Inspector’s narrative
What the inspector wrote
On 4/28/2021 at 10:08 am, Licensing Program Analyst (LPA) Kristina Mitchell and Licensing Program Manager (LPM) Karren Starks conducted a tele-visit to the Cortez Family Child Care Home for the purpose of conducting a case management tele-inspection for a capacity increase. Due to Covid-19 the tele-inspection was conducted via FaceTime with applicant Liliana Cortez.
The licensee has specified that she will operate Monday \342\200\223 Friday 23 hours a day, serving children 6wks-12 years of age. The licensee was advised that during hours of childcare that the licensee shall be present in the home and shall ensure children in care are always visually supervised. Residents in the home include the licensee, her husband, daughter-in-law and her daughter age 4 years old.
All areas identified on the facility sketch were inspected. The areas that were inspected were the living room, dining room, 3 bedrooms, 2 bathrooms, kitchen, laundry area backyard and the exterior of the facility. Licensee stated that main care will be conducted in the living room, master bedroom and backyard. COVD-19 postings and check-in station is located outside at entrance of home. When entering home, you enter the living room which will be the main day-care area. There is a small children\342\200\231s table with 4 chairs, 1 toy storage organizer, library, kitchen, 1 playpen and 1 couch. The parent information board is located next to front door with all necessary licensing documents posted.
The dining room is directly attached to the living room is off limits secured with a child proof gate. Licensee states that she allows her daughter to eat at dinner table and a highchair is placed in this area to feed the youngest baby in care during the feeding times. The kitchen and laundry areas are attached and made inaccessible by child safety gates. There is a door leading from the laundry room to the backyard which is the designated exit.
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When entering the home directly to the left is the master bedroom which licensee states will be used as an additional sleeping area for additional children in care. LPA observed the licensee\342\200\231s bed, daughters\342\200\231 crib, elliptical exercise equipment, a dresser end table and storage cubbies for 6 possible children in care. The children\342\200\231s restroom is located inside the master bedroom. The master bedroom door and the children\342\200\231s restroom doors are both secured with children\342\200\231s safety lock handles.
The main living areas of the home are located through the dining room on the left and are made inaccessible with a baby gate. There is a hallway leading to bedrooms 1 & 2, closet space and restroom that are all off limits and inaccessible. The hallway is used to store 4 children\342\200\231s cots and additional chairs. The first door on the left of the hallway is a closet containing the families clothing and additional stored toys for children. The second door leads to bedroom 1 which is off limits. The third door on left leads to bedroom 2 which is off limits. The second restroom is located on the right of the hallway and is off limits. Child safety lock handles are secured on all 3 doors.
The childcare bathroom is again located inside master bedroom. During visit LPA observed hazardous materials in the cabinets of the bathroom and licensee removed them during the time of inspection. The kitchen, laundry and bathroom cabinets and drawers are latched to make sharp objects, medications, toxins, poisonous items and detergents are inaccessible to children in care. LPA observed materials and equipment that are age appropriate for children.
The outdoor yard of the home is accessible through the laundry room. LPA observed a grass area that contains a play structure that included 2 swings, slide and climbing structure. There is a pavement area where there are multiple toy cars, bikes, play kitchen, basketball court, a playhouse and various materials for children to play with. There is also a covered family barbecue pit, covered bar station and refrigerator that are made inaccessible behind a child proof gate. A storage shed is in the backyard which has a combination lock in order to enter and remains locked. LPA observed a fig and persimmon tree in the yard along with a fenced area containing 2 rose bushes. On the right side of the home is a locked fence that leads to an area that is off limits to children in care. This area contains an additional key locked storage shed and additional personal items that the licensee is storing. There is a fenced gate that leads to the main street.
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A RAST assessment due to COVID-19 was conducted and additional materials were reviewed and emailed to licensee for posting. During inspection LPA observed that COVID-19 protocols were not being followed or enforced. Children over the age of 2 were not wearing required face mask and 6 feet distance between children were not enforced. LPA reviewed the COVID-19 self-assessment with licensee and CDC guidelines to ensure the safety of children enrolled in daycare. Licensee stated that she would communicate this information to the parents of children in care and begin following the public health departments guidance\342\200\231s.
