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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434416040
Report Date: 01/31/2025
Date Signed: 01/31/2025 02:25:46 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/04/2024 and conducted by Evaluator Deanna Villagrana
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20241204143123
FACILITY NAME:ROJAS, ALBERTOFACILITY NUMBER:
434416040
ADMINISTRATOR:ALBERTO ROJASFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(408) 493-9210
CITY:SAN JOSESTATE: CAZIP CODE:
95122
CAPACITY:14CENSUS: 5DATE:
01/31/2025
UNANNOUNCEDTIME BEGAN:
01:30 PM
MET WITH:Alberto RojasTIME COMPLETED:
02:35 PM
ALLEGATION(S):
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Staff spoke inappropriately about day care child in child’s presence/Staff spoke inappropriately to day care children
Licensee allowed uncleared adult to live in the home
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs) Deanna Villagrana and Pedro Solorio Gutierrez met with licensee Alberto Rojas to deliver findings for the above allegations. LPAs explained the nature of the visit. Present were licensee, licensee's two assistants, adult nephew and five day care children including two infants.

Based on interviews which were conducted and observation 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 1) 102370(d)(1). Licensee's sister in law Sandra Cardoza Avila does not have fingerprint clearance and has been living in the home for two weeks and licensee's assistant Concepcion Salinas Martinez spoke inappropriately in front of children to other adults in the home. California Code of Regulations, Health and Safety Code 1596.80, are being cited on the attached LIC9099D.

The following type A and B deficiencies were cited on the attached page (809-D). Licensee was informed that failure to correct the deficiencies by the specified Plan of Correction (POC) Due Date may result in assessment of civil penalties in the amount of $100 per day per violation until the correction is made.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Deanna Villagrana
LICENSING EVALUATOR SIGNATURE:

DATE: 01/31/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/31/2025
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 07-CC-20241204143123
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: ROJAS, ALBERTO
FACILITY NUMBER: 434416040
VISIT DATE: 01/31/2025
NARRATIVE
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The following Type A deficiency was cited on the attached page (809-D). Licensee was informed that failure to correct the deficiency by the specified Plan of Correction (POC) Due Date may result in assessment of civil penalties in the amount of $100 per day per violation until the correction is made.

LPAs Deanna Villagrana and Pedro Solorio Gutierrez informed licensee Alberto Rojas that this report dated 01/31/2025 document(s) 1 Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPAs Deanna Villagrana and Pedro Solorio Gutierrez informed the licensee Alberto Rojas to provide a copy of this licensing report dated 01/31/2025 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

A notice of site visit was given and must remain posted for 30 days.

Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Deanna Villagrana
LICENSING EVALUATOR SIGNATURE:

DATE: 01/31/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/31/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 07-CC-20241204143123
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: ROJAS, ALBERTO
FACILITY NUMBER: 434416040
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/31/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
02/01/2025
Section Cited
CCR
102370(d)(1)
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Obtain a California clearance or a criminal record exemption as required by the Department
This requirement was not met as evidenced by Licensee's sister in law Sandra Cardoza Avila does not have fingerprint clearance and has been living in the home for two weeks. This poses an immediate risk to the Health, Safety or Personal Rights to children in care.
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Licensee will ensure Sandra Cardoza Avila is cleared prior to returning to the home.
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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: Susy Cervantes
LICENSING EVALUATOR NAME: Deanna Villagrana
LICENSING EVALUATOR SIGNATURE:

DATE: 01/31/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/31/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 07-CC-20241204143123
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: ROJAS, ALBERTO
FACILITY NUMBER: 434416040
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/31/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
02/07/2025
Section Cited
CCR
102423(a)(1)
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To be treated with dignity in his/her personal relationship with staff and other persons.
This requirement was not met as evidenced by licensee's assistant Concepcion Salinas Martinez spoke inappropriately in front of children to other adults in the home. This poses a potential risk Health, Safety Personal Rights risk to children in care.
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Licensee will submit a statement stating he has spoke to his assistants and they all understand that they must not talk inappropriately in front of children including speaking poorly of children's parents.
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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: Susy Cervantes
LICENSING EVALUATOR NAME: Deanna Villagrana
LICENSING EVALUATOR SIGNATURE:

DATE: 01/31/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/31/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 5