136609875-2-3-2022-20-CC-CGRY-CBENMY-20220207093551

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 136609875
Report Date: 01/21/2022
Date Signed: 02/03/2022 02:58:26 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, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/01/2021 and conducted by Evaluator Adrian Castellon

PUBLIC

COMPLAINT CONTROL NUMBER: 20-CC-20211101081421

FACILITY NAME:	CHAVEZ, GRACIELA FAMILY CHILD CARE		FACILITY NUMBER:	136609875
ADMINISTRATOR:	GRACIELA CHAVEZ		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(760) 344-5048
CITY:	BRAWLEY	STATE: CA	ZIP CODE:	92227
CAPACITY:	14	CENSUS: 8	DATE:	01/21/2022
		UNANNOUNCED	TIME BEGAN:	10:15 AM
MET WITH:	Graciela Chavez		TIME COMPLETED:	12:45 PM

ALLEGATION(S):

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Provider did not log infant sleep log.

INVESTIGATION FINDINGS:

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On 01/21/21 at 10:15am, Licensing Program Analyst (LPA) Adrian Castellon conducted an unannounced inspection to deliver complaint findings for the above allegation. LPA Castellon met with licensee Graciela Chavez and discussed the purpose of the inspection. It was alleged that the licensee failed to keep a safe sleep log for a child in care. During the course of the investigation, two unannounced inspections were conducted. Interviews were conducted with day-care parents, facility staff, day-care children, and a person from an outside agency. LPA Castellon also obtained a report from an outside agency. LPA took pictures and obtained documents pertaining to the investigation. Based on the licensee's admission and the outside agency's report, the allegation that the licensee did not keep a safe sleep log is substantiated. Licensee failed to keep a safe sleep plan for three children from 10/05/21 thru 10/14/21. As such, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. Violations of the California Code of Regulations, Tittle 22, are being cited on the attached LIC9099D. Final findings delivered as substantiated, a type ‘B’ violation is being issued, as the situation posed a potential risk.

This is an amended version of the original report created on 01/21/2022.

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Cynthia Gray
LICENSING EVALUATOR NAME: Dana Stevens
LICENSING EVALUATOR SIGNATURE:	DATE: 02/03/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/03/2022

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

LIC9099 (FAS) - (06/04)

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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/01/2021 and conducted by Evaluator Adrian Castellon

COMPLAINT CONTROL NUMBER: 20-CC-20211101081421

FACILITY NAME:	CHAVEZ, GRACIELA FAMILY CHILD CARE		FACILITY NUMBER:	136609875
ADMINISTRATOR:	GRACIELA CHAVEZ		FACILITY TYPE:	810
ADDRESS:	640 NORTH CESAR CHAVEZ STREET		TELEPHONE:	(760) 344-5048
CITY:	BRAWLEY	STATE: CA	ZIP CODE:	92227
CAPACITY:	14	CENSUS: 8	DATE:	01/21/2022
		UNANNOUNCED	TIME BEGAN:	10:15 AM
MET WITH:	Graciela Chavez		TIME COMPLETED:	12:45 PM

ALLEGATION(S):

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9

Provider yells at day care children.

Provider left day care children outside while sleeping.

Daycare children nap with mask on.

INVESTIGATION FINDINGS:

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On 01/21/21 at 10:15am, Licensing Program Analyst (LPA) Adrian Castellon conducted an unannounced inspection to deliver complaint findings for the above allegations. LPA Castellon met with licensee Graciela Chavez and discussed the purpose of the inspection. It was alleged that: 1) Provider yells at day care children. 2) Provider left day care children outside while sleeping and 3) Daycare children nap with masks on. During the course of the investigation, two unannounced inspections were conducted. Interviews were conducted with day-care parents, facility staff, day-care children, and an analyst from an outside agency. LPA Castellon also obtained a report from an outside agency. LPA also took pictures and obtained documents pertaining to the investigation. There were no interviews that could corroborate the allegations. Due to conflicting statements obtained during the course of the investigation, the above allegation is deemed to be UNSUBSTANTIATED meaning that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the alleged allegations occurred. A copy of today's report, Notice of Site Visit and appeals rights given to the licensee. An exit interview was conducted with the licensee and licensee stated that she understood. Notice of Site Visit should be posted for 30 days from today's date.

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Cynthia Gray
LICENSING EVALUATOR NAME: Adrian Castellon
LICENSING EVALUATOR SIGNATURE:	DATE: 01/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/21/2022

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

LIC9099 (FAS) - (06/04)

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Control Number 20-CC-20211101081421

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: CHAVEZ, GRACIELA FAMILY CHILD CARE	FACILITY NUMBER: 136609875
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/21/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 01/21/2022 Section Cited CCR 102425(j)(d)	1 2 3 4 5 6 7	102425 INFANT SAFE SLEEP(j)(2)(d): (j) The provider shall supervise infants while they are sleeping and adhere to the following requirements: (2) The provider shall check and document the following: (D) Documentation shall be maintained in the infant’s file and be available to the Department for review.	1 2 3 4 5 6 7	Licensee Chavez has resumed keeping the infants sleep logs up to date. Licensee was able to provide proof of the correction during this date's inspection.
	8 9 10 11 12 13 14	Documentation shall include the following: a. Date. b. Infant’s name. c. Time of each 15-minute check. This requirement was not met as evidenced by: licensee failed to keep a safe sleep log for three children in care which poses a potential health and safety risk to children in care.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Cynthia Gray
LICENSING EVALUATOR NAME: Adrian Castellon
LICENSING EVALUATOR SIGNATURE:	DATE: 01/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/21/2022

LIC9099 (FAS) - (06/04)

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