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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 406216922
Report Date: 10/14/2025
Date Signed: 10/14/2025 04:49:28 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA BARBARA CC RO; SANTA BARBARA CC RO, 6500 HOLLISTER AVE., SUITE 200; 6500 HOLLISTER AVE., SUITE 200
GOLETA; GOLETA, CA 93117; 93117
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/27/2025 and conducted by Evaluator Matthew Sapien
COMPLAINT CONTROL NUMBER: 17-CC-20250527152756
FACILITY NAME:GUTIERREZ FAMILY CHILD CAREFACILITY NUMBER:
406216922
ADMINISTRATOR:GUTIERREZ, MICHAELFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(805) 835-3741
CITY:PASO ROBLESSTATE: CAZIP CODE:
93446
CAPACITY:14CENSUS: 4DATE:
10/14/2025
UNANNOUNCEDTIME BEGAN:
04:31 PM
MET WITH:Micheal GutierrezTIME COMPLETED:
05:31 PM
ALLEGATION(S):
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Conduct inimical
INVESTIGATION FINDINGS:
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On 10/14/25, at 4:31 PM, Licensing Program Analysts (LPAs) Matthew Sapien and Gigi Reyes, conducted an unannounced inspection to the abovementioned Family Child Care Home (FCCH) to conclude the investigation of the above allegation. LPAs, met with Michael Gutierrez, Licensee and explained the nature and purpose of the inspection. LPAs, in the company of Licensee, toured the FCCH. At the time of inspection, LPAs note 4 children present, along with one staff assistant who is cleared and associated to the FCCH.

The complaint investigation was initiated on 5/28/25 by LPA Joaquin Mendez. On 7/24/25, LPA Joaquin Mendez, alongside Investigative Bureau (IB) Special Invesigators Mariana Lomeli and Monica Lopez, conducted a secondary unannounced inspection where the Licensee, one additional staff assistant, and two children in care were interviewed. Two adults residing in the home were also interviewed. On 10/2/25 (CONT. LIC 9099-C, Page 2)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Maria Mueller, Maria Mueller
LICENSING EVALUATOR NAME: Maria Mueller, Matthew Sapien
LICENSING EVALUATOR SIGNATURE:

DATE: 10/14/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/14/2025
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 17-CC-20250527152756
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA BARBARA CC RO; SANTA BARBARA CC RO, 6500 HOLLISTER AVE., SUITE 200; 6500 HOLLISTER AVE., SUITE 200
GOLETA; GOLETA, CA 93117; 93117
FACILITY NAME: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 406216922
VISIT DATE: 10/14/2025
NARRATIVE
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LPA Matthew Sapien conducted a third visit to the FCCH as it related to the complaint investigation. Throughout the course of the investigation, pertinent documents were reviewed by the LPAs and Special Investigators.

Based on interviews conducted by the Investigative Bureau Unit (IB) which included corroborating statements from the victims, there is sufficient evidence to conclude the sexual abuse occurred. The preponderance of evidence standard has been met, therefore the allegation of conduct inimical in the above FCCH is SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 or Health and Safety Code are being cited on the attached LIC 9099-D.

During today's visit, one Type A deficiency is being issued. Upon receipt, Licensee shall provide copies of this licensing report to parents/guardians of children in care and to parents/guardians of children newly enrolled at the facility during the next 12 months. The Acknowledgement of Receipt (LIC 9224) to parents shall be completed and signed by each parent/guardian with copies maintained in each child's file. Licensee was given a copy of LIC 9224 Acknowledgement of Receipt of Licensing Reports. Licensee was informed that any additional Type A deficiencies may result in further administrative action against the Licensee.

An exit interview was conducted with Facility Representative, Michael Gutierrez. Facility Representative was provided with Appeal Rights (LIC 9058) and a Notice of Site Visit (LIC 9213). Notice of Site Visit must be posted for 30 days or a civil penalty of $100 may apply.

