370803192-7-28-2025-08-AS-SJAB-DKKQ7X-20250815115550

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 370803192
Report Date: 07/28/2025
Date Signed: 07/28/2025 03:37:16 PM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO RO, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108

This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/24/2025 and conducted by Evaluator Dang Nguyen

COMPLAINT CONTROL NUMBER: 08-AS-20250724094600

FACILITY NAME:	ARC OF SAN DIEGO-SOL AND RUTH GERBER FAMILY CENTER		FACILITY NUMBER:	370803192
ADMINISTRATOR:	OTERIA "TERI" MEDLEY		FACILITY TYPE:	775
ADDRESS:	1280 NOLAN AVENUE		TELEPHONE:	(610) 800-3635
CITY:	CHULA VISTA	STATE: CA	ZIP CODE:	91911
CAPACITY:	186	CENSUS: 132	DATE:	07/28/2025
		UNANNOUNCED	TIME BEGAN:	10:20 AM
MET WITH:	Program Administrator Susana Levack and Case Manager Adela Martinez		TIME COMPLETED:	03:45 PM

ALLEGATION(S):

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Licensee lack of supervision related to client-on-client incident.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Dang Nguyen conducted an unannounced visit to commence a Complaint Investigation regarding the above allegation. LPA was welcomed by, identified himself to, and discussed the purpose of the visit with Program Administrator Susana Levack and Case Manager Adela Martinez.

The Complainant alleged Licensee lack of supervision related to client-on-client incident, involving non-consensual sexual touching using hands, between Client #1 (C1) and Client #2 (C2). [See LIC811 Confidential Names List for a description of select person identifiers used in this report.] CCLD’s investigation included multiple collateral visits (to interview C1, C2, and relevant outside sources) and an unannounced facility tour/welfare check at the day program site to interview additional relevant clients and day program staff. The Department also reviewed pertinent care records, investigative documents, and electronic correspondence.

[CONTINUED ON LIC 9099-C]

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Simon Jacob
LICENSING EVALUATOR NAME: Dang Nguyen
LICENSING EVALUATOR SIGNATURE:	DATE: 07/28/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/28/2025

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 08-AS-20250724094600

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO RO, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108

FACILITY NAME: ARC OF SAN DIEGO-SOL AND RUTH GERBER FAMILY CENTER	FACILITY NUMBER: 370803192
	VISIT DATE: 07/28/2025

NARRATIVE

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[CONTINUED FROM LIC 9099]

Records and interviews showed: C1 alleged that C2 had previously touched C1’s arm, hand, and/or leg in the classroom setting. C1 then alleged that during late July 2025, C2 used their hands to touch C1’s chest and genitals underneath their clothing, and that this occurred inside a bathroom stall of the day program’s public restroom. Upon later learning of the allegations from San Diego Regional Center (SDRC), Licensee conducted a timely and thorough investigation, which found no corroborating evidence.

CCLD’s own independent investigation of the alleged incidents did not yield evidence to corroborate that they occurred. C1 told LPA that they did not alert any day program staff on the dates of the alleged incidents, either to ask for help or to tell staff to what happened to them. C1 said there were no witnesses to the restroom touching. C2 denied the allegations, saying they neither touched nor spoke to C1 in the restroom. C2 claimed Clients #3 (C3) and Clients #4 (C4) were in the restroom and could corroborate that nothing inappropriate occurred. LPA interviewed C3, who denied seeing touching between C1 and C2 in the restroom. LPA interviewed C4 and determined that they were not able to be a reliable witness in this case. Staff unanimously reported seeing no instances of inappropriate touching in the classroom setting and having no knowledge to suggest inappropriate touching occurred in the restroom.

Records and interviews clearly showed that C1 and C2 were each ambulatory and able to successfully toilet themselves. C1 and C2 thus typically required no staff assistance/escorts to the restroom. In an abundance of caution, following receipt of the allegations, Licensee amended staff-client assignments to ensure that C1 and C2 were assigned to different classroom groups/cohorts. Licensee also started having a staff person post up in the public restroom during the transition periods to and from lunch every day.

Based on records and interviews, there does not exist a preponderance of evidence to establish that the alleged incidents against C1 occurred. Even if touching did occur in the restroom, there does not exist a preponderance of evidence to prove there was inadequate staff supervision in that setting, during the complaint time frame. The allegation is therefore Unsubstantiated, and no deficiency was cited for it.

An exit interview was conducted with Program Administrator Susana Levack, to whom a copy of this report and the Licensee/Appeal Rights (LIC9058 03/22) were provided.

SUPERVISORS NAME: Simon Jacob
LICENSING EVALUATOR NAME: Dang Nguyen
LICENSING EVALUATOR SIGNATURE:	DATE: 07/28/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/28/2025

LIC9099 (FAS) - (06/04)

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