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Inspection visit

Routine inspection (3-year)

PENA-BRISENO FAMILY CHILD CARELicense 3348454258 citations on this visit
8 citations recorded

Inspector’s narrative

What the inspector wrote

On 10/31/2023 at 9:18 AM Licensing Program Analyst (LPA) Susan Brewer arrived at the facility to conduct an annual inspection. LPA rang the Ring doorbell and requested entry. The licensee answered the ring remotely by telephone and stated they were away from the facility. LPA S.Brewer could hear children and adult voices coming from inside of the home. LPA asked if the facility was operating, the licensee confirmed the facility was operating and there were qualified assistants caring for children and they would be home soon. At 9:24 AM the licensee’s spouse pulled up into the driveway, greeted and granted the LPA entry to tour the facility inside and out. LPA reviewed records and observed and/or discussed the following: LPA observed 2 adult residents and 1 assistant. The licensee agrees to update the LIC279 Application form and the LIC610A Emergency Disaster Plan. Normal days and hours of operation are Monday- Friday, 3:00 AM – 10:00 PM OFF-LIMIT AREAS INCLUDE: GARAGE, MASTER BED ROOMM/BATH, BEDROOMS 2, 3 & 4, BALAUNDRY/STORAGE ROOM, LIVING RM, KITCHEN, OFFICE ROOM & OFFICE ¾ BATHROOM & UNFENCED AREA OF BACKYARD; BEDROOM 1 IS OPEN TO DAYCARE The inspection consisted of reviews of the following domain: Physical Plant, Care and Supervision, Records, Facility Administration, Staffing Ratio and Capacity, Personal Rights. The inspection found the facility to be in compliance in these domains, except as noted on the LIC809D. · The facility is operating within the licensed capacity and appropriate ratios. LPA took a census of 5 children supervised by 2 adults. · The Licensee arrived at 9:33 AM and ensured that children in care are supervised. · When temporarily absent from the home, the Licensee shall arrange for a substitute adult to care for and supervise children. · A working telephone is present. · Appropriate fire extinguisher 2A:10BC is in the green, smoke detector and carbon monoxide detector are present and were tested by the Licensee during this inspection on 10/31/2023. · All hazardous items are NOT inaccessible, this includes detergents, cleaning compounds, medications and other items which could pose a danger to children, located in the hallway closet next to the daycare restroom and across from the children’s napping room. At 10:27 AM, LPA observed soft scrub, miscellaneous vitamins, over the counter medication Nyquil, Tile/bathroom cleaners, lice shampoo, Vicks vapor throat cough drops, children’s Mucinex, sunblock lotions, lysol and Clorox liquid cleaners. · Storage of poisons is inaccessible to children are NOT locked in the outdoor play area, due to the fencing removed from the designated space. LPA observed protective fencing removed by the licensee, making the outdoor play area accessible to bug killers, miscellaneous tools, nails, fog Worx, construction materials, vehicle solutions. The licensee stated, they use the designated space for different purposes where the fencing is removed temporarily with intention of re-installing the protective fencing to enclose the children’s outdoor activity area at a later date. · There is a properly barricaded fireplace. · No guns or weapons present as stated by the Licensee Ambar Pena Briseno. Licensee understands all guns, weapons and ammunition must be key locked separately and made inaccessible per Title 22 regulations. · No stairs at the home, it is a one level home. · Home is clean and orderly, with heating and ventilation for safety and comfort. · Clean, Safe and age-appropriate toys and equipment are present for both indoor and outdoor activities, At 10:28 the LPA observed 6 cribs and play yards with blankets and pillows inside and 1 play yard with a toy inside. The licensee stated, the blankets and pillows are for children over 2 years of age and they only stored the toy in the play yard for the child under 2 years of age. The licensee removed the toy from the play yard at the time of inspection. At 1:20 PM LPA observed staff place an infant to sleep with a pillow in the play yard. The licensee removed the pillow, in the presence of the LPA, prior to the infant falling asleep. · Outdoor play areas are fenced and/ or appropriate supervision is present. 10:35 AM, LPA observed the designated play area with fencing removed from the posts, making outdoor supplies accessible to daycare children. The licensee stated fencing was only temporarily removed for a special event and has been off limits to daycare children since 10/20/2023. · Verification of control of property on file by mortgage statement. · Pediatric CPR and First Aid Cards expired in 12/2022, for the licensee and staff. · Health & Safety Certificate - completed on 12/16/2018, No lead component. · Mandated reporter General Certificate NOT ON FILE; AB 1207 Child Care Expires: 02/10/2024 · Fire clearance: 03/03/2022 approved. · Documentation of fire & earthquake drills to be conducted every six months: Last drill on October 18, however, the year was unverifiable due to the documentation of years in review crossed out, scribbled, and written over where the document originally documented the 2022 year. · There are no bodies of water, at this time. Licensee understands all bodies of water including ponds, above ground pools & spas, in-ground pools & spas, and some fountains must be properly covered or fenced per Title 22 regulations. The Department must be notified before and after installation of the above types of bodies of water. In addition, all wading pools or similar product must be emptied immediately after use and stored in an upright position. · Children’s files are NOT complete; File missing for 1 infant child enrolled and attending for since 08/07/2023; 2 other children enrolled prior to their 2 nd birthday were missing sleep logs on file. · Staff’s files are NOT complete on 10/31/2023, Staff CPR/1 st aid card exp 12/05/2023, No immunization records on file. The licensee was unable to provide verification for 1 staff present, stating they were a minor. · A review of staff records on 10/11/2023 indicates that all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions, however the licensee failed to report a relative staff member moved into the home as of September 2023. To receive important licensed-related information to licensed facilities, visit the CCLD Important Information website at https://www.cdss.ca.gov/inforesources/com munity-care-licensing/subscribe and select the Child Care option to receive email communication. 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 Licensee Ambar Pena-Briseno, was reminded that all adults 18 and over living or working in the home, including employees and volunteers, 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 up to $500.00 maximum per day/per person will be assessed if this regulation is violated. The Licensee can submit transfer forms to associate new individuals or to disassociate someone from your facility at: Associations_Disassociations862@dss.ca.gov for Riverside Regional Office. LPA Susan Brewer, discussed the safe sleep regulations with licensee Ambar Pena-Briseno 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 licensee 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. To improve the quality and value of the new inspection process, a survey will 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 tools, please send them by email 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/process . LPA Susan Brewer informed licensee Ambar Pena Briseno, that this report dated 10/31/2023 d ocument(s) 102417(g)(4) Operation of a Child Care Home 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 Susan Brewer i nformed the licensee Ambar Pena Briseno, to provide a copy of this licensing report dated 10/31/2023 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. Deficiencies for Type A and Type B violations were cited this visit. Civil Penalties issued this visit. A notice of site visit was given and must remain posted for 30 days. Exit interview conducted and report was reviewed with the licensee Ambar Pena-Briseno.

