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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 198020846
Report Date: 02/28/2024
Date Signed: 02/28/2024 02:04:32 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, 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
11/28/2023 and conducted by Evaluator Carolyn Tuba
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20231128113447
FACILITY NAME:MARTINEZ FAMILY CHILD CAREFACILITY NUMBER:
198020846
ADMINISTRATOR:MARTINEZ, CHRISTINE MARIEFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(626) 251-3169
CITY:ALTADENASTATE: CAZIP CODE:
91001
CAPACITY:14CENSUS: 10DATE:
02/28/2024
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Chrsitine MartinezTIME COMPLETED:
01:00 PM
ALLEGATION(S):
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Provider handles day care child in a rough manner.
Provider does not allow day care child to use restroom as requested and being told to urinate outdoors.
INVESTIGATION FINDINGS:
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On 2/28/2024, Licensing Program Analyst (LPA) Carolyn Tuba conducted an unannounced complaint inspection to deliver findings of the above allegations. A Covid risk assessment was conducted. LPA met with Licensee, Christine Martinez and a census was taken of 10 children present with 3 adults.

LPA, Tuba conducted interviews, documented personal observations, and reviewed records on 11/29/2023, 01/10/2024 and 2/23/2024. LPA, Tuba conducted interviews with Reporting Party (RP), Licensee (L), Staff #1 (S1), Child #2 (C2), #3 (C3), #4 (C4), #5 (C5), Witness #1 (W1) and Witness #2 (W2), Parent #1 (P1), #2 (P2). Staff #2 (S2) was not present at the facility to interview, and Child#1 (C1) was not interviewed due to parents’ request.

Reporting Party alleged Provider handles day care child in a rough manner and Provider does not allow day care child to use restroom as requested and being told to urinate outdoors.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Carolyn Tuba
LICENSING EVALUATOR SIGNATURE:

DATE: 02/28/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2024
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 4
Control Number 33-CC-20231128113447
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: MARTINEZ FAMILY CHILD CARE
FACILITY NUMBER: 198020846
VISIT DATE: 02/28/2024
NARRATIVE
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Provider handles day care child in a rough manner: During the course of the investigation, LPA conducted interviews with Licensee and S1. Licensee denies grabbing children but stated that children will be moved gently. S1 stated that children are redirected. No disclosures were made by parents or children. According to W1, while at the facility, they observed Licensee physically move C1 from a play kitchen area. When asked how C1 was moved, W1 stated that C1 was grabbed by the tri-cep part of the arm, above the elbow. W1 stated that C1 appeared to be startled and scared and felt that Licensee’s actions were unwarranted and “strict”. C1 was not interviewed at parent’s request.

Provider did not allow day care child to use the restroom and being told to urinate outdoors: During the course of the investigation, LPA conducted an interview with W2 who disclosed that they witnessed C1 request to use the restroom but was told to wait as another child was using the restroom. According to W2, C1 was offered the option of urinating outside, however that option was declined by C1 as child needed to go poop. LPA, Tuba interviewed C2 who disclosed that during naptime they have been told they could not use the restroom but could not elaborate much more. During the course of investigation Staff #1 stated that if children cannot wait, they are asked if they need to do a nature pee. Licensee stated that children are allowed to use the restroom but acknowledged that children are allowed to partake in a nature pee as some children do it at home.

Based on LPA’s observations and interviews, which were conducted, and records review, the preponderance of the evidence standard has been met. Therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, 102423(a)(4), the deficiencies are being cited on the attached LIC 9099D.

Type A - A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled children for the next 12 months (1 year). The Acknowledgement form must be maintained in each child’s file immediately upon receipt from parent. Licensee/Director was provided with a copy of the parent Acknowledgement of Receipt of Licensing Reports Form LIC9224 during this visit.

Notice of site visit was given to the licensee and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days. Exit interview conducted and report was reviewed with the licensee, Christine Martinez.
page 2 of 2
SUPERVISORS NAME: Ana Chico
LICENSING EVALUATOR NAME: Carolyn Tuba
LICENSING EVALUATOR SIGNATURE:

DATE: 02/28/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 33-CC-20231128113447
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: MARTINEZ FAMILY CHILD CARE
FACILITY NUMBER: 198020846
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/28/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
03/04/2024
Section Cited
CCR
102423(a)(4)
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Personal Rights: To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including, but not limited to: interference with eating, sleeping or toileting; or.......
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Licensee and assistants agrees to watch personal rights trainging videos that are on the CCLD website. LPA will send link to Licensee and Licensee will email LPA stating that she has completed the training videos.
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This requirement was not met as evidence by: Based on interviews conducted that Licensee grabbed child by the arm to move them out of play area. This poses 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: Ana Chico
LICENSING EVALUATOR NAME: Carolyn Tuba
LICENSING EVALUATOR SIGNATURE:

DATE: 02/28/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 33-CC-20231128113447
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: MARTINEZ FAMILY CHILD CARE
FACILITY NUMBER: 198020846
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/28/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
03/13/2024
Section Cited
CCR
102423(a)(4)
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To be free from corporal or unusual punishment, infliction of pain, humiliation,
intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including, but not limited to: interference with eating, sleeping or toileting; or......
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LPA consulted with Licensee that children should not be urinating outside. Licensee will consider having a back-up bathroom inside the home in case a child needs to go. LPA will follow-up with Licensee on this matter.
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This requirement was not met as evidence by: Based on interviews conducted and Licensee's own admission that children are allowed to urginate outside (nature pee). This poses a potential 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: Ana Chico
LICENSING EVALUATOR NAME: Carolyn Tuba
LICENSING EVALUATOR SIGNATURE:

DATE: 02/28/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 4