198020794-9-1-2022-33-CC-CGUA-CJHSW8-20220922141352

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198020794
Report Date: 09/01/2022
Date Signed: 09/01/2022 09:38:47 AM

Unsubstantiated

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 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
07/15/2022 and conducted by Evaluator Betty Bell

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20220715112603

FACILITY NAME:	BYER FAMILY CHILD CARE		FACILITY NUMBER:	198020794
ADMINISTRATOR:			FACILITY TYPE:	810
ADDRESS:			TELEPHONE:
CITY:		STATE:	ZIP CODE:
CAPACITY:	8	CENSUS:	DATE:	09/01/2022
		UNANNOUNCED	TIME BEGAN:	08:25 AM
MET WITH:	Licensee Tamera Byer		TIME COMPLETED:	09:30 AM

ALLEGATION(S):

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Licensee yelled at day care children

Licensee made inappropriate comments to day care child

INVESTIGATION FINDINGS:

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On this date, 09/01/22, an unannounced, in person, follow up Complaint inspection was conducted by Licensing Program Analyst (LPA) Emiko Bell. Upon arrival, LPA was greeted and let into the residence by Licensee Tamera Byer, to whom the purpose of the inspection was announced. The purpose of the inspection was to provide the findings of the Complaint investigation.

Throughout the duration of the inspection, LPA Bell wore a face covering as a COVID-19 precautionary measure and the COVID-19 screening questions were posed; all were responded to with “No.” (See 185-C.)

Census: There were two adults and two minors present (neither are daycare children).

Throughout the course of the investigation, interviews were conducted with Reporting Party, licensee, one child, one adult and three parents; documentation in the form of the Child Care Facility Roster was obtained.

Unsubstantiated

Estimated Days of Completion:

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 09/01/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2022

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 8

Control Number 33-CC-20220715112603

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 CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: BYER FAMILY CHILD CARE	FACILITY NUMBER: 198020794
	VISIT DATE: 09/01/2022

NARRATIVE

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-Pertaining to the allegation that “Licensee yelled at day care children”:

This allegation refers to a daycare child who stated that licensee yelled at them two days in a row for crying.

The child was enrolled July 6-July 8.

Per Reporting Party and Child #1 (C1), licensee yelled at C1 on July 6 and July 7 for crying. When asked why they were crying, C1 stated that on July 6, they were scared because it was their first day and they missed their mother and father. Also, C1 states that licensee yelled at them on their second day, July 7, because they used a restroom which is only meant for “potty training” and that licensee also yelled at other children. When asked whether any of the other adults yelled at them or other children, C1 said no, it was only licensee. When asked how they felt when licensee yelled at them or other children, C1 stated that they felt scared.

Per Adult #1, C1 is a sensitive child and cries a lot because they miss their mother.

Licensee denies yelling at C1, but corroborates that on July 6, C1 began to cry during naptime and asked for their iPad. Though initially denied the iPad, once it was given to them, C1 was fine and stopped crying.

No disclosures were made by the three parents interviewed.

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 09/01/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 8

Control Number 33-CC-20220715112603

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 CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: BYER FAMILY CHILD CARE	FACILITY NUMBER: 198020794
	VISIT DATE: 09/01/2022

NARRATIVE

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As there were no corroborating statements made to support that licensee yelled at daycare children, the allegation has been determined to Unsubstantiated.

This agency has investigated the complaint alleging that “Licensee yelled at day care children” and that there was a violation of Title 22, Division 12, Chapter 1, Article 6, Section 102423 Personal Rights. Based upon the evidence as presented above, the allegation has been determined to be Unsubstantiated. A finding of Unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur.

No deficiencies are being cited for the allegation listed above.

- Pertaining to the allegation that “Licensee made inappropriate comments to day care child”:

This refers to an allegation that on July 6, licensee told a daycare child to stop crying because “cry babies are not allowed in the house.”

Per C1, this statement was made after licensee yelled at them for crying (which licensee corroborated that C1 was crying during naptime).

No disclosures were made by the three parents interviewed.

As there were no corroborating statements made to support that licensee yelled at daycare children, the allegation has been determined to Unsubstantiated.

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 09/01/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2022

LIC9099 (FAS) - (06/04)

Page: 3 of 8

Control Number 33-CC-20220715112603

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 CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: BYER FAMILY CHILD CARE	FACILITY NUMBER: 198020794
	VISIT DATE: 09/01/2022

NARRATIVE

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This agency has investigated the complaint alleging that “Licensee made inappropriate comments to day care child” and that there was a violation of Title 22, Division 12, Chapter 1, Article 6, Section 102423 Personal Rights. Based upon the evidence as presented above, the allegation has been determined to be Unsubstantiated. A finding of Unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur.

