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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376629146
Report Date: 03/05/2025
Date Signed: 03/05/2025 03:41:03 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
12/09/2024 and conducted by Evaluator Gloria Gonzalez
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20241209143505
FACILITY NAME:AVILA, ANA FAMILY CHILD CAREFACILITY NUMBER:
376629146
ADMINISTRATOR:ANA AVILAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 862-0611
CITY:CHULA VISTASTATE: CAZIP CODE:
91910
CAPACITY:14CENSUS: 1DATE:
03/05/2025
UNANNOUNCEDTIME BEGAN:
02:00 AM
MET WITH:Amy MoralesTIME COMPLETED:
04:00 PM
ALLEGATION(S):
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Staff handled daycare children in a physical inappropriate manner
INVESTIGATION FINDINGS:
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On March 3, 2025, at 2:00 PM, Licensing Program Analyst (LPA), Gloria Gonzalez conducted a complaint inspection to deliver findings, and met with Staff Member, Amy Morales, regarding the above allegation. LPA advised Morales of the purpose of the inspection and conducted a tour of the facility. There was one (1) daycare child and no other staff members present during the inspection. Licensee arrived on or about 2:25 PM.

On 12/9/24, Community Care Licensing (CCL) received a complaint alleging staff handled daycare children in a physical inappropriate manner. LPA conducted interviews with the Licensee, staff members, daycare parents, and daycare children. It was alleged that Licensee mishandles the children in a physical inappropriate manner. During the interviews with the children 4 out of 6 daycare children disclosed that Licensee mishandles children inappropriately by physical contact. Licensee denied the allegations stating that she has never hurt daycare children. Licensee stated for example, if she calls the childlrens attention and after a couple of unsuccessful times, she holds them by the hand.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Tulam Vu
LICENSING EVALUATOR NAME: Gloria Gonzalez
LICENSING EVALUATOR SIGNATURE:

DATE: 03/05/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/05/2025
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 20-CC-20241209143505
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: AVILA, ANA FAMILY CHILD CARE
FACILITY NUMBER: 376629146
VISIT DATE: 03/05/2025
NARRATIVE
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Based on interviews conducted the preponderance of evidence standard has been met that Licensee mishandles the children in a physical inappropriate manner, therefore the allegation is found to be SUBSTANTIATED.

During today’s inspection, facility was cited one (1) Type A deficiency. See LIC 9099-D page for deficiency citation.

A Notice of Site Visit (LIC 9213) was given to Licensee, Ana Avila and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days. LPA observed LIC 9213 was posted. Appeal Rights (LIC 9058) was provided. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

LPA, Gloria Gonzalez informed Licensee that this report dated, 3/5/25 documents a Type A citation 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, Gloria Gonzalez informed the Licensee to provide a copy of this licensing report dated,
3/5/25 that documents a 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.

An exit interview was conducted and the report was reviewed with Licensee, Ana Avila. This report was interpreted to licensee in Spanish by LPA Gonzalez and Licensee stated she understood.
SUPERVISORS NAME: Tulam Vu
LICENSING EVALUATOR NAME: Gloria Gonzalez
LICENSING EVALUATOR SIGNATURE:

DATE: 03/05/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/05/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 20-CC-20241209143505
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: AVILA, ANA FAMILY CHILD CARE
FACILITY NUMBER: 376629146
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/05/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
03/10/2025
Section Cited
CCR
102423(a)(4)
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Personal Rights - Each child… shall have certain rights… regardless of consent or authorization...These rights include… be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat…This requirement was not met as evidenced by:
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Licensee stated she will provide the Department with a written plan of correction by email by 3/10/25. At today inspection, Licensee submitted a signed copy of this regulation stating she understands it.
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Based on the interview’s it was determined that 4 out of 6 daycare children stated that disclosed that Licensee mishandles children inappropriately by physical contact. This poses an immediate risk to the personal rights of 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: Tulam Vu
LICENSING EVALUATOR NAME: Gloria Gonzalez
LICENSING EVALUATOR SIGNATURE:

DATE: 03/05/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/05/2025
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
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
12/09/2024 and conducted by Evaluator Gloria Gonzalez
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20241209143505

FACILITY NAME:AVILA, ANA FAMILY CHILD CAREFACILITY NUMBER:
376629146
ADMINISTRATOR:ANA AVILAFACILITY TYPE:
810
ADDRESS:516 J STREETTELEPHONE:
(619) 862-0611
CITY:CHULA VISTASTATE: CAZIP CODE:
91910
CAPACITY:13CENSUS: 0DATE:
03/05/2025
UNANNOUNCEDTIME BEGAN:
02:00 AM
MET WITH:Amy MoralesTIME COMPLETED:
04:00 PM
ALLEGATION(S):
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2
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9
Staff denied day care children food as a form of punishment
Staff yelled at day care children
INVESTIGATION FINDINGS:
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On March 5, 2025, at 2:00 PM, Licensing Program Analyst (LPA), Gloria Gonzalez conducted a complaint inspection to deliver findings and met with Staff Member, Amy Morales, regarding the above allegations. LPA advised Morales of the purpose of the inspection and conducted a tour of the facility. There was one (1) daycare child and no other staff members present during the inspection. Licensee arrived on or about 2:25 PM.

On 12/9/24, Community Care Licensing (CCL) received a complaint alleging staff denied daycare children food as a form of punishment and staff yelled at day care children. During the course of the investigation interviews were conducted with Licensee, staff members, daycare parents, and several daycare children. Licensee denied the above allegations and stated that she provides good nutritious food to daycare children and has never deneid them food as a form of punishment. Licensee stated she is registered with the CDA nutrition program which provides compensation for food items and followed up with inspections. Licensee stated if children do not want to eat she lets the parents know.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Tulam Vu
LICENSING EVALUATOR NAME: Gloria Gonzalez
LICENSING EVALUATOR SIGNATURE:

DATE: 03/05/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/05/2025
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 20-CC-20241209143505
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: AVILA, ANA FAMILY CHILD CARE
FACILITY NUMBER: 376629146
VISIT DATE: 03/05/2025
NARRATIVE
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Licensee stated that she has never yelled at daycare children. Licensee did admit that she has a loud voice and may be interpreted as yelling.

Based on LPA's observations, interviews conducted, and records reviewed. There was no corroborating evidence regarding the allegations. Due to conflicting information obtained from the interviews, and although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur. Therefore the above allegations are found to be unsubstantiated.

A Notice of Site Visit (LIC 9213) was given to Licensee, Ana Avila and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days. LPA observed LIC 9213 was posted. Appeal Rights (LIC 9058) was provided. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

An exit interview was conducted and the report was reviewed with Licensee, Ana Avila. This report was interpreted to licensee in Spanish by LPA Gonzalez.
SUPERVISORS NAME: Tulam Vu
LICENSING EVALUATOR NAME: Gloria Gonzalez
LICENSING EVALUATOR SIGNATURE:

DATE: 03/05/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/05/2025
LIC9099 (FAS) - (06/04)
Page: 5 of 5