Skip to main content

Inspection visit

Complaint

PENA-BRISENO FAMILY CHILD CARELicense 3348454252 citations on this visit
2 citations recorded

Inspector’s narrative

What the inspector wrote

LIC9099C Page 2 - Substantiated It was alleged that the licensee employed uncleared adults to supervise daycare children: LPA observations made, records obtained and interviews conducted with pertinent parties revealed that two subject adults were observed supervising daycare children on a regular basis. The two uncleared adults were not present at the facility during today's date, however the licensee by their admission confirmed the two adults have been assisting with the supervision of daycare children and are not associated to the facility. Based on the evidence gathered through LPA observations, records obtained and interviews conducted the allegation is determined to be Substantiated. Based on LPA’s observations and interviews which were conducted and review of records, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, 102352(f)(1) Definition and 102370(d)(1) Criminal Record Clearance are being cited on the attached LIC9099D. The LPA Susan Brewer informed licensee Ambar Pena-Briseno that this report dated 11/20/2024 documents 102352(f)(1) Definition Type A citation, which shall be posted for 30 consecutive days as there is an immediate risk(s) to the health, safety, or personal rights of children in care. Also, LPA Susan Brewer informed the licensee Ambar Pena-Briseno to provide a copy of this licensing report dated 11/20/2024 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. A Type B violation was cited. See LIC809 Case Management report for additional deficiencies cited on today's date. No civil penalties were issued on today's date. Exit interview conducted, a report was reviewed and a copy was left with the licensee Ambar Pena-Briseno. A notice of site visit was given and must remain posted for 30 days. The licensee was reminded that a $100.00 civil penalty will assessed for the removal of the notice of site visit, before the 30 days. LIC9099C Page 2 - Unsubstantiated: Licensee yells at other adult resident in the home while in the presence of day-care children LPA interviews with Pertinent parties described the licensee and another adult resident yell in the presence of daycare children and during daycare hours, while other pertinent parties interviewed by the LPA denied the allegation that the licensee and other adult residents yell at daycare children. The LPA was unable to interview all individuals pertinent to the allegation were not present to interview Due to conflicting information gathered through interviews, other parties not present for the LPA to interview, the allegation is determined to to be Unsubstantiated. Although the allegation that the Licensee yells at other adult resident in the home while in the presence of day-care children may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation/s did or did not occur, therefore the allegation is UNSUBSTANTIATED. Exit interview conducted, a report was reviewed and a copy was left with the licensee Ambar Pena-Briseno. A notice of site visit was given and must remain posted for 30 days. The licensee was reminded that a $100.00 civil penalty will assessed for the removal of the notice of site visit, before the 30 days.

Citations

4 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.

  • 102352(f)(1)Type A

    102352(f)(1) Definition "Family Day Care" or "Family Child Care" means regularly provided care, protection & supervision of children, in the care giver's own home...for less than 24 hours per day while parents or authorized representatives are away...This regulation was not met as evidenced by: Based on LPA observations, interviews conducted, records gathered and by the licensee's own admission, as of 12/16/2023 the licensee no longer resides in the home where supervision of daycare children is provided, which is an immediate risk to the health & safety of children in care.

  • CRIMINAL RECORD CLEARANCE

    102370(d)(1) Criminal Record Clearance: (d) All individuals subject to a criminal record review pursuant to Health & Safety Code § 1596.871 shall prior to working, residing, or volunteering in a licensed facility: (1) Obtain a CA clearance...This regulation was not met as evidenced by: Based on interviews, records obtained and by the licensee's own admission, the licensee employed 2 uncleared adults to assist with supervision of daycare children, and employees did not complete a criminal record clearance, which is a potential risk to the health & safey of children in care.

  • 102416.2(a)(2)Type A

    102416.2(a)(2) Reporting Requirements, The licensee shall report the following information the Department by telephone or fax within the Department's next business day... (2) Any change in household composition including adults moving in or out of the home...This regulation was not met as evidenced by: Based on LPA observations, interviews conducted with pertinent parties and by the licensee's own admission, the licensee failed to report they moved out of the home as of 12/16/2023 and live in at a separate address, which is an immediate risk to the health and safety of children in care.

  • STAFFING RATIO AND CAPACITY

    102416.5(a) Staffing Ratio and Capacity(a) The capacity specified on the license shall be the maximum number of children for whom care may be provided at any one timeThis regulation was not met as evidenced by: Based on LPA observations of the licensee operating beyond the terms of the licensed daycare ratio and capacity, by supervising 4 children under age 2 years and 3 children under age 4 years without and assistant, which is an immediate risk to the health & safety of children in care.

FAQ · About this visit

Common questions about this visit

What happened during the November 20, 2024 inspection of PENA-BRISENO FAMILY CHILD CARE?

This was a complaint inspection of PENA-BRISENO FAMILY CHILD CARE on November 20, 2024. 2 citations were issued: 1 Type A (serious) and 1 Type B.

Were any citations issued to PENA-BRISENO FAMILY CHILD CARE on November 20, 2024?

Yes, 2 citations were issued (1 Type A, 1 Type B). The first citation was for: "102352(f)(1) Definition "Family Day Care" or "Family Child Care" means regularly provided care, protection & supervision..."

What type of inspection was this?

This was a complaint inspection. Complaint inspections are triggered when someone reports a concern about the facility to CCLD.

Share this reportEmail

Next steps

If this is your facility,claim this pageand correct anything the record gets wrong. Free.

Researching this visit professionally?Book a 15-minute calland we will walk through what we have on file.

Data from CCLD public records. Last updated . If you believe any information is inaccurate, report it here.