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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 136610335
Report Date: 04/18/2024
Date Signed: 04/18/2024 12:28:46 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MISSION VALLEY, 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
02/02/2024 and conducted by Evaluator Michelle Hood
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20240202083857
FACILITY NAME:ARISTOTELES,MARGARITA & MENDEZ,NOEMI FCCFACILITY NUMBER:
136610335
ADMINISTRATOR:FACILITY TYPE:
810
ADDRESS:TELEPHONE:
CITY:STATE: ZIP CODE:
CAPACITY:0CENSUS: 4DATE:
04/18/2024
UNANNOUNCEDTIME BEGAN:
10:45 AM
MET WITH:Licensee Noemi MendezTIME COMPLETED:
12:00 PM
ALLEGATION(S):
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Provider engaged in an inappropriate altercation in the presence of day care children
INVESTIGATION FINDINGS:
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On 04/18/2024 at 10:45 am, Licensing Program Analyst (LPAs) Michelle Hood arrived to deliver the complaint findings regarding the allegation the provider engaged in an inappropriate altercation in the presence of day care children. During the inspection, LPA observed two daycare children and two of the licensees grandchildren in care.

Based on interviews, video surveillance and outside documents reviewed, it was determined the Licensee Noemi Mendez engaged in an inappropriate altercation in the presence of day care children. It was determined during operating hours Licensee Mendez left the facility, drove to a public location, and had a physical altercation with a family member related to Licensee Margarita Aristoteles. The documentation reviewed and Licensee Mendez confirmed there were four children in care at the time of the altercation. The preponderance of evidence standard has been met; therefore, the allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 3, are cited on the attached LIC 9099D for Type A deficiency.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Cynthia Gray
LICENSING EVALUATOR NAME: Michelle Hood
LICENSING EVALUATOR SIGNATURE:

DATE: 04/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/18/2024
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
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MISSION VALLEY, 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
02/02/2024 and conducted by Evaluator Michelle Hood
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20240202083857

FACILITY NAME:ARISTOTELES,MARGARITA & MENDEZ,NOEMI FCCFACILITY NUMBER:
136610335
ADMINISTRATOR:M.ARISTOTELES & N.MENDEZFACILITY TYPE:
810
ADDRESS:1074 DANENBERG DRIVETELEPHONE:
(760) 970-4582
CITY:EL CENTROSTATE: CAZIP CODE:
92243
CAPACITY:0CENSUS: DATE:
04/18/2024
UNANNOUNCEDTIME BEGAN:
10:45 AM
MET WITH:Licensee Noemi MendezTIME COMPLETED:
12:00 PM
ALLEGATION(S):
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Provider yells at day care children
Provider handles day care children in a rough manner
INVESTIGATION FINDINGS:
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On 04/18/2024 at 10:45 am, Licensing Program Analyst (LPA) Michelle Hood arrived to conduct an unannounced inspection to deliver complaint findings for the above-listed allegations. LPA met with Licensee Noemi Mendez and toured the facility. During today’s inspection, the LPA observed two daycare children and two of the licensees grandchildren the licensee. .

During the course of the investigation, interviews were conducted with the licensees, daycare parents, outside resources and Reporting Party (RP). The licensee Mendez denied the allegations. Due to conflicting information and a lack of supporting evidence obtained throughout the course of the investigation, the above allegations are determined to be unsubstantiated. 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 allegations are unsubstantiated.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Cynthia Gray
LICENSING EVALUATOR NAME: Michelle Hood
LICENSING EVALUATOR SIGNATURE:

DATE: 04/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/18/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 20-CC-20240202083857
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MISSION VALLEY, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
FACILITY NAME: ARISTOTELES,MARGARITA & MENDEZ,NOEMI FCC
FACILITY NUMBER: 136610335
VISIT DATE: 04/18/2024
NARRATIVE
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An exit interview was conducted, and the report was reviewed with Licensee Noemi Mendez. Mendez was provided with a copy of their appeal rights (LIC 9058 3/22) and their signature on this form acknowledges receipt of these rights. 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.
SUPERVISORS NAME: Cynthia Gray
LICENSING EVALUATOR NAME: Michelle Hood
LICENSING EVALUATOR SIGNATURE:

DATE: 04/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/18/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 20-CC-20240202083857
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MISSION VALLEY, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
FACILITY NAME: ARISTOTELES,MARGARITA & MENDEZ,NOEMI FCC
FACILITY NUMBER: 136610335
VISIT DATE: 04/18/2024
NARRATIVE
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LPA Hood informed licensee Mendez that this report dated 04/18/2024 document 1 Type A citation which shall be posted for 30 consecutive days as there is/are immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Hood informed the licensee Mendez to provide a copy of this licensing report dated 04/18/2024that document 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.

An exit interview was conducted, and the report was reviewed with the licensee Noemi Menez. The licensee was provided with a copy of their appeal rights (LIC 9058 3/22) and their signature on this form acknowledges receipt of these rights. 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.

SUPERVISORS NAME: Cynthia Gray
LICENSING EVALUATOR NAME: Michelle Hood
LICENSING EVALUATOR SIGNATURE:

DATE: 04/18/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/18/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 20-CC-20240202083857
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
MISSION VALLEY, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: ARISTOTELES,MARGARITA & MENDEZ,NOEMI FCC
FACILITY NUMBER: 136610335
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/18/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
04/19/2024
Section Cited
HSC
1596.885(c)
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Health and Safety Code Section 1596.885(c): Conduct 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 this state. This requirement was not met by:

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The facility was closed on 03/13/2024.
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On 02/01/2024, during operating hours Licensee Noemi Mendez left the facility, drove to a public location, and had a physical altercation with a family member related to Licensee Margarita Aristotele which resulted in Mendez being taken into Police custody. This is an immediate health and safety risk to 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: Cynthia Gray
LICENSING EVALUATOR NAME: Michelle Hood
LICENSING EVALUATOR SIGNATURE:

DATE: 04/18/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/18/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 5