Licensee stated that there are no firearms which are kept on the premises. Fire extinguisher 2A10BC is up to date and was serviced in February 2020. Licensee has a working smoke detector in dining room and carbon monoxide in hallway. Cleaning products are kept underneath the kitchen sink and laundry room above washing machine. Licensee\342\200\231s First Aid/CPR Training expires 6-08-2021.
Licensee has submitted a disaster plan. The licensee has completed preventive Health and Safety/Childhood Nutrition/ LEAD and Mandated Report training. Notification of Parents\342\200\231 Rights Poster and Emergency Disaster Plan are posted.
The following was discussed with the licensee:
Individuals who are 18 years of age or older living in the home must obtain a criminal record clearance. Individuals within one month of their 18th birthday must be fingerprinted immediately. Failure to obtain a criminal record background check clearance prior to initial presence in the home will result in an immediate $100.00 dollar or more per day Civil Penalty.1111
-In the absence of the licensee a qualified adult must be present supervising the children; a qualified adult is an individual who has a valid and current adult/infant CPR & Pediatric First Aid certification and a valid criminal record clearance associated to the facility license.
-A current roster of children enrolled must be available and maintained for a period of three years, even after children no longer are attending the facility.
-Annual fees must be paid promptly and by the due date or a late fee shall be assessed and/or the License shall be terminated.
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-The fire extinguisher type 3A-40BC must be serviced annually or as often as necessary and smoke and carbon monoxide detectors should be checked, and batteries replaced as needed.
-Changes should be reported to the Department as soon as they occur such as construction, remodeling, telephone number changes and/or if you move from your home.
-Any unusual incidents or injuries must be reported to the Department within 24 hours via telephone and within seven (7) days in writing. (use LIC624B for written report)
-Fire and safety drills must be performed every six months and documented for review by the Department.
-Smoking is prohibited in a family childcare home.
-Children and Staff records must be maintained and updated as needed and must be available for review by the Department.
-Dog(s) and or pets are recommended to be isolated from children in care. Proof of vaccination was provided to LPA for dog in the home. Licensee stated that dog is kept in daughter\342\200\231s bedroom (bedroom 2) while children are outside and taken outside when children are in the home.
- No infant walkers, No Johnny jumpers, No saucer chairs, No trampolines and any other item that falls into that category are not permitted in the facility.
-All adults living and working in the home shall be made of aware of the Departments right to inspection authority, which includes but not limited to the right to enter the home when children are being cared for, interview children and adults and review documentation.
- Licensees shall reveal each facility license number in all advertisements, publications or announcements with the intent to attract clients.
- Emergency Disaster Plan, Parent\342\200\231s Rights Poster and the Facility License are required to be posted.
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The facility is currently providing IMS. Incidental Medical Services (IMS) policy was discussed with the licensee. For IMS information see Evaluator Manual - Regulation Interpretations and Procedures for Family Child Care Homes Section 102417. When any IMS is provided, a Plan for Providing IMS must be submitted to the Department. The following information regarding ADA was provided: US Department of Justice (USDOJ) toll-free ADA Information Line at (800) 514-0301 (voice)/ (800) 514-0383 (TTY) and link to publication: Commonly Asked Questions about Child Care Centers and the ADA, are available at:
http://www.ada.gov/childqanda.html
.
Per licensee, she does not carry liability insurance or a bond in accordance with standard established by Family Child Care statue. Signed statements (LIC282) will be in children's files. The law requires Family Child Care provider to carry liability insurance or bond in the amount of $300,000 annually or to maintain the singed statement in the facility file.
LPA consulted and explained Child Abuse Reporting, Updated Patent\342\200\231s Rights Poster with Complaint Hotline information, Never Shake a Baby, Sudden Infant Death Syndrome (SIDS), and Safe Sleeping practices which Baby is always sleeping on his/her back. Capacity Handout (Small & Large) was provided during this inspection.
LPA advised the licensee how to access forms, regulations and quarterly updates on the Child Care Licensing website at:
www.ccld.ca.gov
.
In addition, LPA distributed LIC-311D and explained the following forms:
LIC311D:
CHILDREN RECORDS: LIC: 700 Identification and Emergency Information, 702 Child\342\200\231s Pre-admission Health History LIC 995E Caregiver Background Check Process, 995A Notification of Parent\342\200\231s Rights, 627 Consent for Emergency Medical Treatment, 613A Personal Rights, LIC282 Affidavit Regarding Liability Insurance, LIC9150 Parent Notification, Additional Children in Care and Individual Infant Sleeping Plan LIC9227.
