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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376626673
Report Date: 06/08/2023
Date Signed: 06/08/2023 01:20:17 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
03/22/2023 and conducted by Evaluator JoAnn R Legaspi
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20230322111022
FACILITY NAME:LOVERA LOPEZ, JOSUE FAMILY CHILD CAREFACILITY NUMBER:
376626673
ADMINISTRATOR:JOSUE LOVERA LOPEZFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 610-8403
CITY:CHULA VISTASTATE: CAZIP CODE:
91911
CAPACITY:14CENSUS: 8DATE:
06/08/2023
UNANNOUNCEDTIME BEGAN:
09:50 AM
MET WITH:Josue Lovera LopezTIME COMPLETED:
12:00 PM
ALLEGATION(S):
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Facility is over capacity
INVESTIGATION FINDINGS:
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On June 8th, 2023, at 9:50 AM, Licensing Program Analyst (LPA) Jo Ann Legaspi conducted an unannounced complaint inspection regarding the above allegation. LPA advised Staff Yahaira "Melissa" Torres Marmelejo of the visit’s purpose and she granted LPA facility entry. Language Link Operator 14773 provided Spanish language translation services. Present in the home were two (2) infants, three (3) toddlers (ages 3 and 4 years) and three (3) school aged children, with two (2) helpers. The Licensee soon afterwards returned to the facility.

It was alleged that the facility operated over capacity on 03/16/2023. The daycare is licensed for fourteen (14) children. Interviews with the Licensee, helpers, children, parents and outside source witnesses were conducted. Documents were reviewed. Obtained time sheets documented that on 03/16/2023, at 3:30 PM, the Licensee provided simultaneous care to seventeen (17) children; seven (7) school aged, seven (7) toddlers (aged 3- 5 years) and three (3) infants. The Licensee stated that the school aged children were in the process of being picked up from their schools but admitted they were in his care. Licensee acknowledged being over
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Tulam Vu
LICENSING EVALUATOR NAME: JoAnn R Legaspi
LICENSING EVALUATOR SIGNATURE:

DATE: 06/08/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/08/2023
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-20230322111022
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: LOVERA LOPEZ, JOSUE FAMILY CHILD CARE
FACILITY NUMBER: 376626673
VISIT DATE: 06/08/2023
NARRATIVE
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capacity during the previously mentioned time frame. The Licensee states they have already disenrolled twelve (12) children. The Licensee and LPA discussed capacity/ratio for large Family Child Care homes and the capacity/ratio flier was provided to Licensee.

Based on the Licensee’s admission, conducted interviews and review of supportive documentation, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 6), the deficiency is being cited on the attached LIC 9099D.

The Notice of Site Visit (LIC 9213) was provided to the Licensee, which is to be posted at the facility for 30 days. LPA observed form LIC 9213 posted on the wall next to the front door. AB633 requires upon receipt, Licensee shall post (observed by LPA) 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. An Acknowledgment of Receipt of Licensing Reports, Form LIC 9224 must be signed and placed in each child’s file. LPA provided Licensee with one blank LIC 9224 form.

An exit interview was conducted with Licensee Josue Lovera Lopez. Appeal Rights (LIC 9098 01/16) along with a copy of this report was provided to Josue Lovera Lopez and their signature on this form confirms receipt of these rights.


SUPERVISORS NAME: Tulam Vu
LICENSING EVALUATOR NAME: JoAnn R Legaspi
LICENSING EVALUATOR SIGNATURE:

DATE: 06/08/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/08/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3
Control Number 20-CC-20230322111022
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: LOVERA LOPEZ, JOSUE FAMILY CHILD CARE
FACILITY NUMBER: 376626673
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/08/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
06/08/2023
Section Cited
CCR
102416.5(f)
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This is an amended report.

Staffing Ratio & Capacity - “ … The total licensed capacity for a Large Family Child Care Home shall not exceed fourteen children….” This requirement was not met as evidenced by:
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Licensee has already disenrolled 12 children. LPA provided Licensee with a hard copy of CCR 102416.5 and the ratio/capacity worksheet. LPA and Licensee reviewed these documents together. The Licensee agrees to provide LPA with a written
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The facility is licensed for 14 children. On 03/16/2023, the Licensee simultaneously cared for 17 children. Based on interviews and record reviews, the Licensee failed to ensure the daycare’s legal capacity, which poses as an immediate risk to children in care.
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statement acknowledging an understanding of this code section and legal capacity. Licensee agrees to provide LPA with a written statement on how he will prevent over capacity. Licensee provided this written statement during this visit.
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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: JoAnn R Legaspi
LICENSING EVALUATOR SIGNATURE:

DATE: 06/08/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/08/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3