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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376625235
Report Date: 10/30/2023
Date Signed: 10/31/2023 06:50:51 AM

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
08/25/2023 and conducted by Evaluator Cindy Meier
COMPLAINT CONTROL NUMBER: 20-CC-20230825100651
FACILITY NAME:MORAES, ARIANA FAMILY CHILD CAREFACILITY NUMBER:
376625235
ADMINISTRATOR:ARIANA MORAESFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 230-5687
CITY:SAN DIEGOSTATE: CAZIP CODE:
92116
CAPACITY:14CENSUS: 4DATE:
10/30/2023
UNANNOUNCEDTIME BEGAN:
09:15 AM
MET WITH:Ariana MoraesTIME COMPLETED:
10:00 AM
ALLEGATION(S):
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Facility retaliated against reporting party for filing a complaint.
INVESTIGATION FINDINGS:
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On 10/30/2023 at 9:15 a.m. Licensing Program Analyst (LPA), Cindy Meier conducted an unannounced complaint inspection to deliver the findings of the above allegation. LPA met with licensee, Ariana Moraes, and advised the licensee of the purpose of the inspection and conducted a tour of the facility. The following ratios were present during the inspection: four (4) children, licensee and one (1) assistant (S1).

During the course of the investigation, LPA conducted interviews with licensee and reporting party. The facility roster and text messages were obtained and reviewed by LPA.

It was alleged that the licensee retaliated against the reporting party for filing a complaint. Licensee admitted while being frustrated, she initiated communication via text messages between parties that included unkind, harsh words.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Cindy Meier
LICENSING EVALUATOR SIGNATURE:

DATE: 10/30/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/30/2023
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-20230825100651
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: MORAES, ARIANA FAMILY CHILD CARE
FACILITY NUMBER: 376625235
VISIT DATE: 10/30/2023
NARRATIVE
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This agency has investigated the complaint and observed on 8/29/23, the licensee stated she knew who the reporting party was to the LPA.

The text messages between parties from 8/29/23, were reviewed and it was determined that it did meet criteria for retaliation according to Health and Safety Code 1539 states: No licensee…shall discriminate or retaliate in any manner…the person or employee or any other person has initiated or participated in the filing of a complaint, grievance…with the department. The preponderance of evidence standard has been met, therefore the allegation of facility retaliated against the reporting party for filing a complaint is found to be SUBSTANTIATED.

A type “B” citation is being issued under Health & Safety Code 1539. Refer to LIC9099D.

Exit interview conducted and report was reviewed with licensee, Ariana Moraes. A Notice of Site Visit was given and must remain posted for 30 days.
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Cindy Meier
LICENSING EVALUATOR SIGNATURE:

DATE: 10/30/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/30/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3
Control Number 20-CC-20230825100651
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: MORAES, ARIANA FAMILY CHILD CARE
FACILITY NUMBER: 376625235
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/30/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
10/27/2023
Section Cited
HSC
1539
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Health and Safety 1539: No licensee…shall discriminate or retaliate in any manner…the person or employee...has initiated or participated in the filing of a complaint, grievance…with the department.
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Licensee stated she now understands the licensing regulation that licensee's cannot retaliate against anyone who files a complaint.
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This requirement was not met as evidenced by:
Based on interview, record review and licensee’s admission, the licensee did not comply with the section cited above in that the licensee initiated communication with reporting party via text message after a complaint was filed for the facility which poses a potential health, safety, or personal rights risk to persons in care.
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Licensee stated she will write a statement that states she will not initiate any action that would retaliate against any person who files a complaint to the SDRO by 11/3/23.
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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: Cindy Meier
LICENSING EVALUATOR SIGNATURE:

DATE: 10/30/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/30/2023
LIC9099 (FAS) - (06/04)
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