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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 515404057
Report Date: 08/22/2024
Date Signed: 08/25/2024 04:39:54 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/24/2024 and conducted by Evaluator Laura Chavez
PUBLIC
COMPLAINT CONTROL NUMBER: 13-CC-20240524110052
FACILITY NAME:AVALOS, MARIA FAMILY CHILD CARE HOMEFACILITY NUMBER:
515404057
ADMINISTRATOR:AVALOS, MARIAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(530) 671-4117
CITY:YUBA CITYSTATE: CAZIP CODE:
95991
CAPACITY:14CENSUS: 2DATE:
08/22/2024
UNANNOUNCEDTIME BEGAN:
11:25 AM
MET WITH:Maria AvalosTIME COMPLETED:
01:10 PM
ALLEGATION(S):
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Provider uses inappropriate forms of discipline with daycare children.
INVESTIGATION FINDINGS:
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On 8/22/2024 at 11:25am, Licensing Program Analyst (LPA) Laura Chavez conducted an unannounced complaint inspection and met with licensee Maria Avalos. It was alleged that the provider uses inappropriate forms of discipline with daycare children, specifically that the provider pulled Child #1 by the ear before placing the child in time out.

The licensee was interviewed on 5/30/2024 at 1:15pm, denied the allegation, and stated the only form of discipline used is time-outs typically for less than one minute each time. Additionally, the licensee said she has never and would never pull a child's ear as a form of discipline.

Overall child interviews conducted on 5/30/2024, and 7/11/2024 stated that on several occasions they observed the licensee pulling Child #1’s ear and spanking the child on the buttocks as a form of discipline.

Report continued: See LIC 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Megan Aviles
LICENSING EVALUATOR NAME: Laura Chavez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/22/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/22/2024
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 13-CC-20240524110052
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926
FACILITY NAME: AVALOS, MARIA FAMILY CHILD CARE HOME
FACILITY NUMBER: 515404057
VISIT DATE: 08/22/2024
NARRATIVE
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Based on the evidence obtained, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, (Title 22), is being cited on the attached LIC 9099D.

LPA Laura Chavez informed the licensee that this report dated 8/22/2024 documents one Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Laura Chavez informed the licensee to provide a copy of this licensing report dated 8/22/2024 that documents any Type A citations 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.

An exit interview was conducted, and the report was reviewed with licensee Maria Avalos. Appeal rights were provided.

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: Megan Aviles
LICENSING EVALUATOR NAME: Laura Chavez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/22/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/22/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 13-CC-20240524110052
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 520 COHASSET RD., SUITE 170
CHICO, CA 95926

FACILITY NAME: AVALOS, MARIA FAMILY CHILD CARE HOME
FACILITY NUMBER: 515404057
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/22/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/23/2024
Section Cited
CCR
102423(a)(4)
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Personal Rights - Each child receiving services from a FCCH shall have rights that shall not be waived or abridged by the licensee regardless of consent from the child's authorized representative These rights include: To be free from corporal or unusual punishment, infliction of pain, humiliation,
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The licensee agrees to watch and review the information provided through the departments website:

https://ccld.childcarevideos.org/family-child-
care-providers/childrens-personal-rights-in-child-care/.
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intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature. This requirement was not met as evidenced by: Based on interviews, the licensee did not comply with the section cited above which poses a potential health, safety, or personal rights risk to children in care.
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Once the information on the department's website is reviewed the licensee agrees to provide a written statement on how she will ensure that children’s rights shall be protected at all times. The plan of correction shall be submitted to CCLD on or before 8/23/2024.
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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: Laura Chavez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/22/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/22/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 5