No deficiencies are being cited for the allegation listed above.

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.

Exit interview was conducted and report was reviewed with Licensee Tamera Byer.

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 09/01/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2022

LIC9099 (FAS) - (06/04)

Page: 4 of 8

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 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
07/15/2022 and conducted by Evaluator Betty Bell

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20220715112603

FACILITY NAME:	BYER FAMILY CHILD CARE		FACILITY NUMBER:	198020794
ADMINISTRATOR:	TAMERA R. BYER		FACILITY TYPE:	810
ADDRESS:	366 ROOSEVELT AVE		TELEPHONE:	(626) 814-5022
CITY:	POMONA	STATE: CA	ZIP CODE:	91767
CAPACITY:	8	CENSUS:	DATE:	09/01/2022
		UNANNOUNCED	TIME BEGAN:	08:25 AM
MET WITH:	Licensee Tamera Byer		TIME COMPLETED:	09:30 AM

ALLEGATION(S):

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Day care home does not allow children privacy when using the restroom

INVESTIGATION FINDINGS:

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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 09/01/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2022

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

LIC9099 (FAS) - (06/04)

Page: 5 of 8

Control Number 33-CC-20220715112603

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 CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: BYER FAMILY CHILD CARE	FACILITY NUMBER: 198020794
	VISIT DATE: 09/01/2022

NARRATIVE

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-Pertaining to the allegation that “Day care home does not allow children privacy when using the restroom”:

This allegation refers to a bathroom which was installed in licensee’s residence of which licensing was not notified. There is a toilet and a sink. It is located behind the daycare room, directly facing the backyard and licensee’s garage. There is a window through which someone can look from the garage into the bathroom or vice versa as well as a window which faces the backyard through which someone in the backyard could peer through and vice versa. When LPA inspected on July 21, there was a shower curtain and running water, though the shower curtain only divided the toilet and sink area from the daycare room—there was no barrirer between the bathroom and garage nor the bathroom and the backyard.

Per C1, this is the bathroom they were instructed to use by Staff #2. On July 6, C1 stated that they only washed their hands in the sink; on July 7, C1 states that they changed their clothes from their pajamas to regular clothes and that a daycare child of the opposite gender walked in on them, but after they had finished getting dressed. When asked whether there was a shower curtain on July 6 or July 7, both RP and C1 replied that there was not. According to licensee, this bathroom is for potty training. However, there is nothing indicating that it is only used for potty training nor were there any barriers or preventing any adult or child from using that restroom at any time.

Based upon LPA’s own observations of the bathroom in question, the allegation that “Day care home does not allow children privacy when using the restroom” has been determined to Substantiated.

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 09/01/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2022

LIC9099 (FAS) - (06/04)

Page: 7 of 8

Control Number 33-CC-20220715112603

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 CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: BYER FAMILY CHILD CARE	FACILITY NUMBER: 198020794
	VISIT DATE: 09/01/2022

NARRATIVE

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A finding of Substantiated means that the preponderance of evidence standard has been met. California Code of Regulations, Title 22, Division 12, Chapter 1, Article 06, Section 102423 "Personal Rights" is being cited on the attached LIC 9099D.

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.

LPA Emiko Bell informed Licensee Tamera Byer that this report dated 09/01/22 documents one Type A citations 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 Emiko Bell informed Licensee Tamera Byer to provide a copy of this licensing report dated 09/01/22 that documents any Type A citation 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.

Exit interview conducted and report was reviewed with Licensee Tamera Byer

SUPERVISORS NAME: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 09/01/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2022

LIC9099 (FAS) - (06/04)

Page: 6 of 8

Control Number 33-CC-20220715112603

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 CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: BYER FAMILY CHILD CARE	FACILITY NUMBER: 198020794
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/01/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 09/02/2022 Section Cited CCR 102423(a)(2)	1 2 3 4 5 6 7	PERSONAL RIGHTS Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following:	1 2 3 4 5 6 7	Licensee put a sign on the toilet which says, 'Out of Order" and will block the toilet off with furniture to render it inaccessible until walls and a door are installed.
	8 9 10 11 12 13 14	To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. -This requirement is not met as evidenced by: On 07/07/22, C1 states that they changed their clothes and that a daycare child of the opposite gender walked in on them,. There was no door or privacy screen. *This posse an immediate risk to the health, safety,	8 9 10 11 12 13 14	or personal rights risk to the children in care.*
	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: Claudia Guangorena
LICENSING EVALUATOR NAME: Betty Bell
LICENSING EVALUATOR SIGNATURE:	DATE: 09/01/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2022

LIC9099 (FAS) - (06/04)

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