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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 336300748
Report Date: 08/07/2024
Date Signed: 08/22/2024 09:58:13 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 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
07/30/2024 and conducted by Evaluator Jesse Gardner
PUBLIC
COMPLAINT CONTROL NUMBER: 10-CC-20240730140514
FACILITY NAME:HERNANDEZ FAMILY CHILD CAREFACILITY NUMBER:
336300748
ADMINISTRATOR:HERNANDEZ, MARTHAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(760) 396-6736
CITY:COACHELLASTATE: CAZIP CODE:
92236
CAPACITY:14CENSUS: 9DATE:
08/07/2024
UNANNOUNCEDTIME BEGAN:
09:45 AM
MET WITH:Martha Hernandez, LicenseeTIME COMPLETED:
11:25 AM
ALLEGATION(S):
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Licensee is operating over capacity
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Jesse Gardner conducted an unannounced complaint visit to the facility to investigate the above allegation. LPA met with Licensee Martha Hernandez and informed them of the purpose of this visit. LPA toured the facility and found 9 children in care including the Licensee's own 5 year old which made the Licensee over capacity. During this investigation, LPA conducted an interview with Licensee, and reviewed and obtained supportive documentation. The following was determined.

It was alleged that the Licensee is operating their facility over their licensed capacity of children. Documentation provided indicated that on 07/29/24, there were 14 children in care without an Assistant present.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Deborah Mullen
LICENSING EVALUATOR NAME: Jesse Gardner
LICENSING EVALUATOR SIGNATURE:

DATE: 08/22/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/22/2024
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 3
Control Number 10-CC-20240730140514
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
RIVERSIDE SE CC RO, 3737 MAIN STREET, STE 700
RIVERSIDE, CA 92501
FACILITY NAME: HERNANDEZ FAMILY CHILD CARE
FACILITY NUMBER: 336300748
VISIT DATE: 08/07/2024
NARRATIVE
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Interview with Licensee indicated that on 07/29/24, the Licensee's Assistant could not be present at the facility to assist with supervision of children. Licensee stated that they continued to admit children into the facility. Record review indicated that Child Two (C2) was over the age requirement to be included in the Licensee's capacity of children. Thus, the requirement for the Licensee to have 13 children in care is with an assistant present. This requirement was not met; and therefore, based on record review, and interview, the allegation was Substantiated.

A finding that the complaint is Substantiated means that the allegation is valid because the preponderance of the evidence standard has been met.

During the visit on this date, C1's mother picked them up and they left the facility bringing the facility into compliance.

A NOTICE OF SITE VISIT WAS ISSUED AND IS TO BE POSTED IN A PROMINENT LOCATION AT THE FACILITY FOR THE NEXT 30 DAYS ALONG WITH A COPY OF ALL TYPE A DEFICIENCIES (LIC809D/9099D) CITED DURING THIS VISIT. A COPY OF ALL TYPE A DEFICIENCIES CITED DURING THIS VISIT MUST ALSO BE IMMEDIATELY (within 24 hours of the child’s next day in care) GIVEN TO THE PARENTS OF ALL CHILDREN ENROLLED IN THE CHILD CARE FACILITY AND ANY CHILDREN ENROLLED INTO THE CHILD CARE FACILITY OVER THE NEXT 12 MONTHS.

An exit interview was conducted where a copy of this report was provided along with a copy of the LIC 9099D, LIC 811, LIC 811-C, and Appeal Rights. A notice of site visit was given and must remain posted for 30 days.
SUPERVISORS NAME: Deborah Mullen
LICENSING EVALUATOR NAME: Jesse Gardner
LICENSING EVALUATOR SIGNATURE:

DATE: 08/22/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/22/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 10-CC-20240730140514
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: HERNANDEZ FAMILY CHILD CARE
FACILITY NUMBER: 336300748
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/07/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/08/2024
Section Cited
CCR
102416.5(e)
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Staffing Ratio and Capacity:
(e) If no assistant provider is present at a Large Family Child Care Home, then the licensee shall comply with the capacity requirements for a Small Family Child Care Home as specified in subsections (b) and (c). This requirement was not being met as evidenced by:
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Licensee states that they will operate within their license capacity. Additionally, the Licensee agrees to provide a signed written statement that they have reviewed the regulation to CCL by POC due date.
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Based on Licensee interview, record review, and today's observation, LPA found that the Licensee was over capacity with 13 children without an assistant present. 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: Deborah Mullen
LICENSING EVALUATOR NAME: Jesse Gardner
LICENSING EVALUATOR SIGNATURE:

DATE: 08/22/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/22/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 3