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Inspection visit

Complaint

ABERGEL FAMILY CHILD CARELicense 1974186792 citations on this visit
2 citations recorded

Inspector’s narrative

What the inspector wrote

Office Support Staff confirmed that Assistant #2 was not associated to this facility. At approximately 9:10am, there was 1 infant and 11 children in care. Assistant #1 contacted the Licensee via telephone. Licensee requested to speak to LPA. Licensee disclosed to LPA that she is out of the country due to a family emergency and left Assistant #1 and Assistant #2 responsible for the care and supervision of the children enrolled at the facility. Per Licensee, parents were notified of Licensee’s absence and parents agreed to bring children to care in her absence. Licensee disclosed to LPA that she will not be returning to her home today and will be out of the country for another couple of days (date unknown), which exceeded the 20 percent temporary absence allowed. LPA reminded licensee via telephone that Section 102417(a) Operation of a Family Child Care Home states the licensee shall be present in the home and shall ensure that children in care are supervised at all times. When circumstances require the licensee to be temporarily absent from the home, the licensee shall arrange for a substitute adult to care for and supervise the children during his/her absence. Temporary absences shall not exceed 20 percent of the hours that the facility is providing care per day. LPA also reminded Licensee via telephone that all adults 18 and over living or working in the home, including employees and volunteers, except as specified in Health and Safety Code section 1596.871, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to initial presence in a licensed Family Child Care Home. A civil penalty of $100.00 minimum/day for a maximum of 5 days or, if the penalty is for a repeat violation, for a maximum of 30 days per person will be assessed if this regulation is violated. Via telephone, LPA asked Licensee if Assistant #1 can provide children files to review and requested a copy of the LIC9040 Facility Roster. Per Licensee, children files were stored in a locked room. Assistant #1 refused to disclose names of children in care. After several attempts to get names of children, Assistant #1 and Assistant #2 provided names of children in care to LPA. After several request, Assistant #1 provided LPA with 8 of 12 files for the children in care. Assistant #1 was not able to locate the LIC9040 Facility Roster. During the inspection, LPA observed a 2-story detached dwelling in the back yard. Per Assistant #2, children play and use the bathroom on the first floor of the detached dwelling. LPA observed children watching television on the first floor. ---Page 2 of 4 LPA observed clothing and personal hygiene products stores in the bathroom children in care use. LPA asked Assistant #1 and Assistant #2 if anyone reside in the upstairs loft. Both Assistant #1 and Assistant #2 stated to ask the Licensee. Assistant #1 called Licensee via telephone. Licensee disclosed to LPA that a male individual (name not disclosed) lives in the loft. Male individual only resides there on the weekend when no children are present. When interviewing Assistant #1, Assistant #1 disclosed that an unknown male individual resides on the 2nd floor loft. Assistant #1 has observed the unknown male leave the home at approximately 7AM and returns after 6PM on days Assistant #1 is present in the home. Per Licensee, the 2-story dwelling is a different address, is not part of the Licensee’s home. Per Assistant #1, Assistant #1 does not live in the home. Assistant #1 arrives at the home at 7:30AM. Children begin to arrive for care at 8:30AM and children are picked up sometime around 5:00PM. During the investigation conducted by the LPA, interviews were conducted, and pictures were obtained. Based on the investigation conducted by the LPA which includes interviews, disclosures made by Licensee, observations, and record reviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. The following deficiencies listed on the attached LIC 809D (deficiency page) are being cited in accordance with California Code of Regulations Title 22. Deficiencies that are being cited need to be cleared to protect the children’s health & safety. A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled children for the next 12 months (1 year). The Acknowledgement form must be maintained in each child’s file immediately upon receipt from parent. A copy of this report, appeal rights, and Notice of Site Visit was provided. ---Page 3 of 4 The Notice of Site Visit must remain posted for 30 days during the hours of operation after each site visit by a licensing representative. Failure to maintain posting as required will result in a civil penalty of $100.00. Exit interview was conducted with Cleotilde Oralia Urban, Assistant #1. ---Page 4 of 4

Citations

5 citations recorded*CCLD

What does Type A vs Type B mean?

Type A. Serious citation. Imminent or substantial risk to children. The regulator requires corrective action immediately and may impose a civil penalty.

Type B. Lower-severity citation. Corrective action required, no imminent risk. The regulator monitors compliance on the next visit.

  • 102370(k)Type A

    (k) The licensee shall maintain documentation of criminal record clearances or criminal record exemptions of employees, volunteers that require fingerprinting and non-client adults residing in the facility.This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above in Miriam Castillo was not associated to Abergel Family Child Care prior to initial presence in the licensed Family Child Care Home which poses an immediate health, safety or personal rights risk to persons in care.

  • 102417(a)Type A

    OPERATION OF A FAMILY CHILD CARE HOME

    (a) The licensee shall be present in the home and shall ensure that children in care are supervised at all times. When circumstances require the licensee to be temporarily absent from the home, the licensee shall arrange for a substitute adult to care for and supervise the children during his/her absence. Temporary absences shall not exceed 20 percent of the hours that the facility is providing care per day.This requirement is not met as evidenced by: Based on observation and interviews, the licensee did not comply with the section cited above in Licensee disclosed to LPA via telephone that she is out of the country due to a family emergency and left Assistant #1 and Assistant #2 responsible for the care and supervision of the children enrolled at the facility, which exceeded the 20 percent temporary absence allowed and poses an immediate health, safety or personal rights risk to persons in care.

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  • OPERATION OF A FAMILY CHILD CARE HOME

    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 ... consent to emergency medical care.This requirement is not met as evidenced by: Based on interviews and record reviews, the facility did not comply with the section cited above in Assistant #1 was only able to provide LPA with 8 of 12 files for the children in care with emergency information cards which poses a potential health, safety or personal rights risk to persons in care.

  • OPERATION OF A FAMILY CHILD CARE HOME

    Each family child care home shall have a current roster of children as specified in Health and Safety Code Section 1596.841.This requirement is not met as evidenced by: Based on interview, the facility did not comply with the section cited above in Assistant #1 was not able to locate or provide the LIC9040 Facility Roster which poses a potential health, safety or personal rights risk to persons in care.

  • 102417(g)(9)Type B

    Each family child care home shall have a written disaster plan of action prepared on a form approved by the Department...the assistant provider... shall be instructed in their duties under the disaster plan...This requirement is not met as evidenced by: Based on interviews, the facility did not comply with the section cited above in Assistant #1 was not able to provided any information on her duties on the disaster plan and was not able to provide a copy of the approved LIC610A Emergency Disaster Plan For Family Child Care Homes Disaster Plan which poses a potential health, safety or personal rights risk to persons in care.

FAQ · About this visit

Common questions about this visit

What happened during the August 13, 2024 inspection of ABERGEL FAMILY CHILD CARE?

This was a complaint inspection of ABERGEL FAMILY CHILD CARE on August 13, 2024. 2 citations were issued: 2 Type A (serious).

Were any citations issued to ABERGEL FAMILY CHILD CARE on August 13, 2024?

Yes, 2 citations were issued (2 Type A, 0 Type B). The first citation was for: "(k) The licensee shall maintain documentation of criminal record clearances or criminal record exemptions of employees, ..."

What type of inspection was this?

This was a complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

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