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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376620714
Report Date: 04/29/2025
Date Signed: 04/29/2025 01:34:45 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 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
04/23/2025 and conducted by Evaluator Jacqueline Macias
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20250423145736
FACILITY NAME:HERNANDEZ, MARTHA & JOSE FAMILY CHILD CAREFACILITY NUMBER:
376620714
ADMINISTRATOR:MARTHA & JOSE HERNANDEZFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 850-3610
CITY:SAN DIEGOSTATE: CAZIP CODE:
92105
CAPACITY:14CENSUS: 6DATE:
04/29/2025
UNANNOUNCEDTIME BEGAN:
08:30 AM
MET WITH:Martha and Jose HernandezTIME COMPLETED:
01:46 PM
ALLEGATION(S):
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Licensee is operating over capacity.
INVESTIGATION FINDINGS:
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On 4/29/2025, at 8:30 am, Licensing Program Analyst, Jacqueline Macias conducted an unannounced inspection in regards to the above allegation. LPA met with both Licensees Martha and Jose Hernandez and discussed the allegation. There were six (6) children present, three (3) of which were infants and three (3) preschoolers and two (2) assistants present during this inspection.

The indoor and the outdoor of the facilty was toured. Interviews were conducted with both Licensees and two (2) assistants. Licensees admitted that on 04/23/25, they exceeded the capacity of 14 children by having three (3) infants, four (4) preschoolers, and eight (8) school aged children for a total of 15 daycare children for approximately two (2) hours.

Facility roster, facility sign in/sign out sheet, and related documentation were reviewed and obtained.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Tulam Vu
LICENSING EVALUATOR NAME: Jacqueline Macias
LICENSING EVALUATOR SIGNATURE:

DATE: 04/29/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2025
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 3
Control Number 20-CC-20250423145736
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
FACILITY NAME: HERNANDEZ, MARTHA & JOSE FAMILY CHILD CARE
FACILITY NUMBER: 376620714
VISIT DATE: 04/29/2025
NARRATIVE
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Based on Licensees own admission and documentation, the preponderance of evidence standard has been met that the Licensees were operating over-capacity, therefore the allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 3, is being cited on the attached LIC 9099D.

LPA informed Licensees, Martha and Jose Hernandez that this report dated 4/29/2025 documents one (1) Type A citation, which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care.

LPA informed Licensees Martha and Jose Hernandez to provide a copy of this licensing report dated 4/29/2025 that documents a 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. LPA provided Licensees Martha and Jose Hernandez with form LIC 9224.

A copy of the report, Appeal Rights (LIC 9058), and a Notice of Site Visit (LIC 9213) was given to Licensees, Martha and Jose Hernandez and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days. LPA observed LIC 9213 was posted. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

An exit interview was conducted and report was reviewed with the Licensees Martha and Jose Hernandez.

SUPERVISORS NAME: Tulam Vu
LICENSING EVALUATOR NAME: Jacqueline Macias
LICENSING EVALUATOR SIGNATURE:

DATE: 04/29/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 20-CC-20250423145736
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: HERNANDEZ, MARTHA & JOSE FAMILY CHILD CARE
FACILITY NUMBER: 376620714
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/29/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
04/30/2025
Section Cited
CCR
102416.5(f)
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102416.5 Staffing Ratio and Capacity (f) The total licensed capacity for a Large Family Child Care Home shall not exceed fourteen children.

This requirement is not met as evidenced by:
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Licensee states he will pick up three (3) daycare children from school and drop them off directly to the resident of their authorized representatives. Licensees state they will write a plan of correction to ensure not to exceed the Licensed capacity and limitations at one time.
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Based on interviews and record reviews, the Licensee did not comply with the section cited above in that on 04/23/25, Licensees exceeded licensed capacity, which poses an immediate health, safety or personal rights risk to children in care.
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Licensees state they will submit the list of children and age of whom she will care for. Licensees states she will also review the Child Care Provider video of Capacity and write a summary of what they learned. Licensee will submit the documents to SDRO by POC due date 4/30/2025.
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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: Tulam Vu
LICENSING EVALUATOR NAME: Jacqueline Macias
LICENSING EVALUATOR SIGNATURE:

DATE: 04/29/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 3