Citations

8 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.

  • PERSONNEL RECORDS

    Based on record review, the licensee did not comply with the section cited above in did not ensure that employee files are kept for 2 subject staff left to care for children and for the department representative's record review, which poses a potential health, safety or personal rights risk to persons in care.

  • 102416(c)Type B

    PERSONNEL REQUIREMENTS

    Based on record review, the licensee did not comply with the section cited above in the licensee and staff left to care for daycare children in their absence failed to renew their CPR/1st aid training after the expiration date in 12/2022, which poses a potential health, safety or personal rights risk to persons in care.

  • OPERATION OF A FAMILY CHILD CARE HOME

    Based on observation and interview, the licensee did not comply with the section cited above in at 10:27 AM, LPA observed soft scrub, miscellaneous vitamins, over the counter medication Nyquil, Tile/bathroom cleaners, lice shampoo, Vicks vapor throat cough drops, children’s Mucinex, sunblock lotions, lysol and Clorox liquid cleaners, which poses an immediate health, safety or personal rights risk to persons in care.

  • 102418(g)Type B

    IMMUNIZATIONS

    Based on record review, the licensee did not comply with the section cited above in the licensee failed to ensure a daycare child present and enrolled as of 08/07/2023 was immunized, which poses a potential health, safety or personal rights risk to persons in care.

  • 102421(a)(1)Type B

    Based on record review, the licensee did not comply with the section cited above in the licensee failed to keep a signed copy of the LIC995A Notification of Parent's rights which poses a potential health, safety or personal rights risk to persons in care.

  • 102425(b)Type B

    INFANT SAFE SLEEP

    Based on observation and interview, the licensee did not comply with the section cited above in during today's inspection at 1:20 PM, a child under the age of 2 years old s was observed to be placed in the play yard with a pillow to nap, which poses potential health, safety or personal rights risk to persons in care.

  • 102425(j)(2)(D)(c)Type B

    Based on record review, the licensee did not comply with the section cited above in a subject child in care under the age of 2, did not have proof of infant safe sleep logs, which poses a potential health, safety or personal rights risk to persons in care.

  • Family Day Care Homes

    Based on record review, the licensee did not comply with the section cited above in a staff member present and caring for children did not have proof of immunization records 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 October 31, 2023 inspection of PENA-BRISENO FAMILY CHILD CARE?

This was an inspection of PENA-BRISENO FAMILY CHILD CARE on October 31, 2023. 8 citations were issued: 1 Type A (serious) and 7 Type B.

Were any citations issued to PENA-BRISENO FAMILY CHILD CARE on October 31, 2023?

Yes, 8 citations were issued (1 Type A, 7 Type B). The first citation was for: "Based on record review, the licensee did not comply with the section cited above in did not ensure that employee files a..."

What type of inspection was this?

This was an inspection. Inspections are conducted by CCLD as part of their licensing oversight.

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