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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376628443
Report Date: 10/26/2023
Date Signed: 10/26/2023 01:54:21 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
07/31/2023 and conducted by Evaluator Diana Sanchez
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20230731094918
FACILITY NAME:LARA, ARACELI FAMILY CHILD CAREFACILITY NUMBER:
376628443
ADMINISTRATOR:ARACELI LARAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 451-1754
CITY:CHULA VISTASTATE: CAZIP CODE:
91911
CAPACITY:14CENSUS: 12DATE:
10/26/2023
UNANNOUNCEDTIME BEGAN:
12:40 PM
MET WITH:Araceli Lara, ProviderTIME COMPLETED:
02:00 PM
ALLEGATION(S):
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Licensee left day care children in high chairs for an extended period of time.
INVESTIGATION FINDINGS:
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On October 26, 2023, at 12:40 PM, Licensing Program Analyst (LPA), Diana Sanchez made an unannounced complaint inspection to deliver the complaint investigation findings for the above allegation. LPA met with provider Araceli Lara and explained the purpose of today’s inspection. Current census is 12.

This agency has investigated the above listed allegation. During the investigation, LPA conducted facility inspections, interviews with facility staff, daycare children, daycare parents, and representatives from an outside agency.

It was alleged that on July 26, 2023, all daycare children in attendance were left sitting in highchairs for approximately an hour and a half. Although the licensee and staff denied the allegation, the licensee admitted to leaving children in highchairs for up to an hour, regardless of their age, on a weekly basis to watch movies.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Diana Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 10/26/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/26/2023
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 5
Control Number 20-CC-20230731094918
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: LARA, ARACELI FAMILY CHILD CARE
FACILITY NUMBER: 376628443
VISIT DATE: 10/26/2023
NARRATIVE
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On 8/02/2023, LPA observed nine (9) children, between the ages one (1) year to almost four (4) years old, sitting in their highchairs watching television. Although the licensee stated they had just finished eating breakfast, all the children’s trays were empty and clean. Additionally, the licensee was not complying with at least one (1) of the highchair’s Manufacturer's Recommendation, by using it for a child over three (3) years old. The Graco brand highchair user’s manual states that the “highchair is designed to be used by a child up to three (3) years of age”.

Based on LPA observations, records reviewed and interviews which were conducted, the preponderance of evidence standard has been met, therefore the above 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 Sanchez informed licensee, Araceli Lara to provide a copy of this licensing report dated, 10/26/2023, that documents any 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 conducted and report was reviewed with facility Licensee, Araceli Lara. A copy of this report, along with Appeal Rights (LIC9058), was provided. A notice of site visit was given and must remain posted for 30 days. LPA observed that the notice of site visit was posted during the inspection. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Diana Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 10/26/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/26/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 20-CC-20230731094918
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: LARA, ARACELI FAMILY CHILD CARE
FACILITY NUMBER: 376628443
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/26/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
10/27/2023
Section Cited
CCR
102423(a)(2)
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Personal Rights – Each child receiving services from a family childcare home shall…receive safe, healthful, and comfortable accommodations, furnishings, and equipment.

This requirement was not met as evidenced by:
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Licensee stated that right after the first inspection on 8/02/2023, she got rid of most of the highchairs and only kept four for the infant children. Provider will send a written statement to the San Diego Child Care Regional Office (SDCCRO) advising that she read and understood deficiency cited.
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Based on interviews conducted, licensee’s admission, record review, and LPA observations the licensee did not comply with the above regulation, as daycare children were left in highchairs for prolonged period of time and not in accordance with Manufacturer’s Recommendations, which poses an immediate Health and Safety risk to children in care.
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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: Diana Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 10/26/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/26/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
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
07/31/2023 and conducted by Evaluator Diana Sanchez
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20230731094918

FACILITY NAME:LARA, ARACELI FAMILY CHILD CAREFACILITY NUMBER:
376628443
ADMINISTRATOR:ARACELI LARAFACILITY TYPE:
810
ADDRESS:312 EAST PROSPECT COURTTELEPHONE:
(619) 451-1754
CITY:CHULA VISTASTATE: CAZIP CODE:
91911
CAPACITY:14CENSUS: 12DATE:
10/26/2023
UNANNOUNCEDTIME BEGAN:
12:40 PM
MET WITH:Araceli Lara, ProviderTIME COMPLETED:
02:00 PM
ALLEGATION(S):
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Licensee is not treating day care children equally.

Licensee is not meeting day care childrens needs.
INVESTIGATION FINDINGS:
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On October 26, 2023, at 12:40 PM, Licensing Program Analyst (LPA), Diana Sanchez made an unannounced complaint inspection to deliver the complaint investigation findings for the above allegations. LPA met with provider Araceli Lara and explained the purpose of today’s inspection. Current census is 12.

This agency has investigated the above listed allegations. During the investigation, LPA conducted facility inspections, interviews with facility staff, daycare children, daycare parents, and representatives from an outside agency.

It was alleged that on July 26, 2023, one (1) unidentified daycare child was left in a highchair isolated from the group in the living room area. It was also alleged other daycare children in highchairs were uncomfortable and crying. Licensee and staff denied the allegations, stating that they treat all children equally and with dignity and respect.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Diana Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 10/26/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/26/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 20-CC-20230731094918
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: LARA, ARACELI FAMILY CHILD CARE
FACILITY NUMBER: 376628443
VISIT DATE: 10/26/2023
NARRATIVE
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Licensee stated that on occasion, children prefer and/or request to be separated from the group, in the living room area, in order to be alone to focus on activities. The licensee advised there is an additional television in the living room for children to watch. Licensee stated children, including the older toddlers enjoy sitting in the highchairs for meals. Daycare children interviewed did not disclose any concerns about the highchair use. On 8/02/2023, LPA observed nine (9) children sitting in highchairs; however, no children expressed discomfort or were observed to be crying.

There is insufficient evidence to support and no other witnesses to corroborate the above allegations. LPA was unable to determine whether or not, the above allegations occurred. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are Unsubstantiated.

Exit interview was conducted and report was reviewed with provider Araceli Lara. A copy of this report, along with Appeal Rights (LIC9058), were provided. A notice of site visit was given and must remain posted for 30 days. LPA observed that the notice of site visit was posted during the inspection. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Diana Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 10/26/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/26/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5