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/04/2024 and conducted by Evaluator Jesse Gardner
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20240404130758

FACILITY NAME:GUTIERREZ FAMILY CHILD CAREFACILITY NUMBER:
334845463
ADMINISTRATOR:GUTIERREZ, ANGELICAFACILITY TYPE:
810
ADDRESS:15767 PATRICIA ST.TELEPHONE:
(951) 379-1145
CITY:MORENO VALLEYSTATE: CAZIP CODE:
92551
CAPACITY:14CENSUS: 0DATE:
05/22/2024
UNANNOUNCEDTIME BEGAN:
01:06 PM
MET WITH:Angelica Gutierrez, LicenseeTIME COMPLETED:
02:16 PM
ALLEGATION(S):
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9
Provider does not ensure outdoor play area is free of debris
Provider threatens day care children
Provider leaves day care children unsupervised for extended periods of time
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Jesse Gardner conducted an office conference located at 3737 Main St. Suite 700, Riverside, CA 92501 with Licensee Angelica Gutierrez to deliver findings to the complaint. During this investigation, LPA conducted interviews with staff and other confidential witnesses, made observations, and obtained supportive documentation for review to assist with determining the finding for the above noted allegation.

It was alleged the play area in the backyard was littered with broken plastic toys and jagged wood pieces. On 4/11/2024 LPA inspected the backyard and did not observe any broken plastic toys or jagged wood pieces. Additionally, staff interview indicated that the backyard is never in a state of disarray. Based upon interviews and LPA observation, the allegation is Unsubstantiated.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Deborah Mullen
LICENSING EVALUATOR NAME: Jesse Gardner
LICENSING EVALUATOR SIGNATURE:

DATE: 05/22/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2024
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 6
Control Number 10-CC-20240404130758
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501
FACILITY NAME: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 334845463
VISIT DATE: 05/22/2024
NARRATIVE
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It was alleged that staff threaten to put children in time outs if they do not do what staff say. 3 of 3 staff interviewed revealed it is their policy to never threaten the children, and that time-outs are conducted only as a last resort to redirect behavior. 4 of 6 confidential witness interviews relayed that children are not threatened with being placed in a time out. Based on interviews with staff, and confidential witnesses, the finding is Unsubstantiated.

It was alleged that when children are placed in time outs, the children are left unsupervised for extended periods of time. 3 of 3 staff interviewed denied children are left unsupervised for extended periods of time whether they are in time out or in the backyard playing. Staff indicated when a child is placed in time out the child must sit in a chair located in the hallway for approximately 10-15 minutes. Staff indicated the children are supervised during their time out and are not left alone. 2 of 5 confidential witnesses reported children have been left in time out, both inside and outside of the facility, without supervision for up to 25 minutes. Based on staff and confidential witness interviews, the allegation was Unsubstantiated.

A finding of UNSUBSTANTIATED means that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur.

An exit interview was conducted where a copy of this report was provided along with a copy of the Appeal Rights.

A Notice of Site visit was given, and the Licensee understands that it must remain posted for 30 days.

SUPERVISORS NAME: Deborah Mullen
LICENSING EVALUATOR NAME: Jesse Gardner
LICENSING EVALUATOR SIGNATURE:

DATE: 05/22/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 10-CC-20240404130758
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 334845463
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/22/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
05/29/2024
Section Cited
CCR
102423(a)(4)
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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 was not met as evidenced by:
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Licensee states that they will conduct in-service training with all staff regarding the cited regulation. Licensee states that they will provide proof of training by POC date.
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Based on interviews conducted, staff were found to have grabbed children by the arm to lead them to a time-out. This is a potential personal rights risk to children in care.
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Type B
05/29/2024
Section Cited
CCR
102423(a)(1)
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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:
(1) To be treated with dignity in his/her personal relationship with staff and other persons. The requirement was not met as evidenced by:
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Licensee states that they will conduct in-service training with all staff regarding the cited regulation. Licensee states that they will provide proof of training by POC date.
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Based on interviews conducted, it was found that staff have yelled at the children. This potentially is a personal rights violation for children 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: Deborah Mullen
LICENSING EVALUATOR NAME: Jesse Gardner
LICENSING EVALUATOR SIGNATURE:

DATE: 05/22/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 10-CC-20240404130758
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 334845463
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/22/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
05/29/2024
Section Cited
CCR
102423(a)(2)
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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:
(2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement was not being met as evidenced by:
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Licensee states that they will submit proof of the repaired items, and submit proof of such to LPA by POC date.
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Based on photographic evidence obtained, LPA found that there was a step missing to a ladder, and several bikes in disrepair. This is a potential health and safety risk to children 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: Deborah Mullen
LICENSING EVALUATOR NAME: Jesse Gardner
LICENSING EVALUATOR SIGNATURE:

DATE: 05/22/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 6