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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 426216036
Report Date: 10/24/2024
Date Signed: 10/24/2024 03:39:33 PM

Unsubstantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA BARBARA CC RO, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/26/2024 and conducted by Evaluator German Negrete
PUBLIC
COMPLAINT CONTROL NUMBER: 17-CC-20240726105738
FACILITY NAME:GUZMAN FAMILY CHILD CAREFACILITY NUMBER:
426216036
ADMINISTRATOR:MARIA PANTOJAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(805) 245-4684
CITY:SANTA BARBARASTATE: CAZIP CODE:
93101
CAPACITY:14CENSUS: 8DATE:
10/24/2024
UNANNOUNCEDTIME BEGAN:
02:15 PM
MET WITH:Maria PantojaTIME COMPLETED:
03:35 PM
ALLEGATION(S):
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1.Licensee hit day care child
2.Licensee uses inappropriate discipline practices with day care children
3, Licensee left day care child outside in the heat for an undisclosed amount of time.
INVESTIGATION FINDINGS:
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On October 24, 2024, Licensing Program Analyst (LPA) G. Negrete conducted an unannounced inspection to deliver the findings regarding the above complaint allegations. The complaint was initiated on August 1, 2024. LPA Negrete met with Licensee Maria Pantoja to discuss the purpose of the inspection. During the visit, LPA observed Licensee Maria Pantoja and her Assistant providing care to 7 children 1 infant.

The investigation included obtaining statements from the complainant and interviewing Licensees, Assistant #1, and parents of current and former daycare children.

Licensee Maria Pantoja denied ever hitting a child. Regarding discipline, she stated, "I sit with the child and talk to them. We do not hit or bite. I tell the children we are sharing with friends and to be friends." Licensee Javier Guzman also denied the allegations. Continued LIC9099-C

Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Ana Tolentino
LICENSING EVALUATOR NAME: German Negrete
LICENSING EVALUATOR SIGNATURE:

DATE: 10/24/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/24/2024
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-20240726105738
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, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
FACILITY NAME: GUZMAN FAMILY CHILD CARE
FACILITY NUMBER: 426216036
VISIT DATE: 10/24/2024
NARRATIVE
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Assistant #1 denied children are hit while in care. The assistant stated they communicate with the children respectfully and educate them. She further indicated children are not left unattended outside and are always supervised.

Licensee Pantoja emphasized she and her assistant supervise the children closely. She mentioned they do not leave children unattended, particularly because there are two special needs children, and one child becomes upset if she leaves the room. Licensee stated children are outside for no more than an hour and they also have snack, lunch, and activities at the table.

Interviews were attempted with nine parents, of which seven were interviewed. The parents expressed satisfaction with the care and supervision their children receive, and their statements did not corroborate the allegations. One parent mentioned the discipline policy involves the Licensee talking to the child and having them sit down for no more than five minutes to breathe and manage anxiety before returning to activities. Another parent noted the Licensee discusses issues with the child and may ask them to sit in a chair to calm down before rejoining the group. As for the allegation of leaving a daycare child outside in the heat, none of the parents reported having observed this.

Although the above allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the above allegation is Unsubstantiated.

An exit interview was conducted, and the report was reviewed with Licensee Maria Pantoja. The Licensee was provided with a copy of their Appeal Rights (LIC 9058) and the Notice of Site Visit form (LIC 9213). The Notice of Site Visit must remain posted for 30 days.

Note: LPA G. Negrete translated the report for the Licensee in Spanish.

