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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 197414289
Report Date: 08/03/2023
Date Signed: 08/03/2023 07:59:17 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, 1000 CORPORATE CENTER DR 200B
MONTEREY PARK, CA 91754
This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/09/2023 and conducted by Evaluator Alicia Mooberry
PUBLIC
COMPLAINT CONTROL NUMBER: 54-CC-20230509101914
FACILITY NAME:GUTIERREZ FAMILY CHILD CAREFACILITY NUMBER:
197414289
ADMINISTRATOR:GUTIERREZ, ERICKAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(909) 953-5522
CITY:COMPTONSTATE: CAZIP CODE:
90222
CAPACITY:14CENSUS: 6DATE:
08/03/2023
UNANNOUNCEDTIME BEGAN:
10:30 AM
MET WITH:Ericka Gutierrez, LicenseeTIME COMPLETED:
02:15 PM
ALLEGATION(S):
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Daycare children witness licensee argue with other adults in the home
Licensee makes daycare children sit on chair for an extended amount of time
Licensee did not treat daycare children with respect
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Alicia Mooberry conducted an unannounced complaint inspection at the above facility to deliver findings for the above allegations. LPA met with Licensee, Ericka Gutierrez, and informed her of the purpose for visit. The licensee provided a tour of the facility. There were 6 children present during the visit. Also present was Jose Bermudez, Spouse/Assistant.

During the course of this investigation, LPA observed the facility during three separate visits, conducted interviews with ten witnesses and obtained pertinent documentation. Interviews conducted confirm that children witness licensee yell at spouse in the home, that licensee and spouse makes daycare children sit on chairs for an extended amount of time and that adults in the home did not treat daycare children with respect.
Based on LPAs interviews conducted and observations made, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. California Code of Regulations, 102423 Personal Rights, are being cited on the attached LIC. 9099D. ----Page 1 - Report Continues
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Valarie Cook
LICENSING EVALUATOR NAME: Alicia Mooberry
LICENSING EVALUATOR SIGNATURE:

DATE: 08/03/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/03/2023
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 4
Control Number 54-CC-20230509101914
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CENTER DR 200B
MONTEREY PARK, CA 91754
FACILITY NAME: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 197414289
VISIT DATE: 08/03/2023
NARRATIVE
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Witnesses interview reported that the children in care are made to sit on plastic chairs while they watch television for extended time. Witnesses reported that they are not allowed to stand up from the chairs or play with friends or toys. Witnesses stated the licensee and the spouse yell at each other and at the children and make “mean faces” and say “I’m tired of you”.

During facility visits on 5/12, 7/20 and 8/3 LPA observed children sitting children in chairs that are spread out in the daycare room. Interview conducted with the Licensee and Spouse acknowledged that the children are required to sit in separate chairs due to behavior issue. The licensee acknowledged that they have a loud voice that might sound like they are mad. LPA discussed with licensee and spouse the requirement to provide safe, healthful, and comfortable accommodations, furnishings, and equipment and to ensure the children are treated with respect.


LPA discussed resources for provider self care and positive behavior classes.
LPA discussed with licensee that complaint the licensing office and inspect the family child care home without discrimination or retaliation against the parents and children

A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled children for the next 12 months (1 year). The Acknowledgement form must be maintained in each child’s file immediately upon receipt from parent. Licensee was provided with a copy of the parent Acknowledgement of Receipt of Licensing Reports Form during this visit.

The Notice of Site Visit (LIC 9213) – must remain posted for 30 days during the hours of operation after each site visit by a licensing representative. Failure to maintain posting as required will result in a civil penalty of $100.00.



Exit interview was conducted. A copy of this report and appeal rights were discussed and left with Licensee, Ericka Gutierrez and Jose Bermudez. Jose Bermudez, spouse signed this form confirm receipt of these documents.
SUPERVISORS NAME: Valarie Cook
LICENSING EVALUATOR NAME: Alicia Mooberry
LICENSING EVALUATOR SIGNATURE:

DATE: 08/03/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/03/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 54-CC-20230509101914
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CENTER DR 200B
MONTEREY PARK, CA 91754

FACILITY NAME: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 197414289
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/03/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/03/2023
Section Cited
CCR
102423(a)
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102423 Personal Rights
(a) Each child receiving services from a family child care home shall ... be treated with dignity in his/her personal relationship with staff and other persons.
This requirement is not met as evidenced by:
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Per licensee, they will be more careful to speak with each other and to the children with respect. The licensee will take a class on self care. The licensee provided a written plan of correction during the visit.
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Based on interviews and observations the licensee did not ensure children are treated with respect due to the licensee and the spouse talk loudly to each other and at the children. This poses a potential risk to the health and safety of children in care.
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Type B
CCR
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Per licensee they will communicate with the kids to make sure they are comfortable. The licensee and spouse will take a class on Positive Behavior and will provide proof by POC due date. A written plan of correction was provided on this date.
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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: Valarie Cook
LICENSING EVALUATOR NAME: Alicia Mooberry
LICENSING EVALUATOR SIGNATURE:

DATE: 08/03/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/03/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 54-CC-20230509101914
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CENTER DR 200B
MONTEREY PARK, CA 91754

FACILITY NAME: GUTIERREZ FAMILY CHILD CARE
FACILITY NUMBER: 197414289
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/03/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/03/2023
Section Cited
CCR
102423(a)
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102423 Personal Rights
(a) Each child receiving services from a family child care home shall ... be treated with dignity and...receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement is not met as evidenced by:
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Per licensee they will communicate with the kids to make sure they are comfortable and allow them the freedom to move about. A written plan of correction was provided on this date. The licensee and spouse will take a class on Positive Behavior and will provide proof by 8/31/23.
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Based on interview and observation, the licensee failed to protect the personal rights of children in care by making children on plastic chairs for long periods of time.
This poses an immediate risk to the health and safety of 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: Valarie Cook
LICENSING EVALUATOR NAME: Alicia Mooberry
LICENSING EVALUATOR SIGNATURE:

DATE: 08/03/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/03/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 4