SUPERVISORS NAME: Maria Mueller, Maria Mueller
LICENSING EVALUATOR NAME: Maria Mueller, Matthew Sapien
LICENSING EVALUATOR SIGNATURE:

DATE: 10/14/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/14/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA BARBARA CC RO; SANTA BARBARA CC RO, 6500 HOLLISTER AVE., SUITE 200; 6500 HOLLISTER AVE., SUITE 200
GOLETA; GOLETA, CA 93117; 93117
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/27/2025 and conducted by Evaluator Matthew Sapien
COMPLAINT CONTROL NUMBER: 17-CC-20250527152756

FACILITY NAME:GUTIERREZ FAMILY CHILD CAREFACILITY NUMBER:
406216922
ADMINISTRATOR:GUTIERREZ, MICHAELFACILITY TYPE:
810
ADDRESS:2197 BELAIR PL.TELEPHONE:
(805) 835-3741
CITY:PASO ROBLESSTATE: CAZIP CODE:
93446
CAPACITY:14CENSUS: 4DATE:
10/14/2025
UNANNOUNCEDTIME BEGAN:
04:31 PM
MET WITH:Micheal GutierrezTIME COMPLETED:
05:31 PM
ALLEGATION(S):
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Facility is operating over capacity
INVESTIGATION FINDINGS:
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On 10/14/25, at 4:31 PM, Licensing Program Analysts (LPAs) Matthew Sapien and Gigi Reyes, conducted an unannounced inspection to the abovementioned Family Child Care Home (FCCH) in order to investigate the above allegation. LPAs met with Michael Gutierrez, Licensee of the FCCH, and explained the nature and purpose of the inspection. LPAs, in the company of Licensee, toured the FCCH. LPAs notes 4 children present, along with one adult staff assistant who is cleared and associated to the FCCH.

The complaint investigation was initiated on 5/28/25 by LPA Joaquin Mendez. On 7/24/25, LPA Joaquin Mendez, alongside Investigative Bureau (IB) Special Invesigators Mariana Lomeli and Monica Lopez, conducted a secondary unannounced inspection where the Licensee, one additional staff assistant, and two children in care were interviewed. Throughout the course of the investigation, pertinent documents were reviewed by the LPAs and Special Investigators. As (CONT. LIC 9099-C, Page 2)
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Maria Mueller, Maria Mueller
LICENSING EVALUATOR NAME: Maria Mueller, Matthew Sapien
LICENSING EVALUATOR SIGNATURE:

DATE: 10/14/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/14/2025
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 17-CC-20250527152756
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA BARBARA CC RO; SANTA BARBARA CC RO, 6500 HOLLISTER AVE., SUITE 200; 6500 HOLLISTER AVE., SUITE 200
GOLETA; GOLETA, CA 93117; 93117
FACILITY NAME: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 406216922
VISIT DATE: 10/14/2025
NARRATIVE
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additional staff assistants, children in care, the Complainant, and through thorough record review, the preponderance of evidence standard has not been met. 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.

An exit interview was conducted with Facility Representative, Michael Gutierrez. Facility Representative was provided with Appeal Rights (LIC 9058) and a Notice of Site Visit (LIC 9213). Notice of Site Visit must be posted for 30 days or a civil penalty of $100 may apply.

SUPERVISORS NAME: Maria Mueller, Maria Mueller
LICENSING EVALUATOR NAME: Maria Mueller, Matthew Sapien
LICENSING EVALUATOR SIGNATURE:

DATE: 10/14/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/14/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Citations on this Visit Report are Under Appeal!

Control Number 17-CC-20250527152756
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA BARBARA CC RO; SANTA BARBARA CC RO, 6500 HOLLISTER AVE., SUITE 200; 6500 HOLLISTER AVE., SUITE 200
GOLETA; GOLETA, CA 93117; 93117

FACILITY NAME: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 406216922
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/14/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Under Appeal
Type A
10/15/2025
Section Cited
CCR
102402(a)(3)
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Revocation or Suspension of a License or Registration...(a) The Department shall have the authority to suspend or revoke any license..(3) Conduct in the operation or maintenance of a family day care home which is inimical...
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The Licensee shall submit a written plan of correction (POC) no later than 10/15/2025. Per Licenssee, Licensee shall have Adult 1 relocated in the coming days or weeks.
(matthew.sapien@dss.ca.gov)
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This requirement is not met as evidenced by...

Based on interviews conducted by IB Investigators, there are corroborating statements from victims regarding the sexual abuse committed by Adult 1 residing in the home, which poses an immediate risk to the health and safety of 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: Maria Mueller, Maria Mueller
LICENSING EVALUATOR NAME: Maria Mueller, Matthew Sapien
LICENSING EVALUATOR SIGNATURE:

DATE: 10/14/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/14/2025
LIC9099 (FAS) - (06/04)
Page: 5 of 5