367700305-12-5-2024-12-CC-LKIG-DBTNZM-20241210095435

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 367700305
Report Date: 12/05/2024
Date Signed: 12/05/2024 04:27:39 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
PALMDALE CHILD CARE, 39115 TRADE CENTER DR STE. 201
PALMDALE, CA 93551

This is an official report of an unannounced visit/investigation of a complaint received in our office on
09/25/2024 and conducted by Evaluator Kendal Zirbes

PUBLIC

COMPLAINT CONTROL NUMBER: 12-CC-20240925160908

FACILITY NAME:	LOBOS FAMILY CHILD CARE		FACILITY NUMBER:	367700305
ADMINISTRATOR:	MARTHA LOBOS		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(760) 974-7577
CITY:	YUCCA VALLEY	STATE: CA	ZIP CODE:	92284
CAPACITY:	14	CENSUS: 4	DATE:	12/05/2024
		UNANNOUNCED	TIME BEGAN:	02:35 PM
MET WITH:	Licensee Martha Lobos		TIME COMPLETED:	03:15 PM

ALLEGATION(S):

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Licensee allowed an uncleared adult to provide care and supervision to children
Licensee did not ensure that children were supervised at all times

INVESTIGATION FINDINGS:

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On December 5, 2024, at 02:35pm Licensing Program Analyst (LPA) Zirbes conducted a follow-up complaint inspection to Lobos Family Child Care. LPA met with Licensee Martha Lobos. The purpose of the inspection was to deliver the findings for the above complaint allegations. The investigation included confidential interviews with children, parents, staff, and witnesses. In addition, the investigation included a review of facility records.
On September 25, 2024, the Department received an allegation alleging that on September 18, 2024, the Licensee allowed adult 1 (A1), an uncleared adult to transport child 1 (C1), child 2 (C2), and child 3 (C3) from the Licensees home to Yucca Valley Elementary. All interviewees confirmed A1 was alone and provided transportation to C1 C2 and C3 from the Licensee home to Yucca Valley Elementary on September 18, 2024. The investigation further revealed that A1 also provided transportation to child 4 and child 5 on approximately five other unknown dates prior to September 18, 2024. When asked about the incident, the Licensee confirmed A1 did not have an eligible clearance associated with the family childcare. Licensee reported, A1 was fingerprinted through a local childcare center. Report continued on page two

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:	DATE: 12/05/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024

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 4

Control Number 12-CC-20240925160908

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
PALMDALE CHILD CARE, 39115 TRADE CENTER DR STE. 201
PALMDALE, CA 93551

FACILITY NAME: LOBOS FAMILY CHILD CARE	FACILITY NUMBER: 367700305
	VISIT DATE: 12/05/2024

NARRATIVE

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Report continued from page one
The Department records revealed A1s background check was initiated on September 25, 2024, and A1 received an eligible clearance on September 26, 2024. Therefore, when A1 provided transportation to C1, C2, and C3 on September 18, 2024, A1 did not have an eligible background clearance.
The Department received a second allegation alleging C1, C2, C3 were dropped off at Yucca Valley Elementary at 7:55AM. It was reported that zero school personnel were present and C1, C2 and C3 were in front of the school alone and unsupervised for an hour. Confidential interviews with children, parents and witnesses reported C1, C2 and C3 were dropped off at Yucca Valley Elementary at approximately 07:50am on September 18, 2024. Interviewees confirmed, zero adults or other children were present when C1, C2 and C3 were dropped off. Confidential sources reported feeling concerned, sick to their stomach, sad and scared because of being left unattended. Witnesses reported C1, C2 and C3 were observed unsupervised in front of the closed school gate. Licensee confirmed C1, C2 and C3 were dropped off by A1 due to the Licensee having a personal appointment. Evidence obtained during the investigation, included a text message sent on September 18, 2024, at 07:53AM. The text message revealed that when C1, C2 and C3 were dropped off, the school gates were not open. Licensee stated since A1 dropped off C1, C2 and C3, the Licensee did not know the children were unsupervised. Licensee stated they did not follow up on the text message indicating the school gate was closed when C1, C2 and C3 were dropped off. Per Licensee, the normal drop off routine for C1, C2 and C3 is for the Licensee to drive to a bus stop and wait for the school bus to arrive between 8:45am -8:50am.
Based on the interviews conducted and a review of the records, the preponderance of evidence standard has been met. Therefore, the above allegations are found to be Substantiated. Two type A citations were issued on the LIC 9099D for California Code of Regulations, Title 22, Division 12, Chapter 1, regulations 102370 (d) (1) Criminal Record Clearance and 102423 (a) (2) Personal Rights.
Furthermore, in accordance with regulation 102370 (e) Criminal Record Clearance, an immediate assessment of a civil penalty of one hundred dollars ($100) per day for one day has been issued as A1 was alone and provided transportation for the childcare on September 18, 2024.

