Inspector’s narrative
What the inspector wrote
On March 30th, 2021 Licensing Program Analyst Lisa Rios conducted a pre licensing tele-visit (due to Covid-19) to the Davila Family Child Care via Face Time. The applicant has applied for a small family childcare that will serve children 0-6 years old Monday-Friday from 6:00am to 6:00pm.
Entrance from the street is through a large gate across the driveway to the right of the front house.
Upon entering the home there is a sign to the right of the front door asking parents to be masked, patient and stand 6' apart while waiting for their child's temperature check before entering the family childcare home. When you walk in the home the living room is the main area of childcare. There is an information board to the right on the wall with all required licensing posting and Covid-19 precautions and guidance. Next to the information board there is a shelf out of the reach of children with masks, hand sanitizer, disinfectant spray and a no-touch thermometer. Underneath there is a basket on the floor asking children to please remove their shoes. Next to this basket there are 8 children's cubbies each with a basket in the top opening and space for them to hand their coats, have change or clothes and other personal items. These cubbies have been mounted to the wall for safety.
In this room attached to the wall at about 5 feet, there is an emergency kit, locked medicine box, fire extinguisher 2A10BC dated 2/22/21 and earthquake preparedness backpack. The floor to ceiling heater has a gate around it and a cover so fingers can't reach inside the heater. There is also a mounted gate between this room and the kitchen. Also, in this area you will find a play kitchen, a sectional couch, a children's table with 6 chairs, a crib with fitted sheet and mattress, a rocking chair, a gated space with matting for infants and shelves with age appropriate toys. To the left on the way to the kitchen is a bathroom for the children. All drawers and cabinets have child proofed locks, theirs a stool, potty seat and all toiletries are up high and inaccessible to children. Next to the bathroom is a small bedroom that only has a changing table and will be used as an isolation room for sick children. One opening of this room leads to a kitchen that has been blocked off by a baby gate that's mounted to either side of the wall. Although the kitchen has been made inaccessible, everything drawer and cabinet has a safety latch including the refrigerator and the stove has child protected safety knobs.
(D) Documentation shall be maintained in the infant\342\200\231s file and be available to the Department for review. Documentation shall include the following:
a. Date.
b. Infant\342\200\231s name.
c. Time of each 15-minute check.
(3) If the provider observes any of the indicators referenced in Subsection i(2)(A) or (B) above, the provider shall do the following:
(A) Immediately notify the infant\342\200\231s authorized representative.
(B) Obtain specific instruction from the infant\342\200\231s authorized representative regarding action to be taken and make prompt arrangements to obtain medical treatment if necessary.
(C) There shall be no delay in obtaining emergency medical treatment for the infant if the infant\342\200\231s condition requires immediate attention.
(4) The provider shall be near enough to the sleeping infant to be able to hear them wake up.
(5)
If the infant is sleeping in a separate room from where the provider is stationed, the door to the room the infant is sleeping in shall remain open at all times.
(A) The provider shall be able to visually observe the infant without moving the door.
(6) The provider shall be on the same floor as the sleeping infant.
(7) A digital video and audio monitoring device may be used in the home but shall not be used in place of the requirements enumerated in subjection (j).
Authority cited: Section 1596.81, Health and Safety Code.
Reference: Section 1596.847, Health and Safety Code.
The home is in substantial compliance and ready to be licensed. A copy of this report was signed and emailed to the licensee.
All wall outlets have child safety covers, the rooms are properly ventilated, enough lighting, clean and without needed repairs. Licensee states there are no firearms in the home.
Outside is reached from a door through the kitchen that goes into the master bedroom which is off limits. Once outside there is a cement slab surrounded by grass. The cement has matting covering half of it with age appropriate toys and a canopy over it, cars and bikes on the cement part, a water heater that's locked, a play house, fruit trees, picnic table with bench and some children's chairs. There's a shelf outside out od reach of the children with hand sanitizer, wipes and masks. Each side of the house has a tension gate so that children can not leave the backyard. There are no bodies of water on the premises.
The following was discussed with the applicant:
The Presence of an Excluded Person on the Premises (HSC 1597.58(c)(6))
Regulation(s): 102370.1(a) The Department shall notify a licensee to immediately terminate the employment of or to remove/bar any person with specified convictions or for other reasons. The licensee shall comply with the notice. Civil penalty applies whenever there is an enforceable order of exclusion and the person is in the facility. Does not include uncleared adults.
Applicant was made aware that once licensed, it is the licensee\342\200\231s responsibility to know the regulations as well as anyone who assists in providing care. Applicant was advised on how to access quarterly reports, forms, and regulations for Child Care online at
www.ccld.ca.gov
.
Applicant was also encouraged to read the Child Care quarterly updates every season as the come out to stay informed of any changes or updates to the regulations.
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.
Commencing September 1, 2016, SB 792
, 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. Influenza waiver was discussed during the visit.
AB 1207
: Beginning on January 1, 2018, this law requires all licensed providers, applicants, directors and employees to complete training as specified on their mandated reporter duties and to renew their training every two years.
