Inspector’s narrative
What the inspector wrote
08/16/2023, an Informal Office meeting was conducted in person. In attendance at this meeting were Licensee Berta Gomez-Nunez, Assistant Jose Rivera, Licensing Program Analyst Jose Penate, and Licensing Program Manager Duane Matsubara. The purpose of this meeting was to discuss recent violations of Title 22 Regulations.
The following incident was discussed:
Type A deficiency
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07/26/23-(g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: During an annual inspection, it was substantiated that the licensee had a kitchen knife and a gas barbecue grill with propane attached accessible to children in care. This poses an immediate health, safety or personal rights risk to persons in care.
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07/26/23-(a) There shall be one crib or play yard for each infant who is unable to climb out of the crib or play yard. Based on observation, the licensee did not comply with the section cited above. During inspection LPA observed licensee place an infant on a cot to sleep, licensee was utilizing a blanket and a pillow while other children were playing near and around the infant. This poses an immediate health, safety or personal rights risk to persons in care.
Type B deficiency
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07/26/23-(1) Commencing September 1, 2016, a person shall not be employed or volunteer at a family day care home if he or she has not been immunized against influenza, pertussis, and measles. Each employee and volunteer shall receive an influenza vaccination between August 1 and December 1 of each year. Based on record review, the licensee did not comply with the section cited above. Licensee could not provide proof of the following immunizations for herself influenza, pertussis, and measles. Staff #1 was unable to provide proof of pertussis and influenza which poses a potential health, safety or personal rights risk to persons in care.
Continued on LIC809-C
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07/26/23-(7) An emergency information card shall be maintained for each child and shall include the child's full name, telephone number and location of a parent or other responsible adult to be contacted in an emergency, the name and telephone number of the child's physician and the parent's authorization for the licensee or registrant to consent to emergency medical care. Based on interview and record review, the licensee did not comply with the section cited above. Licensee was unable to provide 5 children files which poses a potential health, safety or personal rights risk to persons in care.
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07/26/23-(1) On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child day care provider, administrator, or employee of a licensed child day care facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a), and shall complete renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. Based on record review, the licensee did not comply with the section cited above. Licensee was unable to provide completed mandated reporter training certificate. This poses a potential health, safety or personal rights risk to persons in care.
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07/26/23-An Individual Infant Sleeping Plan [LIC 9227 (3/20)] shall be completed for each infant up to 12 months of age the provider has in care and included in the infant's file at the facility. The Individual Infant Sleeping Plan [LIC 9227 (3/20)] shall be maintained in the infant\342\200\231s file and shall be available to the Department for review. Based on interview and record review, the licensee did not comply with the section cited above. Licensee was unable to provide proof of completed form LIC9227 for infants (12 months and younger). This poses a potential health, safety or personal rights risk to persons in care.
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07/26/23-(c) The family day care home shall maintain documentation of the required immunizations or exemptions from immunization, as set forth in this section, in the person's personnel record that is maintained by the family day care home. Based on observation, interview and record review, the licensee did not comply with the section cited above. During inspection LPA observed adult daughter assisting with children in care. After interview with adult daughter, she stated that she is not an approved assistant but that she does assist with the daycare from time to time when the other assistant is not available. This poses a potential health, safety or personal rights risk to persons in care.
C
ontinued on LIC809-C
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07/26/23-(a) Prior to making alterations or additions to a family child care home or grounds, the licensee shall notify the Department of the proposed changed, including, but not limited to, the following: (1) Conversion of a garage (either attached or detached) into a "child care" room. Based on observation and interview, the licensee did not comply with the section cited above. LPA observed the licensee utilize the conversion garage prior to the department approving it for the care and supervision of children. Licensee stated that she has been utilizing the garage converted daycare room since 7/18/23. This poses a potential health, safety or personal rights risk to persons in care.