LPA Zirbes, informed licensee Martha Lobos that this report dated 12/5/24 document(s) two Type A citation(s) which shall be posted for 30 consecutive days as there are immediate risk(s) to the health, safety, or personal rights of children in care.
Report continued on page three

SUPERVISORS NAME: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:	DATE: 12/05/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024

LIC9099 (FAS) - (06/04)

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Control Number 12-CC-20240925160908

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
PALMDALE CHILD CARE, 39115 TRADE CENTER DR STE. 201
PALMDALE, CA 93551

FACILITY NAME: LOBOS FAMILY CHILD CARE	FACILITY NUMBER: 367700305
	VISIT DATE: 12/05/2024

NARRATIVE

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Report continued from page two
Also, LPA Zirbes informed the licensee to provide a copy of this licensing report dated 12/5/2024 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.

A Notice of Site Visit was given and must remain posted for 30 days. An exit interview was conducted, and the report was reviewed with Licensee Martha Lobos. Appeal rights and a copy of the report were provided to the Licensee.

SUPERVISORS NAME: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:	DATE: 12/05/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 12-CC-20240925160908

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
PALMDALE CHILD CARE, 39115 TRADE CENTER DR STE. 201
PALMDALE, CA 93551

FACILITY NAME: LOBOS FAMILY CHILD CARE	FACILITY NUMBER: 367700305
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/05/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 12/06/2024 Section Cited CCR 102370(d)(1)	1 2 3 4 5 6 7	102370 Criminal Record Clearance (d) All individuals subject to a criminal record review ...shall prior to working, residing, or volunteering...(1) Obtain a California clearance or a criminal record exemption as required by the Department… This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Per Licensee, all adults who provide care and supervision will obtain a background clearance.
	8 9 10 11 12 13 14	Based on interviews/record review, A1 provided transportation for the child care on 9.18.24, and 5 additional unknown dates. A1 did not have a California clearance when transportation was provided. This poses an immediate Health, Safety, Personal Rights risk to persons in care. Civil penalties issued.	8 9 10 11 12 13 14
Type A 12/06/2024 Section Cited CCR 102423 (a)(2)	1 2 3 4 5 6 7	102423 Personal Rights (a) Each child receiving services from a family child care home shall have certain rights…These rights include… (2) To receive safe, healthful, and comfortable accommodations…This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Per Licensee, transportation will not be provided to schools. Licensee will review the CDSS personal rights video and send LPA confirmation the video was reviewed.
	8 9 10 11 12 13 14	Based on interviews, and record review, the licensee did not ensure, C1, C2 and C3 were provided a safe and comfortable environment when C1, C2 and C3 were left unsupervised on September 18, 2024. This poses an immediate Health, Safety, or Personal Rights risk to persons in care.	8 9 10 11 12 13 14

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: Lady King
LICENSING EVALUATOR NAME: Kendal Zirbes
LICENSING EVALUATOR SIGNATURE:	DATE: 12/05/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024

LIC9099 (FAS) - (06/04)

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