426216720-10-20-2023-17-CC-MJIZ-CWSPV6-20231020113837

Community Care Licensing

FACILITY EVALUATION REPORT

Facility Number: 426216720
Report Date: 10/20/2023
Date Signed: 10/20/2023 11:39:28 AM

Document Has Been Signed on 10/20/2023 11:39 AM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117

FACILITY NAME:	MENDOZA FCC AKA ESCAMILLA FAMILY DAYCARE		FACILITY NUMBER:	426216720
ADMINISTRATOR:	JANIE MENDOZA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(805) 478-7813
CITY:	SANTA MARIA	STATE: CA	ZIP CODE:	93458
CAPACITY: 14	TOTAL ENROLLED CHILDREN: 14	CENSUS:	DATE:	10/20/2023
TYPE OF VISIT:	Office	UNANNOUNCED	TIME BEGAN:	10:00 AM
MET WITH:	Janie Mendoza		TIME COMPLETED:	11:38 AM

NARRATIVE

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An Informal Office Meeting was conducted on 10/20/2023 at 10:00 AM, at the Santa Barbara Regional Office. Present during the meeting were Regional Manager (RM) Adriana Hernandez, Licensing Program Manager (LPM) Maria Mueller, Licensing Program Analyst (LPA) Martina Jimenez, Licensing Program Analyst (LPA) Elvin Baddley and Applicant Janie Mendoza. The purpose of this Informal Meeting is to discuss Regional Office concerns, Ms. Mendoza’s pending application and substantiated unlicensed complaint investigation.

On 08/07/2023, the Santa Barbara Regional Office (SBRO) received an application from Ms. Mendoza for a large Family Child Care Home (FCCH). An application facility number 426216720 was assigned. During the application process, on 10/06/2023, the Regional Office received a complaint alleging there was unlicensed day-care services being provided. An unlicensed facility number 426216361 was assigned, and it was identified as the same property address as the application 426216720 that was received.

On 10/12/2023, upon arrival to initiate the unlicensed complaint investigation, Licensing Program Analysts Elvin Baddley and Giovani Gonzalez brought to management's attention the following observations summarized below prompting the Regional Manager to forward this case to Child Care Program Office’s attention for final review of the pending application of Ms. Mendoza:

SUPERVISORS NAME: Maria Mueller
LICENSING EVALUATOR NAME: Martina Jimenez
LICENSING EVALUATOR SIGNATURE:	DATE: 10/20/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/20/2023

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

LIC809 (FAS) - (06/04)

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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117

FACILITY NAME: MENDOZA FCC AKA ESCAMILLA FAMILY DAYCARE	FACILITY NUMBER: 426216720
	VISIT DATE: 10/20/2023

NARRATIVE

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1. Inspection Authority

a. During the Unlicensed complaint investigation Ms. Mendoza denied LPAs the ability to tour/inspect the home with the expectation that LPAs observe of what was visible from home's living and family rooms. RM informed Ms. Mendoza when a facility is licensed and a LPA arrives, LPA has the right to enter the facility and do an inspection of all areas and materials that are part of the facility. This includes off-limits areas if there is reason to believe there is a health and safety concern to children in care. In addition to the children in your care, parents and/or guardians will have the right to enter the facility during operating hours. Also, a LPA has the right to interview children in care, as well as staff members. If entrance is denied for any reason, a licensee is subject to a citation, a civil penalty, and possible legal action.

2. Level of Care- During the Unlicensed complaint investigation the following was observed by LPAs:

a. An infant sitting in a high chair, and baby bottle was propped-up to infant’s mouth with a blanket. RM informed Ms. Mendoza that propping a bottle is not safe and the bottle shall not be left in the infant’s mouth as this may increase the baby’s risk of choking and the infant may eat more than needed. Bottle propping is a violation of the child’s personal rights. RM provided Ms. Mendoza with two pamphlets titled Feeding from a Bottle and Why Avoid Propped Bottle Feeding.

b. A preschool age child was observed asleep on the bare floor face down. RM informed Ms. Mendoza that having a child sleeping on a bare floor is a violation of the child’s personal rights. All licensed facilities are required to provide comfortable accommodations, furnishings, and equipment.

SUPERVISORS NAME: Maria Mueller
LICENSING EVALUATOR NAME: Martina Jimenez
LICENSING EVALUATOR SIGNATURE:	DATE: 10/20/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/20/2023

LIC809 (FAS) - (06/04)

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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117

FACILITY NAME: MENDOZA FCC AKA ESCAMILLA FAMILY DAYCARE	FACILITY NUMBER: 426216720
	VISIT DATE: 10/20/2023

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C. Ms. Mendoza was unable to identify the names or date of births of children in care. RM informed Ms. Mendoza that one of the responsibilities for a licensee of a family child care home is to maintain records. These records include medical and other critical information about the children in care, as well as information about employees and volunteers. A FCCH shall have accurate and current information about the children in care as it is critical. It is the expectation and requirement that licensee’s and/or assistants can respond appropriately when a child requires medical care, whether it is routine or in the event of an emergency. And they must also be able to contact a child’s parent or guardian without delay when necessary.