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07/26/23-(g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (4) Poisons, detergents, cleaning compounds, medicines, firearms and other items which could pose a danger if readily available to children shall be stored where they are inaccessible to children. Based on observation, the licensee did not comply with the section cited above. During inspection LPA observed shampoo, conditioner, medication, liquor, and cleaning product available to children in care. This poses a potential health, safety or personal rights risk to persons in care.
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07/26/23-The provider shall supervise infants while they are sleeping and adhere to the following requirements: The provider shall physically check on the infant every 15 minutes. Based on interview and record review, the licensee did not comply with the section cited above. After file review and interview licensee stated that she does not document every 15 minutes when he/she falls asleep. This poses a potential health, safety or personal rights risk to persons in care.
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06/23/22-(g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (9) Each family child care home shall have a written disaster plan of action prepared on a form approved by the Department. All children, age and ability permitting, and the provider, the assistant provider, and other members of the household, shall be instructed in their duties under the disaster plan. As their age and ability permit, newly enrolled children shall be informed promptly of their duties as required in the plan. (A) Each family child care home shall conduct fire drills and disaster drills at least once every six months. 1. The licensee shall document the drills, including the date and time of each drill. This documentation shall be kept at the family child care home. Based on interview and record review, the licensee did not comply with the section cited above. Licensee was unable to provide proof of documented fire and disaster drill logs which poses a potential health, safety or personal rights risk to persons in care.
Continued on LIC809-C
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06/23/22-(1) Commencing September 1, 2016, a person shall not be employed or volunteer at a family day care home if he or she has not been immunized against influenza, pertussis, and measles. Each employee and volunteer shall receive an influenza vaccination between August 1 and December 1 of each year. Based on record review, the licensee did not comply with the section cited above. Licensee could not provide proof of the following immunizations for herself influenza, pertussis, and measles. Staff #1 was unable to provide proof of pertussis and influenza which poses a potential health, safety or personal rights risk to persons in care.
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06/23/22-(7) An emergency information card shall be maintained for each child and shall include the child's full name, telephone number and location of a parent or other responsible adult to be contacted in an emergency, the name and telephone number of the child's physician and the parent's authorization for the licensee or registrant to consent to emergency medical care. Based on interview and record review, the licensee did not comply with the section cited above. Licensee was unable to provide 5 children files which poses a potential health, safety or personal rights risk to persons in care.
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06/25/21-Poisons, detergents, cleaning compounds, medicines, firearms and other items which could pose a danger if readily available to children shall be stored where they are inaccessible to children. This requirement was not met as evidenced during today's inspection of backyard (accessible area to children in care). During inspection of backyard, which children have access to, LPAs observed a shovel and two propane tanks that were not covered or made inaccessible to children in care. Children were not playing outdoors during today\342\200\231s inspection. This poses a potential risk to the health, safety, and personal rights of children in care. This poses a potential risk to health, safety, and personal rights of children in care.
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06/25/21-The provider shall physically check on the infant every 15 minutes. This requirement was not met as evidenced during today's inspection of facility file review. During inspection of facility files review, Licensee could not produce proof of infant sleeping checks (every 15 minutes during sleeping/napping periods) as required for infants (0-24m) of age per regulations. LPAs provided licensee with information regarding Safe Sleep regulations and requirements. This poses a potential risk to the health, safety, and personal rights of children in care. This poses a potential risk to the health, safety, and personal rights of children in care.
Licensee is hereby reminded that she is required to ensure that the health, safety, and personal rights of children in care is protected at all times.
Facility will stay in compliance with California Code of Regulations Title 22 Division 12 Chapter 3 regulations, as well as California Health & Safety Code laws related to childcare homes, at all times. Licensee was informed of childcare training videos available on the Community Care Licensing website at
www.ccld.ca.gov
Community Care Licensing will increase frequency of site inspection visits to the facility.
It was discussed that continued violation of California Code of Regulations and Health & Safety Code laws related to childcare homes may result in a Non-Compliance meeting and/or will be referred to the Legal Division for possible Administrative Action.
This report was read aloud to the Licensee today
.