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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 173010786
Report Date: 10/23/2025
Date Signed: 10/30/2025 10:05:52 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
07/24/2025 and conducted by Evaluator Sebastian Phouthavong
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20250724181709
FACILITY NAME:MCBRAYER, MICHELLE FCCHFACILITY NUMBER:
173010786
ADMINISTRATOR:MICHELLE MCBRAYERFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(707) 350-5345
CITY:CLEARLAKESTATE: CAZIP CODE:
95422
CAPACITY:14CENSUS: 1DATE:
10/23/2025
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Michelle McBrayer TIME COMPLETED:
09:30 AM
ALLEGATION(S):
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Licensee allowed smoking (marijuana) in the presence of children in care.
INVESTIGATION FINDINGS:
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A subsequent complaint investigation visit was conducted today by Licensing Program Analyst (LPA), Sebastian Phouthavong who met with Licensee, Michelle McBrayer (LS) for the purpose of delivering complaint investigation finding for the above allegation. LPA, previously conducted an inspection on 07/29/2025 to initiate the investigation and met with Licensee to discuss the allegation, conduct interview(s), make observations, and request documents. LPA also conducted a follow up inspection on 09/30/2025. It’s alleged that Licensee allowed smoking in the presence of children in care.

During the course of the investigation, LPA conducted interviews with Licensee (LS), two Staff (S1 & S2), one Teenager (T1), five children (C1 - C5) and four Adults (A2 – A6) from 07/29/2025 to 10/17/2025. LPA also attempted four additional Adult Interviews (A1, A7 – A9) on 10/16/2025. LS admitted the facility often has early drop offs in the morning, during which T1 and S2 would smoke in the garage. LS further stated S2 would try to remove the smell of the smoke before S2 provides care to children.
(Continued on LIC 9099-C)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Melinda Mohr
LICENSING EVALUATOR NAME: Sebastian Phouthavong
LICENSING EVALUATOR SIGNATURE:

DATE: 10/23/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/23/2025
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-20250724181709
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: MCBRAYER, MICHELLE FCCH
FACILITY NUMBER: 173010786
VISIT DATE: 10/23/2025
NARRATIVE
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(Continued from LIC 9099)

According to evidence received by the department, children initially described themselves as being encouraged to smoke by T1 and S2. Furthermore, interview with Adult (A5) revealed they observed LS smoking in the facility.

In accordance with California Code of Regulations 102424 Smoking Prohibition, Smoking is prohibited on the premises of a family child care home as specified in Health and Safety Code Section 1596.795(a).

Based on the information gathered during this investigation, the preponderance of the evidence standard has been met. Therefore, the allegation are determined to be substantiated. California Code of Regulations, Title 22, is being cited on the attached LIC 9099-D. Appeal rights were provided. An exit interview was conducted, and this report was read and discussed with the facility’s Licensee, Michelle McBrayer. The Notice of Site Visit shall be posted for 30 days.

SUPERVISORS NAME: Melinda Mohr
LICENSING EVALUATOR NAME: Sebastian Phouthavong
LICENSING EVALUATOR SIGNATURE:

DATE: 10/23/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/23/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 01-CC-20250724181709
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: MCBRAYER, MICHELLE FCCH
FACILITY NUMBER: 173010786
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/23/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
11/13/2025
Section Cited
CCR
102424(a)
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102424(a) Smoking Prohibition: Smoking is prohibited on the premises of a family child care home as specified in Health and Safety Code Section 1596.795(a). This requirement is not met as evidenced by:
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During today's visit, licensee submitted a statement to ensure no smoking occurs when providing care for children. POC cleared during today's viist
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Based on Licensee’s interview, residents would be smoking in the facility’s garage when providing care to children in the morning. Additionally, from A5’s interview, Licensee was observing smoking at the facility. This poses a potential health risk to the 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: Melinda Mohr
LICENSING EVALUATOR NAME: Sebastian Phouthavong
LICENSING EVALUATOR SIGNATURE:

