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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376620613
Report Date: 11/10/2025
Date Signed: 11/10/2025 05:34:43 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/26/2025 and conducted by Evaluator Luigi Gargaro
COMPLAINT CONTROL NUMBER: 20-CC-20250826163615
FACILITY NAME:MARTINEZ, ESPERANZA FAMILY CHILD CAREFACILITY NUMBER:
376620613
ADMINISTRATOR:ESPERANZA MARTINEZFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 587-5010
CITY:CHULA VISTASTATE: CAZIP CODE:
91911
CAPACITY:14CENSUS: 1DATE:
11/10/2025
UNANNOUNCEDTIME BEGAN:
02:00 PM
MET WITH:Esperanza MartinezTIME COMPLETED:
04:00 PM
ALLEGATION(S):
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Provider confines day care children in play pens and high chairs for a prolonged period of time
INVESTIGATION FINDINGS:
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On 11/10/25 at 2:00PM, Licensing Program Analyst (LPA) Luigi Gargaro conducted a complaint finding delivery visit with licensee Esperanza Martinez regarding the above allegation. During the course of the investigation, interviews were conducted with the reporting party, the licensee, the licensee’s assistants, children in care and day care parents.

In an interview with the licensee herself, the provider admitted to placing child #3 in a high chair as a way to restrain her and keep her from hitting other children. Based on LPA’s interviews which were conducted and the licensee’s own corroboration of the allegation, the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED, and one type A violation, California Code of Regulations (Title 22, Division 12, Chapter 3, Section 102423(a)(4), is being cited on the attached LIC 9099D.

An exit interview was conducted and the report was reviewed with licensee Martinez. A copy of this report, along with Appeal Rights (LIC9058 01/16), was provided. A Notice of Site Visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Luigi Gargaro
LICENSING EVALUATOR SIGNATURE:

DATE: 11/10/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/10/2025
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
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/26/2025 and conducted by Evaluator Luigi Gargaro
COMPLAINT CONTROL NUMBER: 20-CC-20250826163615

FACILITY NAME:MARTINEZ, ESPERANZA FAMILY CHILD CAREFACILITY NUMBER:
376620613
ADMINISTRATOR:ESPERANZA MARTINEZFACILITY TYPE:
810
ADDRESS:424 MOSS STREETTELEPHONE:
(619) 587-5010
CITY:CHULA VISTASTATE: CAZIP CODE:
91911
CAPACITY:14CENSUS: 1DATE:
11/10/2025
UNANNOUNCEDTIME BEGAN:
02:00 PM
MET WITH:Esperanza MartinezTIME COMPLETED:
04:00 PM
ALLEGATION(S):
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9
Provider did not ensure that day care children were provided a safe, healthful and comfortable environment while in care.
INVESTIGATION FINDINGS:
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On 11/10/25 at 2:00PM, Licensing Program Analyst (LPA) Luigi Gargaro conducted a complaint finding delivery visit with licensee Esperanza Martinez regarding the above allegation. During the course of the investigation, interviews were conducted with the reporting party, the licensee, the licensee’s assistants, children in care and day care parents.

Based on the information gathered, analyst received differing testimony about the conditions at the day care including construction work alleged to have occurred during day care hours. Due to that, analyst could not conclusively prove or disprove whether children were ever subject to unsafe, unhealthful or uncomfortable conditions. 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, therefore the allegation is unsubstantiated.

An exit interview was conducted and the report was reviewed with licensee Martinez. A copy of this report, along with Appeal Rights (LIC9058 01/16), was provided. A Notice of Site Visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Luigi Gargaro
LICENSING EVALUATOR SIGNATURE:

DATE: 11/10/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/10/2025
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 4
Control Number 20-CC-20250826163615
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: MARTINEZ, ESPERANZA FAMILY CHILD CARE
FACILITY NUMBER: 376620613
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/10/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
11/12/2025
Section Cited
CCR
102423(a)(4)
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102423 Personal Rights (a)(4) - 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: To be free from corporal or unusual punishment,...

This requirement was not met as evidenced by:
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Licensee states she will contact her CDA Coach Katia Solarzano to assist her in reseaching a caring for children with challenging behaviors class and once the class is chosen provide analyst with it on 11/12/25 as well as proof of registration in the class.
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Based on analyst interview, the facility did not comply with the section cited above as, by the licensee’s own admission, a child in care was placed in a high chair, on at least two occasions, to restrain her from hitting other children rather than using better, alternative methods which was an immediate risk to the child in care.
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Once class is chosen and reviewed by analyst, licensee will have one month from submission date to complete the training and send analyst a copy of her certificate to correct the deficiency.
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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: Jason Garay
LICENSING EVALUATOR NAME: Luigi Gargaro
LICENSING EVALUATOR SIGNATURE:

DATE: 11/10/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/10/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 20-CC-20250826163615
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
FACILITY NAME: MARTINEZ, ESPERANZA FAMILY CHILD CARE
FACILITY NUMBER: 376620613
VISIT DATE: 11/10/2025
NARRATIVE
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Upon Receipt of a Type A violation, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months.
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Luigi Gargaro
LICENSING EVALUATOR SIGNATURE:

DATE: 11/10/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/10/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 4