complaint·October 22, 2021

Page 2/4 -Pertaining to the allegation that “Licensee makes inappropriate comments towards day care children”: This refers to the Reporting Party’s allegation that Licensee Barrientos would make comments to their children such as asking them whether they are abused, whose side they are on (referring to their parents versus the licensee’s); that if she is mad at a child or does not like them, when the child asks licensee something, licensee would ignore them or say, “Leave me alone”; and that she called at least three children “crazy” in front of other daycare children. Children interviewed disclosed that Licensee calls children “crazy” and “stupid”; that licensee yells at children and tells them to “shut up” when she is angry; and that if a child had a special need, such as Attention Deficit Hyperactivity Disorder, licensee would ask whether that child should be in a special class at school. Also, that licensee would only offer snacks to all of the children only if certain children said they were hungry or wanted snacks; that she would tell the children that she will take them places, like to the park, only because certain children want to go to the park; and that she would not punish certain children, which made at least two of the children feel as if licensee had favorites and that the feeding schedule, outdoor activities and punishment varied by child and licensee’s inclination toward or against that child. In addition, licensee would intimidate the children by telling them that if they don't behave, ghosts would come get them at night and that if licensee’s dog barks at someone, it’s because the dog senses when someone is mean to her (licensee). Finally, that when licensee and her granddaughter signed up for a gymnastics school and found out that a daycare child was enrolled in the same school, licensee told the daycare child to change schools so they wouldn’t be attending the same school and told a daycare child to tell their parent to throw away a birthday gift licensee had Page 3/4 given to the parent since licensee was having a conflict with their parent. No disclosures were made by parents. Licensee denied saying inappropriate remarks to the children, stating only that she is a Christian. This agency has investigated the complaint alleging that there was a violation of Title 22, Division 12, Chapter 1, Article 6, Section 102423 "Personal Rights." The complaint alleged that “Licensee makes inappropriate comments towards day care children.” Based upon the evidence as presented above, the allegation that “Licensee makes inappropriate comments towards day care children” has been determined to be Substantiated. A finding of Substantiated means that the preponderance of evidence standard has been met. California Code of Regulations, Title 22, Division 12, Chapter 1, Article 06, Section 102423 "Personal Rights" is being cited on the attached LIC 9099D. Upon receipt, Licensee Maria Barrientos shall post the Notice of Site Visit and the deficiencies page of the report. This page and the Notice of Site Visit shall be posted for 30 consecutive days. Failure to maintain posting as required will result in the issuance of a citation and the assessment of a $100 civil penalty. A copy of this report shall be provided to the parents/guardians of the children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parents/guardians of any children newly enrolled at the facility for the next 12 months. The LIC 9224 Acknowledgement of Receipt of Licensing Reports must be maintained in each child's file immediately upon receipt from the parent. LPA provided Licensee Barrientos with a blank copy of the LIC 9224 Acknowledgement of Receipt of Licensing Report. Page 4/4 An exit interview was conducted with, and a copy of the report has been signed by and provided to Licensee Barrientos. Appeal Rights have been provided and explained to Licensee Barrientos as well. Page 2/3 -Pertaining to the allegation that “Licensee tried to engage in a physical altercation with another adult in the presence of day care children”: This refers to the Reporting Party’s (RP) allegation that licensee tried to hit them after RP tried to give licensee a two-week notice. Per RP and the two witnesses, Child #1 and Child #2, this occurred at the entryway at pick up time when licensee and the witnesses were inside the residence and the RP was outside of the entryway. Per RP, when she tried to give licensee notice, licensee closed her fist and raised her arm as if she was going to strike RP. According to Child #2, licensee had the clipboard and pen with which parents sign in and sign out. When RP gave licensee the two-week notice, licensee lifted up the arm with which she was carrying the clipboard and raised it as if she was going to hit RP. Child #1 only heard licensee gasp. According to Licensee, she gasped because RP threw a note at her and she was scared. Licensee denied that she was going to hit RP. This agency has investigated the complaint alleging that there was a violation of Title 22, Division 12, Chapter 1, Article 6, Section 102423 “Personal Rights.” The complaint alleged that “Licensee tried to engage in a physical altercation with another adult in the presence of day care children.” As there were no corroborating statements made, based upon the evidence as presented above, the allegation has been determined to be Unsubstantiated. A finding of Unsubstantiated means that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur. Page 3/3 No citations are being issued for the allegation listed above. An exit interview was conducted with, and a copy of the report has been signed by and provided to Licensee Barrientos. Appeal Rights have been provided and explained to Licensee Barrientos as well.