DATE: 10/23/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/23/2025
LIC9099 (FAS) - (06/04)
Page: 3 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
07/24/2025 and conducted by Evaluator Sebastian Phouthavong
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20250724181709

FACILITY NAME:MCBRAYER, MICHELLE FCCHFACILITY NUMBER:
173010786
ADMINISTRATOR:MICHELLE MCBRAYERFACILITY TYPE:
810
ADDRESS:15065 HIGHLANDS HARBOR ROADTELEPHONE:
(707) 350-5345
CITY:CLEARLAKESTATE: CAZIP CODE:
95422
CAPACITY:14CENSUS: DATE:
10/23/2025
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Michelle McBrayer TIME COMPLETED:
09:30 AM
ALLEGATION(S):
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Licensee did not prevent a guest from hitting a child in care
INVESTIGATION FINDINGS:
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A subsequent complaint investigation visit was conducted today by Licensing Program Analyst (LPA), Sebastian Phouthavong who met with Licensee, Michelle McBrayer (LS) for the purpose of delivering complaint investigation finding for the above allegation. LPA, previously conducted an inspection on 07/29/2025 to initiate the investigation and met with Licensee to discuss the allegation, conduct interview(s), make observations, and request documents. LPA also conducted a follow up inspection on 09/30/2025. It is alleged Licensee did not prevent a guest from hitting a child in care; specifically, that T1 hit a child in care.

During the course of the investigation, LPA conducted interviews with Licensee (LS), two Staff (S1 & S2), one Teenager (T1), children (C1 - C5) and four Adults (A2 – A6) from 07/19/2025 to 10/17/2025. LPA also attempted four additional Adult Interviews (A1, A7 – A9) on 10/16/2025. LS denied the allegation. LS stated that T1 is not a staff member and does not provide supervision or care for children at the facility, T1 is never alone with the children.
(Continued on LIC 9099-C)
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Melinda Mohr
LICENSING EVALUATOR NAME: Sebastian Phouthavong
LICENSING EVALUATOR SIGNATURE:

DATE: 10/23/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/23/2025
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 01-CC-20250724181709
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: MCBRAYER, MICHELLE FCCH
FACILITY NUMBER: 173010786
VISIT DATE: 10/23/2025
NARRATIVE
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Continued from LIC 9099-A.

However, LS stated that T1 does reside at the facility and does interact with the older children under LS or S1’s supervision. LS stated that children do not get hit at the facility and if a child misbehaves, the child would be sent to time out and would write a statement as a way of discipline. Interviews from Staff (S1 & S2) stated T1 does not assist with the daycare and is never alone with the children. Staff (S1 & S2) did state that T1 does play with the older children and S2 further stated that T1 is around children when S2 is assisting with the daycare. Furthermore, Staff (S1 & S2) stated that if a child misbehaves, they must take time out, corroborating with LS’s statement.

A statement from T1 stated to have assisted LS’s daycare by doing tasks including cleaning and setting up lunches, however, they are never alone with the children. T1 also stated to have never hit any children.

According to evidence received by the department, children initially described that T1 was given permission by LS to hit children and T1 had previously hit children in care. LPA interviews did not provide any verifying information about the incident; no corroborating evidence was revealed.

Children interviews (C4 & C5) stated there was a previous time when Staff member was observed spanking child at the facility. Interviews conducted by Children (C1 – C3) and Adults (A3 – A6) did not have any current concerns with the facility at this time.

Based on the information gathered during this investigation, although the allegations may have happened or is valid, there is not a preponderance of evidence to prove that the allegation occurred and therefore are determined to be unsubstantiated. There were no Title 22 deficiencies cited. This report was reviewed and discussed with the Licensee, Michelle McBrayer. Appeal rights were provided. Notice of Site Visit shall be posted for 30 days from today's visit.

SUPERVISORS NAME: Melinda Mohr
LICENSING EVALUATOR NAME: Sebastian Phouthavong
LICENSING EVALUATOR SIGNATURE:

DATE: 10/23/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/23/2025
LIC9099 (FAS) - (06/04)
Page: 5 of 5