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FACILITY RECORDS:
LIC9149 Property Owner/Landlord Consent, PUB 394 Notification of Parents Rights, PUB 269 California Child Passenger Safety Law, LIC 9040 Facility Roster, LIC624A Death Report, LIC6101A Emergency Disaster Plan, LIC9148 Earthquake Preparedness Checklist, LIC 624 Unusual Incident/Injury Report. LIC311D Forms/Records to keep In Your Family Child Care Home, Family Child Care Self-Assessment Guide.
STAFF RECORDS:
LIC 508 Criminal Record Statement, LIC 501 Personnel Record, LIC 503 Health Screening/TB, LIC9052 Employee Rights, LIC9108 Statement Acknowledging Requirement to Report Child Abuse, LIC 9163 Request for LIVESCAN, LIC9188 Criminal Record Exemption Transfer Request, LIC 9182 Criminal Background Clearance Transfer Request, LIC9052 Employee Rights.
The licensee was informed of The Child Care Advocate Program (CCAP) that is administered from within the Community Care Licensing Division. CCAP participates in many community activities and special projects in order to disseminate information on the State\342\200\231s licensing role, provide information to the public and parents on childcare licensing, and provide many other helpful resources to the licensees and the public. CCAP\342\200\231s direct contact information is as followed: Phone number: (916) 654-1541
Email Address: childcareadvocatesprogram@dss.ca.gov
The following were also discussed with the licensee:
Assembly Bill 633: Upon receipt by the licensee, licensees are to provide to parents/guardians the following: Copies of any licensing reports that document a Type A citation- this includes facility visits and substantiated complaint investigations; copy of licensing documents pertaining to a conference conducted by a local licensing agency management representative and the licensee of this family child care home in which issues of noncompliance are discussed or copies of a summary of an accusation indicating the Department's intent to revoke the facility's license. Copies of any of the above licensing documents the licensee has received in the prior 12 months shall be provided to parents/guardians of newly enrolled child at the facility.
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Senate Bill 792: This bill, commencing September 1, 2016, prohibits a person from being employed or volunteering at a childcare facility or family day care if he or she has not been immunized against influenza, pertussis and measles.
New Appeal Process: A licensee may file an appeal, in writing 15 business days from the date of receiving the penalty assessment. All appeals must be sent to:
California Department of Social Services | Community Care Licensing Division
300 N. Continental Blvd., Suite 290-A
El Segundo, CA 90245
New Immunization Requirement: Law enacted by SB 277, beginning January 1, 2016, personal beliefs exemptions will no longer be an option for the vaccines that are currently required for entry into childcare or school in California. Personal beliefs exemptions already on file will remain valid until the child reaches the next immunization checkpoint.
Assembly Bill 1207: California Child Care Workers; Mandated Training Requirement. Beginning January 1, 2018, all licensed providers, applicants, directors and employees must complete Mandated Reported Training prior to March 30, 2018 and renew training every two years at: www.mandatedreporterca.com.
Nutrition Requirement: Beginning January 1, 2016, AB 290 will require for each new license issued, at least one director or teacher at each childcare center or family childcare home to have at least one hour of training in the importance of childhood nutrition. This applies to anyone submitting a new application, relocating their facility, selling their facility or transferring their license. Please note this training cannot be completed online or by home study programs. The training must be taken from an Emergency Medical Services Authority (EMSA) approved training program or an accredited college or university.
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CORRECTION ITEMS:
The following corrections need to be made by applicant within 30 days and submitted to the department by April 30,2021.
\342\200\242 A designated container for toys that need to be cleaned, sanitized, or disinfected before being introduced back into play areas.
\342\200\242 Additional cots and sleeping equipment for additional children due to capacity increase.
An exit interview was conducted via Tele-Visit with Applicant, Liliana Cortez. A copy of this report was issued to the applicant. A copy of this report is being emailed to the applicant due to COVID-19 and it has been explained that a reply to the email shall be considered a substitute for the hard-copy signature.
The increase of capacity is pending the receipt of corrections and managerial review.
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On 4/29/2021 LPA Mitchell received via email pictures of corrections needed. Additional beds were added to the home and a bucket has been designated for soiled toys. LPA has submitted LIC 809 for review to applicant signature due to COVID-19.