<meta name="robots" content="noindex">
Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 393600988
Report Date: 11/23/2021
Date Signed: 11/23/2021 11:28:06 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, 2525 NATOMAS PARK DR. STE 250
SACRAMENTO, CA 95833
This is an official report of an unannounced visit/investigation of a complaint received in our office on
09/22/2021 and conducted by Evaluator Elvira Sierra
PUBLIC
COMPLAINT CONTROL NUMBER: 53-CC-20210922135821
FACILITY NAME:SCHMIDT-RIOS, NOREENFACILITY NUMBER:
393600988
ADMINISTRATOR:SCHMIDT-RIOS, NOREENFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(209) 406-8677
CITY:STOCKTONSTATE: CAZIP CODE:
95207
CAPACITY:14CENSUS: 6DATE:
11/23/2021
UNANNOUNCEDTIME BEGAN:
10:36 AM
MET WITH:Noreen Schmidt-RiosTIME COMPLETED:
11:45 AM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Personal Rights-Staff hits daycare child
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On Tuesday, November 23, 2021 at 10;38 am Licensing Program Analyst (LPA) Elvira Sierra conducted an unannounced inspection and met with Licensee, Noreen Schmidt-Rios to deliver findings on the above allegation. Upon arrival present in the home were 6 children present.
It was alleged that a staff in the facility hit a child. Throughout the investigation LPA observed the care of supervision of children, conducted interviews with staff, children and parents. Interviews with multiple children revealed that they have never been hit by any staff members and have also never witnessed any staff members hit any children. None of the parents interviewed disclosed any concerns or ever witness facility’s staff hitting a child or handling a child in an inappropriate manner. Through interviews, staff described discipline as talking to children about their actions and will redirect the children when they are engaging in activities that may be unsafe. LPA observed appropriate staff-child interactions on inspection visits.
Based on the investigation there is not a preponderance of evidence to prove the allegations did or did not occur; therefore, the allegation is UNSUBSTANTIATED.
Appeals of rights were provided. A notice of site visit was given and must remain posted for 30 days.Exit interview and report was reviewed with the Licensee.

Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Bettina Engelman
LICENSING EVALUATOR NAME: Elvira Sierra
LICENSING EVALUATOR SIGNATURE:

DATE: 11/23/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/23/2021
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 3
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2525 NATOMAS PARK DR. STE 250
SACRAMENTO, CA 95833
This is an official report of an unannounced visit/investigation of a complaint received in our office on
09/22/2021 and conducted by Evaluator Elvira Sierra
PUBLIC
COMPLAINT CONTROL NUMBER: 53-CC-20210922135821

FACILITY NAME:SCHMIDT-RIOS, NOREENFACILITY NUMBER:
393600988
ADMINISTRATOR:SCHMIDT-RIOS, NOREENFACILITY TYPE:
810
ADDRESS:133 W. EL CAMPO AVENUETELEPHONE:
(209) 406-8677
CITY:STOCKTONSTATE: CAZIP CODE:
95207
CAPACITY:14CENSUS: 6DATE:
11/23/2021
UNANNOUNCEDTIME BEGAN:
10:36 AM
MET WITH:Noreen Schmidt-RiosTIME COMPLETED:
11:45 AM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Personal Rights-Staff uses derogatory language towards daycare children
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On Tuesday, November 23, 2021 at 10:38 am Licensing Program Analyst (LPA) Elvira Sierra conducted an unannounced inspection and met with Licensee, Noreen Schmidt-Rios to deliver findings on the above allegation. Upon arrival present in the home were 6 children present.
It was alleged that a staff uses derogatory language towards daycare children. During the course of the investigation, interviews were conducted, and supportive documents were reviewed. Interviews revealed a staff member (S2) used inappropriate language in front of the children. Staff member (S2) admitted he used inappropriate language trying to stop two children from fighting. S2 acknowledge the importance of appropriate words when managing behavior problems. Personal Rights, section 101223 was reviewed and discussed with the Licensee. CA Inclusion & Behavior Consultation Network (CIBC) Staff Training Supports information link was provided to Licensee. https://www.cibc-ca.org/wp/.
Based on interviews the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations Title 22 is being cited on the attached LIC 9099D.
Appeals of rights were provided. A notice of site visit was given and must remain posted for 30 days. Exit interview conducted and report was reviewed with the Licensee.

Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Bettina Engelman
LICENSING EVALUATOR NAME: Elvira Sierra
LICENSING EVALUATOR SIGNATURE:

DATE: 11/23/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/23/2021
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 53-CC-20210922135821
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2525 NATOMAS PARK DR. STE 250
SACRAMENTO, CA 95833

FACILITY NAME: SCHMIDT-RIOS, NOREEN
FACILITY NUMBER: 393600988
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/23/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
11/30/2021
Section Cited
CCR
102423(a)(4)
1
2
3
4
5
6
7
102423 Personal Rights. a) 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 agrees that S2 will obtain Personal Rights training by viewing the video available on the Community Care Licensing website and submitting a written paragraph on what they learned from the video. The Licensee will submit the plan of correction by the end of day on Friday, December 3, 2021.



8
9
10
11
12
13
14
(4) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion,....... This requirement was not met as evidence by; S2 admitted to use a redogatory word when children were present trying to stop children from fighting.
8
9
10
11
12
13
14
The following link is for the Personal Rights video available for child care:

https://ccld.childcarevideos.org/family-child-care-providers/childrens-personal-rights-in-child-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: Bettina Engelman
LICENSING EVALUATOR NAME: Elvira Sierra
LICENSING EVALUATOR SIGNATURE:

DATE: 11/23/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/23/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 3