Gladys Hernandez

PERSONAL RIGHTS

(a) Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following: (2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. Based on documents reviewed it has been determined that an infant's diaper was not changed in a timely manner resulting in a diaper rash which poses a potential risk to the health, safety, and personal rights of children in care.

ARTICLE 2. Administration of Child Day Care Licensing

Each child day care facility shall maintain a current roster of children who are provided care in the facility. The roster shall include the name, address, and daytime telephone number of the child's parent or guardian, and the name and telephone number of the child's physician. This requirement has not been met as evidenced by: Based on record review there are 24 children on the roster with incomplete information which is a potential risk to the safety of the children in care.

STAFFING RATIO AND CAPACITY

Staffing Ratio and Capacity: 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 has not been met as evidenced by: Based the licensee leaving her assistant with four infants, two preschoolers and one school age child, which is an immediate risk to children in care.

Personal Rights: Each child receiving services from a family child care home shall have certain rights.... These rights include, but are not limited to, the following: To receive safe, healthful, and comfortable accommodations, furnishings, and equipment.This requirement has not been met as evidenced by:Based on arrival LPAs observed three infants in restraining devices which is an immediate risk to the personal rights of the children in care.

PERSONAL RIGHTS

(a)Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following: (2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement was not met as evidenced by: Based on interviews it was determined that staff were observed to be drinking alcohol in the presence of children during daycare hours, staff were yelling in front of children, staff appeared to be under the influence, and appeared wobbly. This poses an immediate risk to the health, safety, and personal rights of children in care.

CRIMINAL RECORD CLEARANCE

(d) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing, or volunteering 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: Based on interviews, observations, and record reviews it was determined that the Licensee's partner, Julio Alvarez, has been residing in the home which poses an immediate risk to the health, safety, and personal right of children in care.

STAFFING RATIO AND CAPACITY

Staffing Ratio and Capacity: (a) The capacity specified on the license shall be the maximum number of children for whom care may be provided at any one time. This regulation was not as evidenced by: Based on observation and records reviewed, it was determined that the License has a maximum capacity of 8 children, and the Licensee had 10 children in care, which poses an immediate risk to the Health, safety, and personal rights of children in care.

(d) Prior to employment or initial presence in the child care home, all employees and volunteers subject to a criminal record review shall: (1) Obtain a California clearance or a criminal record exemption as required by law or Department regulations...This requirement was not met as evidenced by: Based on interviews and records reviewed, it was determined that Karla Urquillo Alfaro, Ana Hernandez, and Julio Alvarez-Batres were caring for children without a fingerprint clearance which poses an immediate risk to the health, safety, and personal rights of children in care.