Volunteers are encouraged but not required to take the training.
Website:
www.mandatedreporterca.com
(A) Instructions on how the infant shall be placed to sleep. including sleep position.
(B) Duration the exemption is to be in place.
1. Upon expiration of the medical exemption, the provider shall follow all requirements set forth in subsection (d).
(C) The licensed physician\342\200\231s contact information.
(D) Signature of the licensed physician and date of signature.
(2) The medical exemption shall be included in the infant\342\200\231s file and be maintained as specified in Section 102421.
(3) An infant with an Individual Infant Sleeping Plan [LIC 9227 (3/20)] that has Section C of the form completed and signed by an authorized representative shall be placed on their back when first laid down to sleep. In the event the infant changes position, the infant may remain in the alternative position.
A. Upon the provider\342\200\231s observation that the infant is capable of rolling from their back to their stomach and stomach to their back, the provider shall fill out Section D of the Individual Infant Sleeping Plan [LIC 9227 (3/20)], notify the authorized representative, and obtain the authorized representative's signature on the Individual Infant Sleeping Plan no later than the next business day following observation.
(e) No infant shall be forced to sleep, to stay awake, or to stay in the designated sleeping area.
(1) The provider is not prohibited from scheduling sleep times for infants over 12 months old.
(f) An infant shall not be swaddled while in care.
(g) An infant\342\200\231s head shall not be covered while sleeping.
(h) Car seats shall only be used for transportation purposes and shall not be used for sleeping.
(i) If an infant falls asleep before being placed in a crib or play yard, the provider shall move the infant to a crib or play yard as soon as possible.
(j) The provider shall supervise infants while they are sleeping and adhere to the following requirements:
(1) The provider shall physically check on the infant every 15 minutes.
(2) The provider shall check and document the following:
(A) Labored breathing.
(B) Signs of distress which includes but is not limited to flushed skin color, increase in body temperature and restlessness.
(C) Infants up to 12 month of age who are sleeping in a position other than on their back.
1. If the infant\342\200\231s Individual Infant Sleeping Plan [LIC 9227 (3/20)] does not have Section C completed, the provider shall return the infant to their back for sleeping.
Applicant agrees to operate the family child care home in a way to reflect a home-like environment and agrees to the following per Children\342\200\231s Personal Rights Title 22 Regulation(s): 102423
(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: (1) To be treated with dignity in his/her personal relationship with staff and other persons. (2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. (3) To have parents or guardians informed by the licensee of the provisions of the law regarding complaints and the procedures for registering complaints confidentially, including, but not limited to the address and telephone number of the licensing agency's complaint unit. (4) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including, but not limited to: interference with eating, sleeping or toileting; or withholding shelter, clothing, medication or aids to physical functioning.
Incidental Medical Services (IMS) policy was discussed. 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, available at:
http://www.ada.gov/childqand
. Incidental Medical Services (IMS) policy was discussed. 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, available at:
http://www.ada.gov/childqanda.htm
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 child care or school in California. Personal beliefs exemptions already on file will remain valid until the child reaches the next immunization checkpoint.
The Following New Infant Regulations were discussed:
102425
Infant Safe Sleep
(a) There shall be one crib or play yard for each infant who is unable to climb out of the crib or play yard.
(1) All cribs or play yards shall meet the United States Consumer Product Safety Commission safety standards.
(2) Placement of cribs or play yards shall not hinder entrance or exit to and from the space where infants are sleeping.
(3) Mattresses shall be firm and covered with a fitted sheet that is appropriate to the mattress size, fits tightly on the mattress, and overlaps the underside of the mattress so it cannot be dislodged.
(4) Mattresses shall be made specifically for the size crib or play yard in which they are placed.
(5) Fitted sheets shall be replaced when wet or soiled.
(6) Each infant's bedding shall be used for him/her only. Bedding that touches the infant\342\200\231s skin shall be cleaned at least weekly or before use by another infant.
(7) Soiled bedding shall be placed in a closed
container and made inaccessible to infants until washed.
(b) Cribs or play yards shall be free from all loose articles and objects.
(1) Pacifiers shall be allowed in the crib or play yard if the following provisions are in place:
(A) There shall not be anything attached to the pacifier.
(B) The pacifier shall be specific to the infant it is being given to.
(2) Bumper pads shall not be used.
(3) There shall be no objects hanging above or attached to the side of the crib.
(c) An Individual Infant Sleeping Plan [LIC 9227 (3/20)] shall be completed for each infant up to 12 month of age the provider has in care and maintained at the facility in the infant\342\200\231s file.
(1) This plan shall be signed and dated by the infant\342\200\231s authorized representative.
(2) 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.
(d) The provider shall place infants up to 12 month of age on their backs for sleeping.
(1) This requirement shall not apply if the infant has a medical exemption from a licensed physician that allows for an alternative sleep position. The medical exemption shall be attached to the Individual Infant Sleeping Plan [LIC 9227 (3/20)] and contain the following criteria: