Giraldo Garcia Family Child Care

PERSONAL RIGHTS

(a)Each child receiving services from a family childcare 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: (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 functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning. This requirement was not met as evidenced by: Based on the Department investigation the licensee did not comply with the section cited above as evidenced by a disclosure made during interviews conducted, which poses immediate risk to the health, safety, and personal rights of children in care.

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 was not met as evidenced by: Based on the Department investigation the licensee did not comply with the section cited above as evidenced by Licensee failed to prove adequate supervision to ensure the safety and well-being of children in care, which poses immediate risk to the health, safety, and personal rights of children in care

REVOCATION OR SUSPENSION OF A LICENSE OR REGISTRATION

102402 Revocation or Suspension of a License or Registration- (a) The Department shall have the authority to suspend or revoke any license for the following reasons: Conduct in the operation.... of a family day care home which is inimical to the health, morals, welfare, or safety..receiving services from the facility or the people of the State of California.) This requirement was not met as evidenced by: Regional Office (RO) Investigation’s Branch (IB) substantiated a complaint allegation that an adult in the home is sexually inappropriate with children in daycare and staff is physically aggressive with children in care.

REPORTING REQUIREMENTS

(b)The licensee shall report to the Department any of the events as specified in Health and Safety Code Sections 1597.467(b)(1)(A) through (b)(1)(C) that occur during the operation of the family child care home. This requirement was not met as evidenced by: Based on information discovered during a complaint investigation, licensee failed to report spouse was arrested which poses an immediate health and safety risk to children in care.

OPERATION OF A FAMILY CHILD CARE HOME

Based on observation, the licensee did not comply with the section cited above in that child was observed in the off limits kitchen area- Cleaning compounds were observed in an unlocked cabinet and on the floor which poses/posed a potential health, safety or personal rights risk to persons in care.