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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 364846591
Report Date: 05/07/2026
Date Signed: 05/07/2026 01:10:32 PM

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
03/11/2026 and conducted by Evaluator Raymond Moorehead
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20260311161001
FACILITY NAME:GUTIERREZ FAMILY CHILD CAREFACILITY NUMBER:
364846591
ADMINISTRATOR:GUTIERREZ,EMELYFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(951) 230-6589
CITY:YUCAIPASTATE: CAZIP CODE:
92399
CAPACITY:14CENSUS: 11DATE:
05/07/2026
UNANNOUNCEDTIME BEGAN:
12:40 PM
MET WITH:Emely Gutierrez, LicenseeTIME COMPLETED:
01:30 PM
ALLEGATION(S):
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Facility is operating out of ratio (Ratio)
INVESTIGATION FINDINGS:
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On date and time listed above, Licensing Program Analyst (LPA) Raymond Moorehead arrived at the facility to conclude a complaint investigation regarding the allegation that the facility was operating out of ratio.

Throughout the course of the investigation, LPA conducted interviews with pertinent individuals, collected relevant documentation, and made observations related to the reported allegation.

It was reported that the facility was allegedly operating out of ratio by leaving one adult alone with up to 13 children at a time.

Licensee denied the allegation.

Continued on LIC 9099-C.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Raymond Moorehead
LICENSING EVALUATOR SIGNATURE:

DATE: 05/07/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/07/2026
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 09-CC-20260311161001
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: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 364846591
VISIT DATE: 05/07/2026
NARRATIVE
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Throughout the course of the investigation, the Department was able to obtain substantial information, including documentation, confirming that the facility had operated with one adult supervising 13 children.

Based on the information obtained, the preponderance of evidence revealed that the facility failed to maintain compliance with Title 22 Regulation 102416.5(e), which requires that when more than eight children are present in a large family child care home, an assistant provider shall also be present.

The facility has been cited under Title 22 Regulation 102416.5(e), Staffing Ratio and Capacity Requirements.

See LIC 9099-D for cited deficiency. Please note that a detailed plan of correction for the facility will be implemented, as a part of the cited deficiency.

LPA informed Licensee that this report dated 05/07/2026 documents 1 Type A citation which shall be posted for 30 consecutive days as there was a immediate risk to the personal rights of children in care.

Also, LPA informed Director to provide a copy of this licensing report dated on 05/07/205 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.

A notice of site visit was given and must remain posted on, or immediately adjacent to, the interior side of the main door 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 Emely Gutierrez, Licensee.
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Raymond Moorehead
LICENSING EVALUATOR SIGNATURE:

DATE: 05/07/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/07/2026
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 09-CC-20260311161001
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: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 364846591
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/07/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/08/2026
Section Cited
CCR
102416.5(e)
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Title 22 Regulation 102416.5(e), requires that when more than eight children are present in a large family child care home, an assistant provider shall also be present.
This requirement was not met as evidenced by:
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Licensee agrees to review Title 22 Regulation 102416.5(e) regarding staffing ratio and capacity requirements for large family child care homes and submit a written letter of understanding acknowledging the importance of maintaining compliance with ratio requirements at all times.
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Documentation was obtained confirming that the facility operated with one adult supervising 13 children without an assistant provider present.
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Licensee also agrees to submit an updated staffing and child schedule demonstrating how the facility will ensure an assistant provider is present whenever more than eight children are in care to maintain ongoing compliance.
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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: Raymond Moorehead
LICENSING EVALUATOR SIGNATURE:

DATE: 05/07/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/07/2026
LIC9099 (FAS) - (06/04)
Page: 3 of 6
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
03/11/2026 and conducted by Evaluator Raymond Moorehead
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20260311161001

FACILITY NAME:GUTIERREZ FAMILY CHILD CAREFACILITY NUMBER:
364846591
ADMINISTRATOR:GUTIERREZ,EMELYFACILITY TYPE:
810
ADDRESS:35016 AVENUE DTELEPHONE:
(951) 230-6589
CITY:YUCAIPASTATE: CAZIP CODE:
92399
CAPACITY:14CENSUS: 12DATE:
05/07/2026
UNANNOUNCEDTIME BEGAN:
12:40 PM
MET WITH:Emely Gutierrez, LicenseeTIME COMPLETED:
01:30 PM
ALLEGATION(S):
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Day care staff leaves infants in play pens as a form of restraint (Personal Rights)
Day care staff handles children in a rough manner (Personal Rights)
Day care staff prevents children from sleeping (Personal Rights)
INVESTIGATION FINDINGS:
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On date and time listed above, Licensing Program Analyst (LPA) Raymond Moorehead arrived at the facility to conclude a complaint investigation regarding allegations that staff utilized play pens as a form of restraint for infants, that staff handled children in a rough manner, and that staff prevented children from sleeping.

Throughout the course of the investigation, LPA conducted interviews with pertinent individuals, collected relevant documentation, and made observations related to the reported allegations.

Continued on LIC 9099-C.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Raymond Moorehead
LICENSING EVALUATOR SIGNATURE:

DATE: 05/07/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/07/2026
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 09-CC-20260311161001
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: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 364846591
VISIT DATE: 05/07/2026
NARRATIVE
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It was reported that infants were allegedly left in play pens for extended periods of time, sometimes without engagement, as a form of restraint. Licensee denied inappropriate restraint practices and stated that children are occasionally placed in play pens during periods such as food preparation to prevent infants from accessing the kitchen area. During a complaint visit, LPA observed children in play pens, including while watching television with toys around nap time. Conflicting statements were received regarding whether the use of play pens constituted inappropriate restraint or temporary supervision for child safety purposes.

It was also reported that staff members allegedly handled children in a rough manner, including physically pulling children by the arms. Throughout the course of the investigation, conflicting statements were received from interviewed individuals regarding staff interactions with children. Licensee denied that staff engaged in rough or inappropriate physical handling. Although concerns were disclosed, available documentation, interviews, and observations did not provide sufficient corroborating evidence to support the allegation by a preponderance of evidence.

Additionally, it was reported that staff allegedly prevented children from sleeping prior to scheduled nap times and harshly woke children after nap periods. Licensee denied these allegations. Throughout the course of the investigation, conflicting statements were received regarding sleep practices and staff responses to children’s sleep behaviors. Documentation, interviews, and observations did not provide sufficient corroborating evidence to conclusively verify violations related to children’s personal rights concerning rest or sleep.

Continued on LIC 9099-C.
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Raymond Moorehead
LICENSING EVALUATOR SIGNATURE:

DATE: 05/07/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/07/2026
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 09-CC-20260311161001
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: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 364846591
VISIT DATE: 05/07/2026
NARRATIVE
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Throughout the course of the investigation, conflicting information was received. While some disclosures raised concerns regarding facility operations and staff conduct, documentation, interviews, and observations as a whole did not provide sufficient corroborating evidence to support the allegations by a preponderance of evidence.

This agency has investigated the complaint regarding the above allegations pertaining to Personal Rights.

Conflicting statements were received throughout the course of the investigation. Based on the interviews conducted and documentation collected, the allegations are UNSUBSTANTIATED. A finding of unsubstantiated means, although the allegations may have happened, or are valid, there is not a preponderance of the evidence to prove the allegations occurred.

No deficiencies were cited during this inspection.

A notice of site visit was given and must remain posted on, or immediately adjacent to, the interior side of the main door 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 Emely Gutierrez, Licensee.
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Raymond Moorehead
LICENSING EVALUATOR SIGNATURE:

DATE: 05/07/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/07/2026
LIC9099 (FAS) - (06/04)
Page: 6 of 6