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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376626659
Report Date: 03/05/2026
Date Signed: 03/05/2026 01:22:37 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
01/22/2026 and conducted by Evaluator Cindy Meier
COMPLAINT CONTROL NUMBER: 20-CC-20260122160223
FACILITY NAME:TORALVA-AGUIAR, JUSTINA FCCFACILITY NUMBER:
376626659
ADMINISTRATOR:JUSTINA TORALVA-AGUIARFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 906-6833
CITY:SAN DIEGOSTATE: CAZIP CODE:
92114
CAPACITY:14CENSUS: 7DATE:
03/05/2026
UNANNOUNCEDTIME BEGAN:
11:30 AM
MET WITH:Justina Toralva-AguiarTIME COMPLETED:
12:30 PM
ALLEGATION(S):
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Licensee operated over capacity
INVESTIGATION FINDINGS:
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On 3/5/2026 at 11:30 a.m. Licensing Program Analyst (LPA), Cindy Meier conducted an unannounced complaint inspection to deliver the findings for the above allegation. Upon arrival, LPA met with Licensee, Justina Toralva-Aguilar and discussed the purpose of the inspection, the complaint process and was led on a tour of the facility. There were seven (7) children present, licensee, and three (3) staff.

On January 22, 2026, Community Care Licensing (CCL) received a complaint alleging Licensee operated over the capacity. During the course of the investigation, interviews were conducted with licensee, staff, and day care parents. Documents obtained during the investigation included facility roster, day care children’s schedules, attendance sheets and outside agency records.

It was alleged that on 11/3/2025 licensee operated over capacity, caring for between 17-21 children during the hours of 2:15 p.m. to 5:30 p.m. Licensee acknowledged the attendance sheets she submitted showed recorded documentation of being over capacity of fourteen (14) children for a portion of the day.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Rajani Goudreau
LICENSING EVALUATOR NAME: Cindy Meier
LICENSING EVALUATOR SIGNATURE:

DATE: 03/05/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/05/2026
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-20260122160223
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: TORALVA-AGUIAR, JUSTINA FCC
FACILITY NUMBER: 376626659
VISIT DATE: 03/05/2026
NARRATIVE
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Based on licensee’s own admission, review of records, and attendance documentation submitted, the preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED.

Per California Code of Regulations, (Title 22, division 12 & Chapter 3) one (1) Type A citation is being cited on the attached LIC 809-D.

LPA Cindy Meier informed Licensee, Justina Toralva-Aguilar that this report dated 3/5/26 document(s) (1) Type A citation(s) which shall be posted for 30 consecutive days as there is immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA Cindy Meier informed the Licensee, Justina Toralva-Aguilar to provide a copy of this licensing report dated 3/5/26 that documents 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.

Exit interview was conducted with licensee, report was read and received by licensee.
A notice of site visit was given and must remain posted for 30 days.
SUPERVISORS NAME: Rajani Goudreau
LICENSING EVALUATOR NAME: Cindy Meier
LICENSING EVALUATOR SIGNATURE:

DATE: 03/05/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/05/2026
LIC9099 (FAS) - (06/04)
Page: 3 of 3
Control Number 20-CC-20260122160223
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: TORALVA-AGUIAR, JUSTINA FCC
FACILITY NUMBER: 376626659
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/05/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/05/2026
Section Cited
CCR
102416.5(f)
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102416.5(f)
Staffing Ratio and Capacity
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 stated she will review the children’s weekly schedules to ensure children’s attendance stays within capacity and make any necessary changes if needed.
Licensee stated she will communicate with any parents whose services need to
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Based on Licensee’s own admission, LPA's observations, and records reviewed, the licensee did not comply with the section cited above in that on 11/3/2025, Licensee exceeded licensed capacity of 14 children by 3-7 children between the hours of 2:15 p.m. - 5:30 p.m. which poses an immediate health, safety or personal rights risk to children in care.
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be terminated to remain in capacity.
Licensee stated she will also review the Child Care Provider video of Capacity and Ratio and write a summary of what she learned. Licensee will submit the documents to SDRO by POC due date 3/11/2026.
https://ccld.childcarevideos.org/family-child-care-providers/
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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: Rajani Goudreau
LICENSING EVALUATOR NAME: Cindy Meier
LICENSING EVALUATOR SIGNATURE:

DATE: 03/05/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/05/2026
LIC9099 (FAS) - (06/04)
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