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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 334845790
Report Date: 09/27/2021
Date Signed: 09/27/2021 10:04:50 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 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
08/26/2021 and conducted by Evaluator Blanca Ruiz-Silva
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20210826142317
FACILITY NAME:MENDIOLA FAMILY CHILD CAREFACILITY NUMBER:
334845790
ADMINISTRATOR:MYRNA MENDIOLAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(760) 449-8294
CITY:INDIOSTATE: CAZIP CODE:
92203
CAPACITY:14CENSUS: 12DATE:
09/27/2021
UNANNOUNCEDTIME BEGAN:
09:15 AM
MET WITH:Myrna Mendiola TIME COMPLETED:
11:15 AM
ALLEGATION(S):
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Unsanitary conditions
Overcapacity
INVESTIGATION FINDINGS:
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On September 27, 2021 Licensing Program Analyst (LPA) Blanca Ruiz arrived at the facility to provide investigation findings into the above allegations. LPA Ruiz met with licensee, Ms. Myrna Mendiola and explain the purpose of visit. LPA toured and took census of facility. LPA reviewed and obtained additional facility records and information. Upon arrival to the facility, LPA observed licensee and licensee's assistant, Cindy Zuniga providing care for 12 children in the backyard. Two dogs and one cat were also observed at the facility today and during prior inspections.
It was alleged that licensee’s operates under unsanitary conditions. It was reported that there were incidents when one of the cats left feces inside the office, where older children were taking virtual classes. Per pertinent parties’ information and witnesses, it was disclosed that licensee has two cats; both cats litter boxes; however, occasionally, these boxes where left locked in another room. Therefore, the cat(s) defecated and urinated in the daycare space and the smell was unbearable. Licensee also has two big dogs that stayed inside the house but defecate outside. Information obtained during the investigation revealed that some of the younger children stepped on dog’s poop when they were taken to play outside. It was uncleared and/or conflictive information related to who was responsible for cleaning after all the pets at the facility, during daycare hours, and/or when the licensee was out on vacations.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 09/27/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2021
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-20210826142317
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: MENDIOLA FAMILY CHILD CARE
FACILITY NUMBER: 334845790
VISIT DATE: 09/27/2021
NARRATIVE
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It was also alleged that the licensee operates the facility overcapacity. Information obtained by witnesses and pertinent parties related to the investigation provide information that staff have been left alone with fourteen children when the licensee is away from the facility on vacation and/or running local errands. Per licensee’s own admission, it has been unforeseen situation when she was unable to anticipate and secure a back up assistants to help her run the daycare facility. After conducting interviews with pertinent parties, LPA Ruiz-Silva was able to gather enough information that states the alleged allegations occurred. Licensee acknowledged the incidents and understood that although she may be away from the facility during the isolated incidents, she still responsible for the facility and the care and supervision provided to the families under her license. Licensee corroborates overcapacity allegation during inspection conducted on 08/05/2021.

Based on information obtained from pertinent parties, records, witnesses, and licensee self-admission, the allegations above are therefore substantiated. See LIC9099 D for deficiencies cited per California Code of Regulations Title 22, Division 12.



An exit interview was conducted with Ms. Mendiola, appeal rights discussed. Licensees understands that the Notice of Site Visit must remain posted for the next 30 days along with a copy of all Type A deficiencies cited during this inspection. A copy of all Type A deficiencies cited must also be immediately (within 24 hours of child’s next day in care) given to the parents of all children enrolled in the child care facility and any children enrolled into the child care facility over the next 12 months (at the time of enrollment). Licensee is required to have all parents sign and date the Acknowledgement of Receipt of Licensing Reports (LIC9224) and maintain a copy in each child’s file.
Ms. Mendiola was provided with a copy of the appeal rights (LIC 9058 12/2015) and her signature on this report acknowledges receipt of those rights.

A copy of this report was provided to the licensee and this report must be made available to the public for 3 year
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 09/27/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 3
Control Number 09-CC-20210826142317
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: MENDIOLA FAMILY CHILD CARE
FACILITY NUMBER: 334845790
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/27/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
09/28/2021
Section Cited
CCR
102423(a)(2)
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Personal Rights. Each child shall be accorded safe, healthful and comfortable accommodations, furnishing and equipment.
This requirement was not meet as evidence by:
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Licensee will provide a written declaration on 09/28/21 regarding 102423(a)(2) to ensure the safety of the children by providing adequate care for the children. Licensee understands the seriousness of this citation and she will submit addition proof of cleaning arrangements for the pets in the house.
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Children rights were violated because the cats defecated and urinate in the space where older children were taking virtual classes. Space was not clean for an extended period of time. No information was provided by licensee regarding who /why the room was not clea when the incident took place. “This poses an immediate risk to the Health and Safety of the children in care”.
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Type A
09/28/2021
Section Cited
CCR
102416.5(e)
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Staffing Ratio and Capacity
If no assistant provider is present at a Large Family Child Care Home, then the licensee shall comply with the capacity requirements for a Small Family Child Care Home as specified in subsections (b) and (c). This requirement was not meet as evidence by:

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Licensee agree to submit a current roster, and schedule to include the children’s, names, days and hours in which care is provided, also include staff names and days/hours worked.
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Per licensee’s own admission, it has been unforeseen situation when she was unable to anticipate and secure a backup assistant to help her run the daycare facility. However, she decided to continue providing services to 14 children in care instead of abiding to the small FCC requirements. “This poses an immediate risk to the Health and Safety of the 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: Aaron Ross
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 09/27/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/27/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 3