493009773-10-21-2022-01-CC-AHON-CKLVEX-20221027162303

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 493009773
Report Date: 10/21/2022
Date Signed: 10/21/2022 04:19:03 PM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/05/2022 and conducted by Evaluator Amy Strother

COMPLAINT CONTROL NUMBER: 01-CC-20220805085651

FACILITY NAME:	PEREZ, EMILIO FCCH		FACILITY NUMBER:	493009773
ADMINISTRATOR:	EMILIO PEREZ		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(707) 230-1631
CITY:	SANTA ROSA	STATE: CA	ZIP CODE:	95407
CAPACITY:	14	CENSUS: 4	DATE:	10/21/2022
		UNANNOUNCED	TIME BEGAN:	01:50 PM
MET WITH:	Emilio Perez		TIME COMPLETED:	03:10 PM

ALLEGATION(S):

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Daycare child received an unexplained injury while in care.
Daycare child was bit by another child in care.
Provider not present 80% of the time.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA), Amy Strother made a subsequent complaint investigation inspection, for the purpose of delivering complaint findings, and met with the Licensee, Emilio Perez (L1). It has been alleged that a daycare child (C1) received an unexplained injury while in care, that a daycare child (C1) was bit by another child (C2) in care and that the provider (L1) is not present 80% of the time.

During the initial investigation visit on 08/10/22, LPA requested and received a current roster of children in care. During the investigation LPA Strother reviewed records received and conducted interviews with L1, two staff (S1 & S2), and three adults (A1-A3) from 08/09/22 through 10/18/22.
L1 denied the allegations. L1 stated that he always sends a text to parents if their child is injured in care, further stating that about 2 months ago a parent asked about a mark on a child’s face, but that he and his staff were unaware that an injury occurred and therefore didn’t have anything to report to the parent. L1 did confirm that a daycare child was bit by another child in care, although denied that it was due to a violation of the child’s personal rights or a lack of supervision.

Continue on LIC9099-C

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:	DATE: 10/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/21/2022

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 01-CC-20220805085651

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: PEREZ, EMILIO FCCH	FACILITY NUMBER: 493009773
	VISIT DATE: 10/21/2022

NARRATIVE

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L1 gave examples of strategies that were put in place by staff to address Child 2’s (C2’s) biting. L1 stated that staff separate the children into small groups, specifically keeping the child (C2) who bit child (C1) on three occasions (05/27/22, 06/23/22, and 08/04/22) in separate groups, when possible, use “time-outs” away from other children stating, “No biting” to C2 if they do bite, and that staff introduced a pacifier to C2 for use as a device to keep C2’s mouth busy. L1 stated that he was able to know the dates of the biting incidents by looking at text messages sent to C1’s parent informing them of the injury. L1 denied that he is not present 80% of the time, stating that he is at his home working with the children with the exception of taking his brother to school and occasionally shopping for supplies for the day care.

Interviews conducted with L1 and one adult and a review of records confirm that C1 did sustain an injury to the face in April 2022 that was unexplained, however there is not a preponderance of evidence to suggest that staff were aware of the injury or that it occurred while in care. Based on interviews conducted and records reviewed, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that an alleged violation occurred, therefore the allegation is UNSUBSTANTIATED.

Interviews conducted and records reviewed confirm that C1 sustained bites from C2 over a 10 week period of time (05/27/22, 06/23/22 and 08/04/22). Staff and 2 adults corroborate that L1 communicated with the parents of C1 and C2 and with staff about C2’s biting behavior and made reasonable effort to prevent the behavior from reoccurring, by separating C2 from other children when possible, using discipline strategies and providing a pacifier for oral stimulation. Based on this investigation, although there have been a few recent biting incidents, there is not a preponderance of evidence to show there is a lack of supervision or that staff are allowing C2 to bite C1. Based on interviews conducted and records reviewed, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that an alleged violation occurred, therefore the allegation is UNSUBSTANTIATED.
Interviews with staff and 2 adults corroborate L1’s statement that he is present 80% of the time. One adult stated L1 is present when they drop their child off and at pick up time. Staff interviewed stated that L1 does leave the home to run errands to buy groceries for the day care children on occasion, but then returns to care for the children and is present 80% of the time. Based on interviews conducted, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that an alleged violation occurred, therefore the allegation is UNSUBSTANTIATED.

Continue on LIC9099-C

SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:	DATE: 10/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/21/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 01-CC-20220805085651

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: PEREZ, EMILIO FCCH	FACILITY NUMBER: 493009773
	VISIT DATE: 10/21/2022

NARRATIVE

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There were no Title 22 deficiencies cited during today's inspection.

Exit interview conducted and report was reviewed with License, Emilio Perez. 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.

LPA provided technical assistance by way of providing articles written about understanding and responding to children who bite. LPA requested that L1 review the material and provide additional training for staff.

SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:	DATE: 10/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/21/2022

LIC9099 (FAS) - (06/04)

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