198020326-9-18-2024-33-CC-BVON-D9QTY9-20241004150820

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198020326
Report Date: 09/18/2024
Date Signed: 09/18/2024 03:21:27 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MONTEREY PARK CC RO, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/23/2024 and conducted by Evaluator Saul Valenzuela

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20240523113113

FACILITY NAME:	CANCHOLA & GUILLEN FAMILY CHILD CARE		FACILITY NUMBER:	198020326
ADMINISTRATOR:	J CANCHOLA & G. GUILLEN		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(909) 802-6239
CITY:	PICO RIVERA	STATE: CA	ZIP CODE:	90660
CAPACITY:	14	CENSUS: 4	DATE:	09/18/2024
		UNANNOUNCED	TIME BEGAN:	01:30 PM
MET WITH:	Licensee, Gerardo "Alex" Guillen		TIME COMPLETED:	03:30 PM

ALLEGATION(S):

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Staff is under the influence while working at the day care.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Saul Valenzuela and Roxana Lopez conducted an unannounced follow-up complaint inspection to deliver findings on the above allegation. LPA met with Licensees, Gerardo “Alex” Guillen, to whom the reason for the visit was explained. Licensee guided LPA on a tour of the facility. LPAs observed 4 children, Licensee, and Licensee’s assistant present at the facility during this inspection.

During this investigation LPA conducted interviews with Reporting Party (RP), Licensee #1, Licensee #2, staff #1 (S1), staff #2 (S2), child #1 (C1), child #2 (C2), child #3 (C3), Parent #1 (P1), Parent #2 (P2), Parent #3 (P3), Parent #4 (P4), and Parent #5 (P5). LPAs also obtained documents related to complaint allegation, including but not limited to, a copy of the Children’s Roster (LIC 9040), Declaration Statement (LIC 855), other pertinent documents directly related to the allegation about Staff #1.
According to the allegation, Staff #1 is under the influence while working at the day care.

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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Saul Valenzuela
LICENSING EVALUATOR SIGNATURE:	DATE: 09/18/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/18/2024

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 33-CC-20240523113113

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MONTEREY PARK CC RO, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: CANCHOLA & GUILLEN FAMILY CHILD CARE	FACILITY NUMBER: 198020326
	VISIT DATE: 09/18/2024

NARRATIVE

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On 9/18/2024, Monterey Park Regional Office received a complaint that S1 was under the influence while working at Canchola & Guillen Family Child Care Home. The allegation was cross reported by another agency because S1 has an open case with this agency. S1 was required to submit a toxicology test on Monday 4/15/2024 however, S1 never appeared to conduct their test on 4/15/2024, “due to their work schedule”. S1 completed their toxicology test on 4/16/2024, and results dated 4/23/2024 indicates that S1 tested positive for Amphetamine and Methamphetamine.

During the investigation, LPA interviewed S1 and asked for their work schedule. According to S1 they work Monday through Friday from 7:00 am to 6:00 pm. Licensee Gerardo Guillen disclosed that there have been no breaks in care and “that’s why we can count on them” when referring to S1. Licensee Gerardo, was unable to provide date of absences during the month of April, only indicating that S1 had to leave early one day, but “came back”, no date was provided. Time sheets were unavailable for review as Licensee, states that would verify staff attendance via ring camera. Licensee states that recently they have been having S1 and S2 fill out time sheets within the last month.

According to S1 they are left alone with the children for “maybe one and half or two” hours when Licensee Gerardo leaves the home to pick up the children from school or when he is teaching CPR classes. P1 states that an “older lady” is the main caretaker, and that she would be present at the home during pick up and drop off. During parent interviews, it was disclosed that there were no breaks in care provided in April 2024 by S1, and that S1 will also meet parents at the door.

Investigation revealed that licensee Gerardo was aware of the incident involving S1, which was not reported to the department.

LPA conducted interview with licensee Gerardo on 9/18/2024, Licensee was asked if they were aware of the open case involving S1. Licensee stated that they became aware of the results the day of the meeting. Per Licensee, the results came out to be positive during a long weekend- when S1 was not working.

Per Licensee during the month of April they would have had the same children present as of today- so therefore there were 3 or 4 children present in the home on 4/15/2024 and 4/16/2024. S1 stated that Licensee Gerardo is aware of their open case and the positive toxicology results.
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SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Saul Valenzuela
LICENSING EVALUATOR SIGNATURE:	DATE: 09/18/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/18/2024

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20240523113113

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MONTEREY PARK CC RO, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: CANCHOLA & GUILLEN FAMILY CHILD CARE	FACILITY NUMBER: 198020326
	VISIT DATE: 09/18/2024

NARRATIVE

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Licensee states that they were aware that S1 had to leave early on 4/16/2024 to conduct their toxicology test. Per S1 they continued working at the home after they were notified of the positive toxicology result. S1 stated that Licensee Gerardo was present during a meeting on 5/14/2024 about their case where drug usage was discussed. Licensee confirmed that they were present at the meeting and that S1’s drug usage was discussed. Drug usage was discussed with LPA, and is being positively addressed.

Based on interviews conducted by the LPA and the licensee’s own statements, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 & chapter 1), are being cited on the attached LIC 9099D.

LPAs Saul Valenzuela and Roxana Lopez informed licensee Gerardo Guillen that this report dated 9/18/2024 document one Type A citation which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPAs Saul Valenzuela and Roxana Lopez informed the licensees Gerardo Guillen to provide a copy of this licensing report dated 9/18/2024 that documents any Type A citation(s) 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.

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.

An exit interview conducted, and the report was reviewed with Licensee, Gerardo Guillen.
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SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Saul Valenzuela
LICENSING EVALUATOR SIGNATURE:	DATE: 09/18/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/18/2024

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20240523113113

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MONTEREY PARK CC RO, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: CANCHOLA & GUILLEN FAMILY CHILD CARE	FACILITY NUMBER: 198020326
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/18/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 09/19/2024 Section Cited CCR 102402(a)(3)	1 2 3 4 5 6 7	(3) Conduct in the operation..... of a family day care home which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of the State of California. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	Per Licensee and Staff #1, they will provide LPAs with negative toxicology results via email.
	8 9 10 11 12 13 14	Based on record review and interviews, the licensee did not comply with the section cited above in that staff # 1 tested postive for control substances while providing care for children, which poses/posed an immediate health, safety or personal rights risk to persons 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: Brandi VanOosten
LICENSING EVALUATOR NAME: Saul Valenzuela
LICENSING EVALUATOR SIGNATURE:	DATE: 09/18/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/18/2024

LIC9099 (FAS) - (06/04)

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