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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 334816729
Report Date: 11/08/2023
Date Signed: 11/08/2023 12:24:05 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, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/31/2023 and conducted by Evaluator Anastasia Flores
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20231031161023
FACILITY NAME:DIAZ FAMILY CHILD CAREFACILITY NUMBER:
334816729
ADMINISTRATOR:DIAZ, MARICHEL & MARIAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(951) 805-2700
CITY:WILDOMARSTATE: CAZIP CODE:
92595
CAPACITY:14CENSUS: 10DATE:
11/08/2023
UNANNOUNCEDTIME BEGAN:
09:31 AM
MET WITH:Marichel Diaz TIME COMPLETED:
11:52 AM
ALLEGATION(S):
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Child wandered away from facility due to lack of supervision.
Licensee did not report incidents to authorized representative.
INVESTIGATION FINDINGS:
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On November 8, 2023, at 9:31 AM, Licensing Program Analyst (LPA) Anastasia Flores, arrived at the facility to initiate a 10-day complaint investigation. LPA met with Licensee, Marichel Diaz. LPA toured facility took census (10 children to two staff in the day care room) LPA observed three infants with toys in front of them in high chairs, and one infant strapped in stroller, one child in the arms of staff #3 and five toddlers at circle time. LPA conducted interview with Licensee, Marichel Diaz.
On October 31, 2023, a complaint allegation was reported to Community Care Licensing (CCL), stating that due to lack of supervision a child wandered away from the facility. Specifically, that on October 26, 2023, child #1 (C1) was able to leave through the front door of the facility unsupervised and was not located for over 45 minutes.
Per records review, confidential police records, on the date of the incident, parent of C1 arrived to the facility around 4:00AM, licensee stated she was on the second floor of the facility, when she had heard a door slam. C1 was left unattended in the front living room near the front door. There is not a direct line of vision from the second floor to the living room.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Pauline Beschorner
LICENSING EVALUATOR NAME: Anastasia Flores
LICENSING EVALUATOR SIGNATURE:

DATE: 11/08/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/08/2023
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
Control Number 10-CC-20231031161023
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501
FACILITY NAME: DIAZ FAMILY CHILD CARE
FACILITY NUMBER: 334816729
VISIT DATE: 11/08/2023
NARRATIVE
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Licensee, Marichel Diaz informed LPA that she was not present at the time of incident, but that normally she sits in the living room with C1 when parent drops her off. Licensee stated that she unlocks the door at 3:30am every morning waiting for the arrival of C1 and on the date of incident 10/26/23, Co-licensee Maria Diaz had unlocked the door for C1. Licensee stated the child has attempted to walk towards the door before but has never left the premises, that this was the only time that this has occurred where she got out of site. Licensee admitted that her mother co-licensee knew that C1 was going to be arriving soon and she had went to unlock the door for C1. Licensee stated she sent an unusual incident report to our agency but did not hear any response,licensee called our office and asked for her analyst and that she was informed she did not have one at this time. LPA asked Licensee if she called the duty line to report the incident, she said, "no." LPA Flores reviewed the email that was sent to our office and it shows returned to licensee without being delivered on 10/29/23.

A confidential interview, countered the information, saying that licensee laid C1 down on the couch and then went back upstairs leaving child #1 unattended and door unlocked. Police records state that child was found by a person driving down the road and that person called local law enforcement for assistance. Licensee informed LPA that she does not know why co-licensee did not call the police for assistance.

Based on all the information obtained from pertinent parties the department has determined the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED

See LIC 9099-D deficiencies. A civil penalty was assessed.

The facility representative was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. Failure to post will result in Civil Penalties of $100.00. The “Notice of Site Visit” must be posted on or adjacent to the door.
The licensee shall post and provide copies of the report to parents/guardians of the children currently in care at the facility by the next business day and provide copies to the parents/guardians of newly enrolled children at the facility during the next 12 months. The licensee is to keep Acknowledgement Receipt (LIC 9224) signed by parents in each child’s file.
An exit interview was conducted, a copy of this report, 9099D, LIC9224, & appeal rights, along with a Notice of Site Visit was handed to licensee, Marichel Diaz.
SUPERVISORS NAME: Pauline Beschorner
LICENSING EVALUATOR NAME: Anastasia Flores
LICENSING EVALUATOR SIGNATURE:

DATE: 11/08/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/08/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 10-CC-20231031161023
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501

FACILITY NAME: DIAZ FAMILY CHILD CARE
FACILITY NUMBER: 334816729
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/08/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
11/08/2023
Section Cited
CCR
102417(a)
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102417(a) Operation of a Family Child Care Home (a) The licensee shall be present in the home and shall ensure that children in care are supervised at all times. This requirement was not met as evidenced by:
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Licensee will have a bed assigned to the child if they arrive that early in the morning, and have them placed in that bed in the day care room, and also put alarms on each doors. Licensee will never leave a child unattended or out of vision at any time.
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Based on record review and interview, child #1, was left unsupervised, at which point child exited the front door and subsequently was lost for over 60 minutes. This poses an immediate risk to the health, safety, and personal rights of children in care.
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Type A
11/08/2023
Section Cited
CCR
102416.2(a)(2)
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102416.2(a)(2) Reporting Requirements (a)The licensee shall report the following information to the Department by telephone or fax within the Department's next business day and during normal working hours (8am to 5pm). Any child absence means any instance where a child in care is missing. For example, any child in care who wanders away from the Family Child Care Home, is lost during an outing, or does not return from school, shall be reported even if the child is later found safe this was not met as evidenced by….
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Licensee stated she emailed the unusual incident report to our office on 10/27/23, and called our office on 10/29/23 but did not report on the duty line, asked who her analyst was. licensee will submit to LPA Flores via email Unusual Incident Report by 11/09/23.
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Based on record review, and interview, the licensee failed to inform our department within 24 hours of a child
missing from facility. This poses an immediate health, safety, and personal rights risk of 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: Pauline Beschorner
LICENSING EVALUATOR NAME: Anastasia Flores
LICENSING EVALUATOR SIGNATURE:

DATE: 11/08/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/08/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3