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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 483009866
Report Date: 11/14/2022
Date Signed: 11/14/2022 02:40:44 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, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/24/2022 and conducted by Evaluator Melchisedeck Augustin
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20220824163804
FACILITY NAME:AGUILAR, MIRANDA & AARON FCCHFACILITY NUMBER:
483009866
ADMINISTRATOR:FACILITY TYPE:
810
ADDRESS:TELEPHONE:
CITY:STATE: ZIP CODE:
CAPACITY:8CENSUS: 6DATE:
11/14/2022
UNANNOUNCEDTIME BEGAN:
12:15 PM
MET WITH:Miranda Aguilar - LicenseeTIME COMPLETED:
02:00 PM
ALLEGATION(S):
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Licensee yells at day care child(ren)
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Melchisedeck Augustin made a subsequent complaint-investigation visit and met with Licensee, Miranda Aguilar (LS) for the purpose of delivering finding for the above allegation. It was alleged the Licensee yells at daycare children. The report noted LS yelled profane words at a child while that child stood crying in a crib.

LPA, Augustin interviewed Licensee (LS) and Co-Licensee (LS1), one adult (A1) four children, one staff (S1) and five parents (P1-P5) from 08/29/22 through 10/12/22 and obtained a facility roster of the children currently in care. Some children were not verbal, too young to interview, or did not qualify to be interviewed.

LS & LS1 denied claims pertaining to LS yelling profane words at children. LS1 was no longer involved in the operation of the facility, but during visits LS1 made to the facility; LS appeared calmed and collected. According to LS, on several occasions she raised her voice above the children’s voices to get their attention while the children were outside. (Continue to LIC 9099-C)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Melchisedeck Augustin
LICENSING EVALUATOR SIGNATURE:

DATE: 11/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/14/2022
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 7
Control Number 01-CC-20220824163804
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
FACILITY NAME: AGUILAR, MIRANDA & AARON FCCH
FACILITY NUMBER: 483009866
VISIT DATE: 11/14/2022
NARRATIVE
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LS also conveyed one instance where she stubbed her toe which made LS unexpectedly shout a profane word in the presence of children. The facility’s discipline policy to manage children’s undesired behavior(s) consisted of child(ren) sitting in a chair for timeout for a duration of minute(s) which was related to the child’s age; and initiating conflict resolution between children by separating child(ren) involved in the conflict.

Statements provided by three witnesses (C1, C2 & C5) reported hearing LS yelling. C1 described hearing and seeing LS act rude with and curse at children while C2 reported witnessing an incident where LS yelled at another child (C8) in the backyard during recess time due to C8 continued crying. Furthermore, C5 described one occasion where LS became upset and used her right hand to grab C5 by the throat area and yelled at C5 while C5 was sitting on a chair outside. Two parent statements also described that LS was going through a lot, LS’s mind was occupied; and LS appeared overwhelmed.

Based on LPA’s investigation, 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, is being cited on the attached LIC 9099D. Exit interview conducted, and report was reviewed with the licensee, Miranda Aguilar. Appeal rights were provided. 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 Melchisedeck Augustin informed licensee, Miranda Aguilar that this report dated 11/14/2022 document(s) 1 Type A citation(s) 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, LPA Melchisedeck Augustin informed the licensee to provide a copy of this licensing report dated 11/14/2022 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.
SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Melchisedeck Augustin
LICENSING EVALUATOR SIGNATURE:

DATE: 11/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/14/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 01-CC-20220824163804
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: AGUILAR, MIRANDA & AARON FCCH
FACILITY NUMBER: 483009866
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/14/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type B
11/15/2022
Section Cited
CCR
102423(a)(1)
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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: To be treated with dignity in his/her personal
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Licensee stated she would research the definition of Personal Rights and review video clips on Personal Rights on the Department's transparency website, and Licensee intends to produced a written statement detailing how she plans to comply with CCR 102423(a)(4).
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relationship with staff and other persons.

This requirement is not met as evidenced by: Based on multiple witness statements corroborating they heard the Licensee yell at children, and this posed a potential health, safety and/or personal rights risk to the children in care.
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The Licensee stated she would submit her written plan to the Department by 11/15/22 via mail, email or fax.

Email: melchisedeck.augustin@dss.ca.gov
Fax: 707-588-5099
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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: Leslie Lepori
LICENSING EVALUATOR NAME: Melchisedeck Augustin
LICENSING EVALUATOR SIGNATURE:

DATE: 11/14/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/14/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 7
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/24/2022 and conducted by Evaluator Melchisedeck Augustin
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20220824163804

FACILITY NAME:AGUILAR, MIRANDA & AARON FCCHFACILITY NUMBER:
483009866
ADMINISTRATOR:AGUILAR, MIRANDA/AARONFACILITY TYPE:
810
ADDRESS:517 WHITNEY AVENUETELEPHONE:
(510) 725-8582
CITY:VALLEJOSTATE: CAZIP CODE:
94589
CAPACITY:14CENSUS: 6DATE:
11/14/2022
UNANNOUNCEDTIME BEGAN:
12:15 PM
MET WITH:Miranda Aguilar - LicenseeTIME COMPLETED:
02:00 PM
ALLEGATION(S):
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9
Licensee hits day care child(ren)
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Melchisedeck Augustin made a subsequent complaint-investigation visit and met with Licensee, Miranda Aguilar (LS) for the purpose of delivering finding for the above allegation. It was alleged the Licensee hits daycare children. The report noted LS used her hand to hit that same child due to the child’s continued to crying.

LPA, Augustin interviewed Licensee (LS) and Co-Licensee (LS1), one adult (A1) four children, one staff (S1) and five parents (P1-P5) from 08/29/22 through 10/12/22 and obtained a facility roster of the children currently in care. Some children were not verbal, too young to interview, or did not qualify to be interviewed.

LS & LS1 denied the claim pertaining to LS hitting children. LS1 was no longer involved in the operation of the facility, but during visits LS1 made to the facility; LS appeared calmed and collected.

(Continue to LIC 9099-C)
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Melchisedeck Augustin
LICENSING EVALUATOR SIGNATURE:

DATE: 11/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/14/2022
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 7
Control Number 01-CC-20220824163804
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
FACILITY NAME: AGUILAR, MIRANDA & AARON FCCH
FACILITY NUMBER: 483009866
VISIT DATE: 11/14/2022
NARRATIVE
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According to LS, the facility’s discipline policy to manage children’s undesired behavior(s) consisted of child(ren) sitting in a chair for timeout for a duration of minute(s) which was related to the child’s age; and initiating conflict resolution between children by separating child(ren) involved in the conflict. LS stated she does not hit children at any time.

Statements provided by two related witnesses (C1, C2) claimed that on multiple occasions they saw LS directly hit children in care by either using her hand or a cell phone with the glittered cover when children continued crying or were exhibiting undesirable behavior, however, other interviews could not confirm that these incidents occurred or that there were any other witnesses to such incidents.

According to parent interviews, though two parent statements described LS was going through a lot, LS’s mind was occupied, and LS appeared overwhelmed, no parent statements could provide corroborating evidence to confirm that any hitting incidents occurred.

Based on LPA’s investigation, although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the allegation occurred, therefore the above allegation is found to be UNSUBSTANTIATED. Exit interview conducted, and report was reviewed with the licensee, Miranda Aguilar. Appeal rights were provided. 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.

**This report is amended**
SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Melchisedeck Augustin
LICENSING EVALUATOR SIGNATURE:

DATE: 11/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/14/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 7