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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 376623823
Report Date: 08/10/2023
Date Signed: 08/10/2023 11:58:19 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
01/20/2023 and conducted by Evaluator Edgar Campana
COMPLAINT CONTROL NUMBER: 20-CC-20230120164031
FACILITY NAME:SANCHEZ, MARIA & LOPEZ, DAMARIS FAMILY CHILD CAREFACILITY NUMBER:
376623823
ADMINISTRATOR:MARIA SANCHEZFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(619) 207-3256
CITY:CHULA VISTASTATE: CAZIP CODE:
91913
CAPACITY:14CENSUS: 11DATE:
08/10/2023
UNANNOUNCEDTIME BEGAN:
11:10 AM
MET WITH:Maria SanchezTIME COMPLETED:
12:00 PM
ALLEGATION(S):
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Conduct Inimical.
Adult(s) resided in the home without criminal record clearance.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Edgar Campana conducted an unannounced complaint inspection visit on 08/10/2023 to conclude complaint investigation. LPA met with co-licensee Damaris Lopez and was granted entry into the facility. Present were eleven daycare children, both co-licensees, and one cleared and associated adult resident. The Department’s Investigations Branch (IB) has investigated the above listed allegations. Throughout the course of the investigation, interviews were conducted, law enforcement, court, and licensing records were reviewed.

Based on review of law enforcement and U.S. District Court record, it was determined that on December 14, 2018, co-licensee, Maria Sanchez, her live-in partner, Zenaldo Del Toro AKA Jose Gutierrez, and co-licensee, Damaris Lopez’ boyfriend, Luis Cosios, were arrested on multiple charges, including drug trafficking and money laundering.

See LIC 9099-C for continuation...
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Edgar Campana
LICENSING EVALUATOR SIGNATURE:

DATE: 08/10/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/10/2023
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 4
Control Number 20-CC-20230120164031
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: SANCHEZ, MARIA & LOPEZ, DAMARIS FAMILY CHILD CARE
FACILITY NUMBER: 376623823
VISIT DATE: 08/10/2023
NARRATIVE
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Co-licensee, Sanchez and Del Toro were arrested together, as they attempted to evade law enforcement on foot. On the same date, 1,221 grams of marijuana and approximately $412,730 in U.S. currency were seized from the facility property. Del Toro and Cosios were subsequently convicted of felonies related to their arrests; co-licensee, Maria Sanchez was not convicted. During interviews conducted by IB investigators, co-licensee, Sanchez, made false statements by stating that she was never investigated, nor arrested.

Based on co-licensees’ admissions and law enforcement record review, it was determined that Del Toro resided in the facility from 2013, until his arrest in 2018, without a criminal record clearance as required. A review of licensing records revealed that co-licensee, Sanchez did not designate Del Toro as a resident of the facility on the Application for a Family Child Care Home License form (LIC279), which was signed by Maria Sanchez on March 19, 2013, and received by the Department on March 21, 2013. Both co-licensees denied that Cosios ever resided in the facility, explaining he will visit the facility after daycare hours.

Based on interviews which were conducted and record reviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. Two (2) Type A deficiencies under California Code of Regulations, Title 22, Division 12 & Chapter 3, are being cited on the attached LIC 9009D. A $500 civil penalty will be assessed for criminal record clearance violation.

Upon receipt of report licensees, Maria Sanchez and Damaris Lopez, are notified that this report dated 08/10/2023 documents two (2) Type A citations which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care.

Also, upon receipt of report licensees are notified to provide a copy of this licensing report dated 08/10/2023 that documents 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.
SUPERVISORS NAME: Jason Garay
LICENSING EVALUATOR NAME: Edgar Campana
LICENSING EVALUATOR SIGNATURE:

DATE: 08/10/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/10/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 20-CC-20230120164031
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: SANCHEZ, MARIA & LOPEZ, DAMARIS FAMILY CHILD CARE
FACILITY NUMBER: 376623823
VISIT DATE: 08/10/2023
NARRATIVE
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Exit interview conducted and report was reviewed with Maria Sanchez in Spanish. A copy of this report, along with Appeal Rights (LIC9058 03/22) were provided to Maria Sanchez and Damaris Lopez. A 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: Jason Garay
LICENSING EVALUATOR NAME: Edgar Campana
LICENSING EVALUATOR SIGNATURE:

DATE: 08/10/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/10/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 20-CC-20230120164031
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: SANCHEZ, MARIA & LOPEZ, DAMARIS FAMILY CHILD CARE
FACILITY NUMBER: 376623823
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/10/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/10/2023
Section Cited
HSC
1596.885(c)
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§1596.885 (c) Conduct Inimical. The department may…suspend or revoke any license…issued under this act upon any of the following grounds…(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 as evidenced by:
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Licensee stated that she does not agree with deficinecy and refutes allegation.

LPA advised licensee that the case will be referred to the Department’s Legal Division for potential Administrative Action.
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Based on law enforcement records reviewed and interviews conducted, the co-licensee and former adult resident engaged in inimical conduct, including the distribution of narcotics, money laundering and making false statements to Department representatives by attempting to deceive or withhold information, which poses an immediate Health and Safety Risk to children in care.
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Type A
08/11/2023
Section Cited
CCR
102370(d)(1)
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102370 Criminal Record Clearance. (d) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to…residing…in a licensed facility: (1) Obtain a California clearance or a criminal record exemption as required by the Department…

This requirement was not met as evidenced by:
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Licensee advised that the individual is currently incarcerated and therefore unable to return to the facility. Licensee stated if the individual is released from custody he will most likely live in Mexico
Licensee to review Criminal Record Clearance video and submit summary to Department by 08/17/2023.

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Based on interviews conducted and records reviewed, the licensee did not to ensure that an adult resident obtain a criminal record clearance or exemption, which poses an immediate Health and Safety risk to children in care.
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LPA advised licensee that the case will be referred to the Department’s Legal Division for potential Administrative Action.
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: Jason Garay
LICENSING EVALUATOR NAME: Edgar Campana
LICENSING EVALUATOR SIGNATURE:

DATE: 08/10/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/10/2023
LIC9099 (FAS) - (06/04)
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