SUPERVISORS NAME: Ana Tolentino
LICENSING EVALUATOR NAME: German Negrete
LICENSING EVALUATOR SIGNATURE:

DATE: 10/24/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/24/2024
LIC9099 (FAS) - (06/04)
Page: 5 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, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/26/2024 and conducted by Evaluator German Negrete
PUBLIC
COMPLAINT CONTROL NUMBER: 17-CC-20240726105738

FACILITY NAME:GUZMAN FAMILY CHILD CAREFACILITY NUMBER:
426216036
ADMINISTRATOR:MARIA PANTOJAFACILITY TYPE:
810
ADDRESS:519 WENTWORTH AVE.TELEPHONE:
(805) 245-4684
CITY:SANTA BARBARASTATE: CAZIP CODE:
93101
CAPACITY:14CENSUS: 8DATE:
10/24/2024
UNANNOUNCEDTIME BEGAN:
02:15 PM
MET WITH:Maria PantojaTIME COMPLETED:
03:35 PM
ALLEGATION(S):
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Licensee did not meet child's toileting needs
INVESTIGATION FINDINGS:
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On October 24, 2024, Licensing Program Analyst (LPA) G. Negrete conducted an unannounced inspection to deliver the findings regarding the above complaint allegation, which was initiated on August 1, 2024. LPA Negrete met with Licensee Maria Pantoja to discuss the purpose of the inspection. During the visit, LPA observed Licensee Maria Pantoja and her Assistant #1 providing care to 7children and 1 infant.

The investigation included obtaining statements from the complainant and interviewing Licensees Maria Pantoja, Javier Guzman, Assistant #1, and parents of current and former daycare children.

Licensee Maria Pantoja reported that in “July 2024”, there were three toileting incidents on the same day, involving child #11. On the first occasion, child #11 was playing in the front yard and had a toileting accident. Licensee Pantoja stated she and Adult #1 personally assisted, cleaned, wiped, and changed child #11 in the porch area. Child #11 had two additional toileting incidents while playing in the backyard. Licensee stated , she cleaned Child #11 in the FCCH bathroom. Continued on LIC9099-C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Ana Tolentino
LICENSING EVALUATOR NAME: German Negrete
LICENSING EVALUATOR SIGNATURE:

DATE: 10/24/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/24/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 17-CC-20240726105738
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, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
FACILITY NAME: GUZMAN FAMILY CHILD CARE
FACILITY NUMBER: 426216036
VISIT DATE: 10/24/2024
NARRATIVE
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On the second occasion, child #11 was changed in the restroom. Licensee Pantoja stated, "I asked the Adult #1 if child #11 needed a bucket or a shower." Adult #1 responded, "No, I got it." On the third occasion, while playing in the backyard, child #11 had another toileting incident and was changed in the restroom again. The parent was contacted regarding these incidents. After the third toileting incidents, child #11 had no extra clothing; the child was wearing only a t-shirt and a diaper. The soiled clothing was returned to the parent in a plastic bag. Licensee Pantoja noted the parent arrived to the facility within 30 minutes to pick up child #11.

Licensee Javier Guzman stated there was an incident involving child #11 who had toileting issues, but his only involvement was cleaning and disinfecting the areas where the incidents occurred.

Assistant #1 recalled child #11 had two toileting incidents in July 2024, but she was focused on providing care to the other children at that time.

Based on LPA's 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 , are being cited on the attached LIC 9099D.

Appeal Rights were reviewed and provided.

Notice of sight visit was provided.
SUPERVISORS NAME: Ana Tolentino
LICENSING EVALUATOR NAME: German Negrete
LICENSING EVALUATOR SIGNATURE:

DATE: 10/24/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/24/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 17-CC-20240726105738
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, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117

FACILITY NAME: GUZMAN FAMILY CHILD CARE
FACILITY NUMBER: 426216036
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/24/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
10/28/2024
Section Cited
CCR
102423(a)(2)(4)
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102423 (a) (2) and (4)Personal Rights: (a) Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative..
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The licensee shall submit a written plan to ensure that this type of violation does not occur again.
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This requirement is not met as evidenced by: Based on interview with Licensee and record review, the licensee did not comply with the section cited above. The Licensee Maria Pantoja failed to provide appropriate care and toileting services when child #11 was cleaned and changed outside on the front porch. The licensee failed to provide an appropriate washing area with running water to properly clean child #11.
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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: Ana Tolentino
LICENSING EVALUATOR NAME: German Negrete
LICENSING EVALUATOR SIGNATURE:

DATE: 10/24/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/24/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5