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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376629399
Report Date: 12/06/2023
Date Signed: 12/06/2023 12:05:10 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
10/30/2023 and conducted by Evaluator Diana Sanchez
COMPLAINT CONTROL NUMBER: 20-CC-20231030151613
FACILITY NAME:HERNANDEZ, BRENDA FAMILY CHILD CAREFACILITY NUMBER:
376629399
ADMINISTRATOR:BRENDA HERNANDEZFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 751-0077
CITY:CHULA VISTASTATE: CAZIP CODE:
91911
CAPACITY:14CENSUS: 2DATE:
12/06/2023
UNANNOUNCEDTIME BEGAN:
11:25 AM
MET WITH:Brenda Hernandez, ProviderTIME COMPLETED:
12:15 PM
ALLEGATION(S):
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Adult in the home spoke to daycare child inappropriately.
INVESTIGATION FINDINGS:
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On December 6, 2023, at 11:25 AM, 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 Brenda Hernandez and explained the purpose of today’s inspection. Current census is 2.

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

It was alleged that facility staff 1 (S1) told Child 1 (C1) to “shut up” in an angry manner. Facility staff (S1) admitted using the word "shut up" to C1, but in a low tone of voice, not in an angry manner. S1 stated that she doesn’t speak English and didn't know the proper words to use. Provider stated that she immediately corrected S1 and advised her that the proper word to use is “quiet down”.
Daycare children interviewed denied staff being mean or yelling at them. Parents interviewed did not raise any concerns regarding the care and supervision provided by licensee.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Diana Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 12/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/06/2023
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-20231030151613
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: HERNANDEZ, BRENDA FAMILY CHILD CARE
FACILITY NUMBER: 376629399
VISIT DATE: 12/06/2023
NARRATIVE
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Based on LPA interviews conducted, staff and provider admission, 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.

Exit interview conducted and report was reviewed with facility Licensee, Brenda Hernandez. 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: 12/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/06/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 20-CC-20231030151613
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: HERNANDEZ, BRENDA FAMILY CHILD CARE
FACILITY NUMBER: 376629399
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/06/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
12/08/2023
Section Cited
CCR
102423(a)(1
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Personal Rights – Each child receiving services from a family childcare home shall…To be treated with dignity in his/her personal relationship with staff and other persons.

This requirement was not met as evidenced by:
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Provider Brenda Hernandez stated that she would send a written care plan to the San Diego Child Care Regional Office (SDCCRO) ensuring that this would not happen again.
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Based on interviews conducted, and staff admission the licensee did not comply with the above regulation, as daycare staff did tell C1 to shut up, which poses an potential 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: 12/06/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/06/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3