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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 493010001
Report Date: 01/14/2025
Date Signed: 01/14/2025 11:13:24 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA CC RO, 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
11/05/2024 and conducted by Evaluator Amy Strother
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20241105113330
FACILITY NAME:LINO-MARTINEZ, MARGARET FCCHFACILITY NUMBER:
493010001
ADMINISTRATOR:LINO-MARTINEZ, MARGARETFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(707) 205-9805
CITY:SANTA ROSASTATE: CAZIP CODE:
95401
CAPACITY:14CENSUS: 4DATE:
01/14/2025
UNANNOUNCEDTIME BEGAN:
09:40 AM
MET WITH:Margaret "Victoria" Lino-MartinezTIME COMPLETED:
11:27 AM
ALLEGATION(S):
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Licensee inappropriately handled day care children
INVESTIGATION FINDINGS:
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A follow-up compliant investigation visit was made by Licensing Program Analyst (LPA), Amy Strother to deliver complaint investigation findings. It has been alleged that the Licensee inappropriately handled day care children, specifically that the Licensee picked two different children up by their forearms when removing the children from the hallway of the home. LPA met with Licensee, Margaret “Victoria” Lino-Martinez.

During the initial investigation inspection on 11/13/24, LPA Strother conducted interviews with the Licensee (L1) and one staff member present (S1) and obtained a current roster of children in care. No children present in care were qualified to be interviewed. Both L1 and S1 denied the allegation. L1 stated that she takes children by the hand if she wants them to move children or picks them up and carries them. S1 stated that she has never witnessed L1 pick children up by their arm or hand, stating that she observes L1 turn children in the direction she wants them to go by placing her hands on their backs and guiding them in the direction she wants them to go with her voice or has observed L1 pick children up under their armpits to carry them.

Continue on PAGE 2
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Megan Aviles
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:

DATE: 01/14/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/14/2025
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 01-CC-20241105113330
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA CC RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
FACILITY NAME: LINO-MARTINEZ, MARGARET FCCH
FACILITY NUMBER: 493010001
VISIT DATE: 01/14/2025
NARRATIVE
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PAGE 2

During the investigation LPA conducted interviews with three adults (A1 – A3) between 12/06/24 and 12/11/24 and made attempts to interview adult A4 on 12/06/24 and 01/10/25. A1 reported that on 11/05/24 they observed children running around in the house and down the hallway. A1 reported that L1 didn’t seem to want children in the hallway and was observed picking up two different children by their forearms, one and then the other, to remove them from the hallway, stating that although L1 didn’t appear angry, it was an inappropriate way to handle a child. A2 and A3 did not report ever witnessing L1 inappropriately handling children.

Based on the interview with A1, there is a preponderance of evidence to indicate that L1 used an inappropriate method to move two children in care out of the hallway on 11/05/24 therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22), is being cited on the attached LIC9099 Deficiency page. Appeal rights were provided.

LPA provided L1 with a handout from Kaiser Permanente thrive on the topic of Nursemaid’s Elbow, a condition that can occur when a child is pulled or lifted while their arm is held straight.

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.

Exit interview conducted and report was reviewed with the licensee, Margaret Lino-Martinez.
SUPERVISORS NAME: Megan Aviles
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:

DATE: 01/14/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/14/2025
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 ROSA CC RO, 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
11/05/2024 and conducted by Evaluator Amy Strother
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20241105113330

FACILITY NAME:LINO-MARTINEZ, MARGARET FCCHFACILITY NUMBER:
493010001
ADMINISTRATOR:LINO-MARTINEZ, MARGARETFACILITY TYPE:
810
ADDRESS:1000 BORDEN VILLA DRIVETELEPHONE:
(707) 205-9805
CITY:SANTA ROSASTATE: CAZIP CODE:
95401
CAPACITY:14CENSUS: 4DATE:
01/14/2025
UNANNOUNCEDTIME BEGAN:
09:40 AM
MET WITH:Margaret "Victoria" Lino-MartinezTIME COMPLETED:
11:27 AM
ALLEGATION(S):
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Licensee did not provide adequate supervision
INVESTIGATION FINDINGS:
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A follow-up compliant investigation visit was made by Licensing Program Analyst (LPA), Amy Strother to deliver complaint investigation findings. It has been alleged that the Licensee did not provide adequate supervision, specifically that the Licensee left a child alone on the couch after a diaper change, resulting in the child rolling off the couch. LPA met with Licensee, Margaret “Victoria” Lino-Martinez.

During the initial investigation inspection on 11/13/24, LPA Strother conducted interviews with the Licensee (L1) and one staff member present (S1) and obtained a current roster of children in care. No children present in care were qualified to be interviewed. Both L1 and S1 denied the allegation. L1 stated that she recently removed her changing table from the home and before replacing it with a wall mounted changing station, she did use a mat on the couch to change diapers. L1 further stated that three out of four children in care can get down from the couch on their own, the other is a very young infant, and no child has ever fell from the couch. S1 stated that she has never observed diapers changed on the couch when she has been working and has never witnessed a child fall off of the couch.

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Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Megan Aviles
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:

DATE: 01/14/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/14/2025
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 01-CC-20241105113330
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA CC RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
FACILITY NAME: LINO-MARTINEZ, MARGARET FCCH
FACILITY NUMBER: 493010001
VISIT DATE: 01/14/2025
NARRATIVE
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PAGE 2

During the investigation LPA conducted interviews with three adults (A1 – A3) between 12/06/24 and 12/11/24 and made attempts to interview adult A4 on 12/06/24 and 01/10/25. A1 reported that on 11/05/24 they observed L1 change a child’s diaper on the couch, L1 leave the child alone on the couch while throwing away the soiled diaper and witnessed the child roll off the couch. A1 was unsure of the child’s age but believed that the child was able to crawl and appeared to be about 2 years old. A2 reported that they have never had any concerns and believes that L1 provides a safe environment, along with being very accommodating and flexible. A2 reported that their child is capable of getting on and off of a couch on their own. A3 reported that they do not have any concerns about the care being providing, stating that their child is not yet mobile. On 11/19/24 L1 provided LPA Strother with the names of the children who were in care on 11/04/24 and 11/05/24. LPA identified the children on the facility roster as the same children who were present during LPA’s initial inspection on 11/13/24. Based on LPA’s observations, 3 of the 4 children present, were physically capable of getting on and off the couch unassisted, although LPA did observe S1 sitting close by as one of the children got down from the couch. The fourth child in care was a young infant and was observed to be napping in a play yard or in a care givers arms during the visit.

Based on interviews conducted and LPA observations, 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.

This report was reviewed and discussed with the Licensee. Appeal Rights were provided.

Notice of Site Visit shall be posted for 30 days from today's visit.
SUPERVISORS NAME: Megan Aviles
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:

DATE: 01/14/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/14/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 01-CC-20241105113330
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA CC RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: LINO-MARTINEZ, MARGARET FCCH
FACILITY NUMBER: 493010001
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/14/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
01/28/2025
Section Cited
CCR
102423(a)(1)
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102423(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. These rights include, but are not limited to, the following: (1) To be treated with dignity in his/her personal relationship with staff and other persons.

This requirement was not met as evidenced by:
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Licensee will email LPA Strother a written statement outlining how she plans to get children to move from one location to another in a safe manner. LPA's email: amy.strother@dss.ca.gov
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Based on interview, on 11/05/24 L1 was observed removing two different children from the hallway by picking the children up by their forearms to move them to another location, which posed a potential Health and Safety and Personal Rights risk to 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: Megan Aviles
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:

DATE: 01/14/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/14/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 5