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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376626904
Report Date: 09/14/2023
Date Signed: 01/17/2024 09:37:22 AM

Unsubstantiated


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
09/11/2023 and conducted by Evaluator Nancy Diaz
PUBLIC
COMPLAINT CONTROL NUMBER: 51-CC-20230911164624
FACILITY NAME:POSTON, VALERIE FAMILY CHILD CAREFACILITY NUMBER:
376626904
ADMINISTRATOR:VALERIE POSTONFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(858) 564-9430
CITY:SAN DIEGOSTATE: CAZIP CODE:
92126
CAPACITY:14CENSUS: 11DATE:
09/14/2023
UNANNOUNCEDTIME BEGAN:
08:21 AM
MET WITH:Valerie & Robert PostonTIME COMPLETED:
09:20 AM
ALLEGATION(S):
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Licensee fed day care child food that they are allergic to.
INVESTIGATION FINDINGS:
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On 9/14/23 @ 8:21AM, Licensing Program Analyst (LPA) Nancy Diaz conducted an unannounced inspection. LPA met with Valerie & Robert Poston. Upon arrival, LPA observed present today were 10 children (2 children were under age 2). Another child arrived at 9AM. Mrs. Poston stated that she was aware that child was allergic to nuts. Parent did not specify that peanut was one of them. She admitted that she forgot about the child's allergy when she served peanut butter sandwich for lunch on 9/7/23. Lunch was served at 12:30PM. She observed that the child had about a half a tablespoon of peanut butter. When child was picked up at 1:00PM, she noticed that he was scratching the back of his head. She was notified by parent the following day that child was taken to Rady's due to severe allergic reaction to the peanut butter he ate for lunch.
Based on the interview conducted with the Mrs. Poston, she admitted to serving the child peanut butter sandwhich for lunch and completely forgot about any allergies. Although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred, therefore the above allegation(s) is found to be Unsubstantiated. Exit interview conducted and report was reviewed with Mrs. Poston. A notice of site visit was given and must remain posted for 30 days.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Joelle Redding
LICENSING EVALUATOR NAME: Nancy Diaz
LICENSING EVALUATOR SIGNATURE:

DATE: 09/14/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/14/2023
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 51-CC-20230911164624
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: POSTON, VALERIE FAMILY CHILD CARE
FACILITY NUMBER: 376626904
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/14/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Deficiency Dismissed
Type A
09/14/2023
Section Cited
CCR
102423(a)(2)
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Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee...(2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement was not met as evidenced by:
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Mrs. Poston will submit her updated plan of operation to the department no later than 9/15/23.
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Mrs. Poston admitted to serving a daycare child peanut butter sandwhich for lunch. Child had severe allergic reaction and was taken to the hospital where he was treated and released the same day.
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Mrs Poston stated "I will require parents to bring their own food if they have allergies and have them seat at a separate table so that there is no accidental sharing of food and that we don't accidentally served the wrong food.
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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: Tashima Daniel
LICENSING EVALUATOR NAME: Nancy Diaz
LICENSING EVALUATOR SIGNATURE:

DATE: 09/14/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/14/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 51-CC-20230911164624
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: POSTON, VALERIE FAMILY CHILD CARE
FACILITY NUMBER: 376626904
VISIT DATE: 09/14/2023
NARRATIVE
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The preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED, California Code of Regulations, Title 22, 102423(a)(2) is being cited on the attached LIC 9099D.

TYPE A VIOLATION IS CITED.

Upon receipt, licensee shall provide copies of this document to parents/guardians of children in care and to parents/guardians of children newly enrolled at this facility during the next 12 months.

Exit interview was conducted with Mrs. Poston. LPA reviewed and provided a copy of this report. Appeal rights was also provided.

Notice of site visit was provided and observed posted. This notice and copy of report shall remain posted for 30 days.
SUPERVISORS NAME: Tashima Daniel
LICENSING EVALUATOR NAME: Nancy Diaz
LICENSING EVALUATOR SIGNATURE:

DATE: 09/14/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/14/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3