An Oxnard woman faces possible revocation of her state day-care license, following her husband's conviction on a charge that he forcibly kissed a 13-year-old girl at the facility, officials said Thursday.
The state Department of Social Services has begun day-care license revocation proceedings against Margot F. Landivar--who is authorized to care for up to 12 children in her residence--on the grounds that her husband, William (Johnnie) Monje Landivar, poses a threat to children. Margot Landivar and some clients insist that William Landivar isn't dangerous.
William Landivar pleaded guilty Dec. 31 to one count of misdemeanor child annoyance or molestation. He was sentenced to 20 days in a work release program, which he is serving weekends, and three years' probation.
Under the state Health and Safety Code, William Landivar's conviction and any "conduct inimical to the health, morals, welfare or safety of either an individual in or receiving services from" the day-care center are sufficient reasons to revoke his wife's license.
Landivar allegedly invited a neighbor's daughter into the house at 1640 Masthead Drive in September--when his wife and her charges were not present--and kissed the unidentified girl.
The Landivars, who have two children, contend that the girl initiated the contact and later distorted the incident.
"She had a crush on my husband," Margot Landivar contended.
"It's a very sad situation for us," she said, "because it's going to ruin not only our business, but our lives."
According to the Landivars and their clients, William Landivar is away at work during the hours when day-care children are at the house. Oxnard police interviewed the children in Margot Landivar's care and concluded that they had not been harmed.
"There's no connection between the day-care center and the actual molest that occurred," Detective Joe Marino said.
The Department of Social Services case for revoking Landivar's license also includes allegations that she struck an 8-year-old boy and threw a toy at him.
She maintains that the charges have been blown out of proportion because of her husband's case.
Susan Post, the mother of the child Landivar allegedly hit, said, "I didn't like it, but I understand it." Post stopped sending her son to Landivar's house but continued to leave her daughter there.
"If I was concerned about it at all, I would have taken her out," she said.
Margot Landivar can continue to operate the day-care service she began in 1987--pending a hearing that has yet to be scheduled before an administrative law judge--but she has already lost more than half her business. After her husband's conviction, the Children's Home Society withdrew the six children that it had placed with her through a state-subsidized program for working mothers.
"My son constantly asks to go back to Margot," said Cyndi Shirley, mother of one of the children who was removed.
"My daughter went camping for a week with their family," Shirley said. "She's 9, and I wouldn't feel insecure at all about leaving her with them or with him alone."
In separate actions, state regulators revoked the license of a Simi Valley day-care home and began revocation proceedings against a center in Ventura.
Theresa and Terry Gates' license to operate a facility for up to six children in their residence at 8678 Wellington St. in Simi Valley was automatically revoked when they failed to appear at a scheduled hearing.
Theresa Gates allegedly took prescription medication that was intended for the children in her care, and the children were allegedly left unattended.
Rocio Johnston could lose her license for allegedly failing to submit to state regulators the fingerprints and criminal records of other adults in her house. She is also accused of taking in more than the six children she was licensed to have at 5416 Mildred St.