3. Conduct and Accountability- On 10/12/2023, Unlicensed Complaint was Substantiated. Department obtained witness statement, that the property address has been operating unlicensed since at least May of 2023 and accepting to care for children from other day-care facilities in the area that have an overflow of children in care. Furthermore, LPAs observed at least nine (9) children in care of which eight (8) being from different families, of which one being Ms. Mendoza's niece. RM informed Ms. Mendoza that If you are providing care and supervision to children without a license in a home or facility that is not license-exempt you need to understand that you are breaking the law. Operating without a license is a misdemeanor and subject to a $200 per day fine. You may also be subject to criminal charges by local law enforcement.

A. During the Unlicensed Complaint Investigation, Ms. Mendoza asserted that licensing staff should be faulted for her engaging in unlicensed care as she has attempted to contact assigned LPA Jimenez to get application processed. RM informed Ms. Mendoza that it is her responsibility to hold herself accountable, and to follow all local, State, City and County laws, and regulations. It is imperative when dealing with licensing staff and/or

SUPERVISORS NAME: Maria Mueller
LICENSING EVALUATOR NAME: Martina Jimenez
LICENSING EVALUATOR SIGNATURE:	DATE: 10/20/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/20/2023

LIC809 (FAS) - (06/04)

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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117

FACILITY NAME: MENDOZA FCC AKA ESCAMILLA FAMILY DAYCARE	FACILITY NUMBER: 426216720
	VISIT DATE: 10/20/2023

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other government agencies that you are self-aware and own your mistakes without making excuses, justifying, or deflecting.

B. During the Unlicensed Complaint Investigation, Ms. Mendoza informed LPAs she will be requesting a LPA change when licensed and blatantly said, "If a Complaint is what it takes for you guys (licensing staff) to visit me then, “f*** it." RM informed Ms. Mendoza that licensing staff will be professional, treat everyone with dignity and respect and it is the expectation that our licensee’s, day-care providers (including those with Trustline clearances as Ms. Mendoza has), and stakeholders do the same when interacting with licensing staff, parents of children and authorized representatives of children, and refrain from the use of profanity during these interactions.

C. During the Unlicensed Complaint Investigation, Ms. Mendoza was not forthright with LPAs. When asked by LPA Baddley how many children were being cared for, Ms. Mendoza stated three (3) however, LPAs observed at least nine (9) children in care. RM informed Ms. Mendoza that transparency and full communication are a must when interacting with licensing staff and it is the expectation that licensees are honest and forthcoming with information.

D. During Unlicensed complaint investigation, LPA Baddley noted a smell of marijuana. RM informed Ms. Mendoza that it is illegal to consume cannabis within 600 feet of a school, day-care center or youth center while children are present. If you open a child care facility, your home becomes a business site and during operating hours, a significant portion of your home will no longer be a private place. A day-care business places requirements on you and everyone else who lives in or spends a significant amount of time in your home. You’ll need to consider the impact your business will have

SUPERVISORS NAME: Maria Mueller
LICENSING EVALUATOR NAME: Martina Jimenez
LICENSING EVALUATOR SIGNATURE:	DATE: 10/20/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/20/2023

LIC809 (FAS) - (06/04)

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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117

FACILITY NAME: MENDOZA FCC AKA ESCAMILLA FAMILY DAYCARE	FACILITY NUMBER: 426216720
	VISIT DATE: 10/20/2023

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on your personal life and social life, such as vacations and visits from out-of-town friends and relatives. Thousands of individuals and families have weighed these considerations and made the adjustments needed to successfully operate their family child care home.

E. Staffing Ratio & Capacity- Although applicant had a day-care assistant during the Unlicensed investigation, a waiver requesting a large family child care home will not be considered at this time as Ms. Mendoza has not provided evidence of having at least one year of experience as a regulated small family child care home operator; or one year of experience as an administrator or director of or as a teacher at, a licensed child care center. RM reviewed capacity requirements for a small family child care home and explained that any applicant that has obtained a license that after one year of successfully being licensed as a small FCCH, a new application for a large FCCH may be submitted for the Increase of Capacity.

RM has informed Ms. Mendoza FCCH providers have an important role in protecting the health and safety of children and advised Ms. Mendoza to visit the Departments website to watch informative videos to learn more about Licensing regulations and requirements.

The following training information was provided along with the link to the applicant: Children’s Personal Rights in Child Care, Record Keeping in Family Child Care, Supervising Children in Family Child Care and Community Care Licensing Inspection Authority. Link: https://ccld.childcarevideos.org/family-child-care-providers/

RM has informed Ms. Mendoza that her application for a FCCH is being reviewed by upper management and Ms. Mendoza will be informed in writing of the Department’s decision.

SUPERVISORS NAME: Maria Mueller
LICENSING EVALUATOR NAME: Martina Jimenez
LICENSING EVALUATOR SIGNATURE:	DATE: 10/20/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/20/2023

LIC809 (FAS) - (06/04)

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