Inspector’s narrative
What the inspector wrote
Licensing Program Analyst (LPA), Thompson conducted an Annual Random inspection at the facility on todays date.
Upon arrival at approximately 12:20 PM. As LPA was walking to the front door, LPA observed a male pull into the driveway and was met outside by Daniel Rabanal. LPA introduced himself to Daniel, and Daniel stated he was the son of the licensee and licensee Maria Rabanal was not home. LPA asked Daniel who was in charge of the day care. Daniel stated his Aunt Martha Risco. Once LPA entered the home, LPA observed Martha holding child #2 (C2) hand in the hallway and walking the child into the family room. LPA introduced himself to Martha and stated the reason for the visit. LPA then asked staff #2 (S2) who was in charge and S2 stated Martha. LPA observed Martha looking at S2 while pointing at Daniel and Daniel looking at S2 pointing at himself. Martha Stated she was not in charge and has been present in the home since February 08, 2025. Martha stated she is only visiting and not helping with the day care. LPA observed Martha Graciela Risco Gonzales Vigil is not associated to the family child care home.
Facility representative Daniel was reminded that all adults 18 and over, 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 Child Care Center. 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.
A review of the Facility Personnel Report Summary on this date indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions with the exception of Martha Graciela Risco Gonzales Vigil.
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During the inspection it was determined the facility was not operating within its licensed capacity and within compliance of staffing ratios. When LPA entered the home, LPA observed nine children in care along with S2 and Martha Graciela Risco Gonzales Vigil who informed LPA she does not help with the day care.
102416.5 Staffing Ratio and Capacity.
(b) For a Small Family Child Care Home, the maximum number of children for whom care may be provided at any one time, including children under age 10 who reside at the licensee's home, shall be one of the following: (3) More than six and up to eight children, without an additional adult attendant, only if the criteria in Section 1597.44 of the Health and Safety Code are met.
During today\342\200\231s inspection, LPA toured the areas identified on the facility sketch as accessible to childcare children. Off limits areas are made inaccessible by means of baby safety locks and safety gates. The childcare area consists family room, one bedroom located on the left of the hallway, one bathroom located on the right of the hallway, and back yard.
The facility has a fireplace inside the living that is inaccessible to children. There is a working carbon monoxide, smoke detector, and a fire extinguisher in the home that meet statutory and State Fire Marshall standards. Last fire/disaster drill documented on 4/9/2024. Facility representative was reminded to conduct and document drills at least once every six months. Detergents, cleaning compounds, medicines, and other items which could pose a danger if readily available to children were stored inaccessible to children. Licensee stated there are no firearms and/or other dangerous weapons in the facility, and none were observed during today's inspections.
The home has age-appropriate toys for the ages served. LPA verified there is a working telephone service (cellular service). Facility representative stated, they use the back yard for outdoor play, LPA inspected the back yard, and it was found to be incompliance. There are no bodies of water at the facility.
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The licensee does not has a current roster of children in care. LPA observed the roster to be incomplete and three out of nine children present were not listed on the roster.
Children\342\200\231s records for children present during LPA\342\200\231s inspection were reviewed for a copy of the emergency information card that contains all the information specified by regulation (LIC 700), Immunization records, Affidavit Regarding Liability Insurance (LIC282), Consent for Emergency Medical Treatment (LIC627), Notification of Parent\342\200\231s Rights (LIC995A) and found to be not in compliance. Facility representative was unable to provide proof of infant safe sleep logs for two infants in care, child #4 (C4) and child #9 (C9).
Facility representative was unable to provide Pediatric CPR/First Aid certification for any adults present during the inspection. Beginning September 1, 2016, Health and Safety (H&S) 1597.622 states, a person shall not be employed or volunteer at a family childcare home if he or she has not been immunized against influenza, pertussis, and measles. Facility representative was unable to provide proof of immunization records for adults present during the inspection.
Beginning March 31, 2018, H&S Code 1596.8662 requires all licensed providers and employees to complete mandated reporting training, and to renew the training every two years. Facility representative was unable to provide of mandated reporter certifications for adults present during the inspection.
During the pre licensing visit conducted on 6/27/2023, the licensee was informed, 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 Pediatric First Aid and CPR certification, a valid criminal record clearance associated to the facility license, TB clearance, Immunization records, and mandated reporter training.
102417
(a)
Operation of a Family Child Care Home
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.
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CCLD website
www.ccld.ca.gov
was provided to licensee to access regulations, updates, and licensing forms. Licensee was advised to register through
childcareadvocatesprogram@dss.ca.gov
in order to receive quarterly updates. Licensee was advised of their responsibility to review the Provider Information Notices (PIN) found on the CCLD website. A copy of the California Department of Social Services Lead Information Brochure was explained and provided to the licensee.
To improve the quality and value of the new inspection process, a survey may be sent to the email address provided. Please complete the survey and share your inspection experience. If you have any questions regarding the process or CARE tools, please send email inquiries to
inspectionprocess@dss.ca.gov
. For additional information regarding the inspection and its tools and methods, please visit the
Program website
at
www.cdss.ca.gov/inforesources/community-care-licensing/inspection-process
.
LPA discussed the safe sleep regulations with facility representative and discussed the Child Care Licensing Safe Sleep webpage at
https://www.cdss.ca.gov/inforesources/child-care-licensing/public-information-and-resources/safe-sleep
as an additional resource. LPA also informed or facility representative of the importance of checking for recalled infant devices on the United States Consumer Product Safety Commission (CPSC) website at
https://www.cpsc.gov/
and recommended they register all infant devices with the CPSC to be notified of any recalls on their purchased equipment.
Incidental Medical Services (IMS) policy was discussed. For IMS information see PIN 22-02- CCP. 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:
https://www.ada.gov/resources/child-care-centers/
.
Facility representative was informed of the
MyChildCarePlan.org website
; a consumer education website that helps families obtain child care by connecting them to child care providers and Resource and Referral Agencies (R&Rs) throughout California.
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LPA provided Guardian Information and website info:
https://www.cdss.ca.gov/inforesources/cdss-programs/community-care-licensing/caregiver-background-check/guardian
In the areas that were evaluated, three Type A and Type B deficiencies were observed of the California Code of Regulations, Title 22, Division 12 at the time of the visit.
LPA Thompson informed facility representative Daniel Rabanal that this report dated 2/12/2025, document(s) three Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.
Also, LPA Thompson informed the facility representative Daniel Rabanal to provide a copy of this licensing report dated 2/12/2025, that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.
Exit interview conducted and report was reviewed with the facility representative Daniel Rabanal. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
During the exit interview, the facility representative Daniel Rabanal, confirmed that there are no Registered Sex Offenders living in the facility and LPA completed the RSO profile in FAS.
Appeal Rights were explained. The facility representative Daniel Rabanal was provided a copy of appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. First level appeals should be sent to the regional manager to the address listed above.
