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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376608782
Report Date: 02/16/2024
Date Signed: 02/27/2024 09:55:45 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 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
12/18/2023 and conducted by Evaluator Adrian Castellon
COMPLAINT CONTROL NUMBER: 20-CC-20231218160442
FACILITY NAME:RIVAS, ROSA & FAUSTO FAMILY CHILD CAREFACILITY NUMBER:
376608782
ADMINISTRATOR:ROSA RIVASFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 475-4686
CITY:SAN DIEGOSTATE: CAZIP CODE:
92139
CAPACITY:14CENSUS: 2DATE:
02/16/2024
UNANNOUNCEDTIME BEGAN:
09:10 AM
MET WITH:Rosa RivasTIME COMPLETED:
10:50 AM
ALLEGATION(S):
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Conduct Inimical by Co-Licensee
INVESTIGATION FINDINGS:
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 This is an amended report of a report dated 2/16/24. On 2/16/24 at 9:10am, Licensing Program Analyst (LPA) Adrian Castellon conducted an unannounced inspection to deliver complaint findings for the allegation listed above. LPA met with Licensee Rosa Rivas to discuss the purpose of the inspection and tour the facility. The investigation was conducted by the Department’s Investigations Branch (IB). Based on police reports and computer forensic analysis reports obtained, there is evidence of inappropriate material on co-licensee's laptop which is conduct inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility. The preponderance of evidence standard has been met, therefore the above allegation is substantiated, meaning that the allegation is valid. This poses an immediate risk to the health and safety of the children in care, therefore, the facility is being cited on the attached LIC 9099D.
Exit interview was conducted, report reviewed, and Appeal Rights discussed with licensee. LPA informed licensee to provide a copy of this report that documents Type A citation to parents/guardians of children currently enrolled by the next business day or the next day children are in care, and to newly enrolled parents/guardians for 12 months from this date. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file. A Notice of Site Visit was given and must remain posted on, or immediately next to, interior side of the main door for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Cynthia Gray
LICENSING EVALUATOR NAME: Adrian Castellon
LICENSING EVALUATOR SIGNATURE:

DATE: 02/27/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/27/2024
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 2
Control Number 20-CC-20231218160442
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: RIVAS, ROSA & FAUSTO FAMILY CHILD CARE
FACILITY NUMBER: 376608782
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/16/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/01/2024
Section Cited
HSC
1596.885(c)
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1596.885 Conduct Inimical. The department may…revoke any license…issued...upon the following grounds...(c) Conduct which is inimical to the health, morals, welfare, or safety of...an individual...receiving services from the facility…

This requirement was not met as evidenced by:


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Licensee Rosa Rivas states that co-licensee does not live at the home and is not present at the home during child care hours. Licensee states that judge presiding over criminal case has instructed co-licensee to not be present in spaces where children are present.
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Based on police reports and computer forensic analysis reports that were obtained documenting the discovery of inappropriate material on co-licensee's laptop, co-licensee engaged in inimical conduct, which poses an immediate Health and Safety risk of the children in care.
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Licensee will submit a written declaration detailing that should co-licensee return to the facility, she will advise the SDCCRO and she will surrender license. Licensee will submit signed Acknowledgement of Receipt of Licensing Report (LIC 9224) or other written statement for all children currently enrolled.
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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: Adrian Castellon
LICENSING EVALUATOR SIGNATURE:

DATE: 02/27/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/27/2024
LIC9099 (FAS) - (06/04)
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