376629370-5-26-2023-20-CC-JGAY-CSZURA-20230621154823

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376629370
Report Date: 05/26/2023
Date Signed: 05/26/2023 08:22:54 PM

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
02/28/2023 and conducted by Evaluator Cindy Meier

COMPLAINT CONTROL NUMBER: 20-CC-20230228121309

FACILITY NAME:	RODRIGUEZ, EDITH FAMILY CHILD CARE		FACILITY NUMBER:	376629370
ADMINISTRATOR:	EDITH RODRIGUEZ		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(619) 799-3318
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92113
CAPACITY:	14	CENSUS: 10	DATE:	05/26/2023
		UNANNOUNCED	TIME BEGAN:	01:15 PM
MET WITH:	Edith Rodriguez		TIME COMPLETED:	02:15 PM

ALLEGATION(S):

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Daycare child was bit by another child in care.
Licensee not providing a comfortable environment for children in care.

INVESTIGATION FINDINGS:

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On 05/26/23 at 1:15 p.m. Licensing Program Analyst (LPA), Cindy Meier conducted an unannounced complaint inspection to deliver the findings of the above allegations. LPA met with Licensee, Edith Rodriguez and advised Licensee of the purpose of the inspection and conducted a tour of the facility. Present during the inspection were three (3) infants, six (6) preschoolers, one (1) school age, assistant, and licensee.

During the course of the investigation, interviews were conducted with the licensee, reporting party, daycare assistant, daycare children, and daycare parents. Facility records, text correspondences, and photographs were obtained and reviewed by LPA.

It was alleged that between 01/01/23 and 02/28/23, a daycare child (C1) bit another daycare child (C2) on multiple occasions. The licensee admitted C1 bit C2 while in care,

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Cindy Meier
LICENSING EVALUATOR SIGNATURE:	DATE: 05/26/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/26/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 20-CC-20230228121309

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: RODRIGUEZ, EDITH FAMILY CHILD CARE	FACILITY NUMBER: 376629370
	VISIT DATE: 05/26/2023

NARRATIVE

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2 to 3 times during the morning play hours while interacting but denied the incidents were a result of a lack of supervision, stating she ensures daycare children are appropriately supervised. Licensee explained that one incident occurred when the children were giving each other hugs, but the bite occurred before she could intervene.

Licensee stated once she was aware of C1’s biting tendency, she switched the children’s outdoor play time, so they were separated to minimize the possibility of any biting occurrences. Licensee stated during the morning hours, the children would be physically separated by having one child in an enclosed area, separate from the other.
Licensee stated she had discussions with both parents regarding the biting after the first bite to make parents aware of her plan to keep the children separate. Licensee stated she communicated to the assistant the importance of visually supervising the children and keeping the children separate. The two (2) children involved in the biting incidents are non-verbal and were not interviewed. Older daycare children interviewed stated they had not observed any incidents of biting. Parents interviewed did not disclose any concerns of children being bitten while in care.

It was also alleged that on 02/27/23, the temperature inside the facility was 55 degrees. Licensee denied the allegation stating she ensures the environment is comfortable for children in care which includes adequate, appropriate bedding and/or clothing for use, if needed. Licensee stated she asks parents to provide sweaters or jackets for the children to have available as needed. Licensee stated that the facility heater thermostat is set to activate between 50 - 58 degrees. On 03/09/23, during the inspection LPA observed the temperature on the thermostat to read 66 degrees and some children were wearing sweatshirts. On 03/27/23, during the inspection, LPA observed the temperature on the thermostat to read 71 degrees and no children were wearing sweatshirts or jackets. Two (2) of the three (3) children interviewed feel the environment is comfortable and is not too cold or too hot. One child stated sometimes it is a little bit cold. Children stated they bring sweaters or sweatshirts to wear if it is cold. All parents interviewed feel the licensee maintains a comfortable environment for children in care and did not share concerns about the temperature in the home.

SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Cindy Meier
LICENSING EVALUATOR SIGNATURE:	DATE: 05/26/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/26/2023

LIC9099 (FAS) - (06/04)

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Control Number 20-CC-20230228121309

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: RODRIGUEZ, EDITH FAMILY CHILD CARE	FACILITY NUMBER: 376629370
	VISIT DATE: 05/26/2023

NARRATIVE

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Due to conflicting information obtained throughout the course of the investigation, LPA was unable to determine, whether or not, a lack of supervision resulted in a daycare child being bitten by another. Due to inconsistent children testimony and conflicting LPA observations, LPA was unable to determine if the licensee violated children’s personal rights by maintaining the facility temperature at an uncomfortable level. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the above allegations are UNSUBSTANTIATED.

Exit interview conducted and report was reviewed with Licensee, Edith Rodriguez. 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: Cindy Meier
LICENSING EVALUATOR SIGNATURE:	DATE: 05/26/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/26/2023

LIC9099 (FAS) - (06/04)

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