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Inspection visit

Routine inspection

TOSTADO-SMITH, SYLVIA FAMILY CHILD CARELicense 3766252926 citations on this visit
6 citations recorded

Inspector’s narrative

What the inspector wrote

On 3/27/2023, at 9:00am, Licensing Program Analyst (LPA), Cindy Meier conducted an unannounced Annual Inspection and met with Licensee, Sylvia Tostado-Smith. LPA disclosed the purpose of the inspection and was led on a tour of the facility indoors and outdoors. This facility is a two story, four-bedroom, three-bathroom house. The following areas are used for childcare: downstairs living room, dining room, kitchen, and bathroom #1. Off limits areas include: all upstairs, bedrooms #1, #2, #3, #4, bathrooms #2, #3 and downstairs garage which are made inaccessible through the use baby gates, locks and doorknob covers. The fireplace located in the living room is inaccessible to children. LPA informed licensee when children less than five years old are in care, stairs shall be fenced or barricaded. Stairs are inaccessible to children through a baby gate. Hours of operation hours are Monday \342\200\223 Friday, 23 hours. There were two (2) preschool children present during the inspection. The fire extinguisher, smoke detector and carbon monoxide detector met requirements. Hazardous items were inaccessible to children in care. LPA informed licensee poisons shall be placed in a storage area and locked. LPA did not observe any poisons during the inspection. The storage area for poisons is locked. LPA observed toys and materials available for children\342\200\231s use. The home has a fenced backyard available for outdoor activities. LPA informed licensee to ensure children are supervised at all times during outdoor activities. Licensee stated there are no bodies of water and LPA did not observe any bodies of water during the inspection. Licensee stated there are no firearms, other weapons, or ammunition in the home. A review of staff records on this date indicates that all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse clearances or exemptions. LPA reviewed children\342\200\231s files. Children\342\200\231s files reviewed were incomplete and did not contain required licensing forms. Licensee 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. Licensee has not completed the Mandated Reporter AB1207 training. Pediatric CPR and First Aid certifications expire on 11/3/2024. Property Owner/Landlord Consent form LIC9149 is on file, signed by landlord and approves licensee to care for fourteen (14) children. Licensee has required immunization's, per file review. Facility roster is maintained and was reviewed. The last fire and disaster drills were conducted in 2022. Required documents are posted. There is one crib or play yard for each infant who is unable to climb out of the crib or play yard. Incidental Medical Services (IMS) policy were discussed. 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 . LPA discussed safe sleep regulations with licensee 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. LPA and licensee discussed California Megan's Law and LPA provided: www.meganslaw.ca.gov . LPA discussed and provided Licensee with the following: childcare advocates email address: childcareadvocatesprogram@dss.ca.gov . In addition, for general questions or questions regarding licensing requirements contact the Child Care Licensing Duty Line at (619) 767-2248. Community Care Licensing Division (CCLD) regularly sends information to licensed facilities, providers, and stakeholders by way of Provider Information Notices (PIN), Program Quarterly Update Newsletters and other important information communication platform. To receive important licensed-related information to licensed facilities, visit the CCLD Important Information website at https://www.cdss.ca.gov/inforesources/community-care-licensing/subscribe and select the Child Care option to receive email communication. LPA reviewed with licensee the LIC 311D, Forms/Records to Keep in Your Family Child Care Homes, children\342\200\231s forms/records, facility forms/records, and information to be posted. 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/tion-process . Per California Code of Regulations, (Title 22, division 12 & Chapter 3) six (6) Type B citations are being cited on the attached LIC 809-D. Exit interview conducted and report was reviewed with licensee, Sylvia Tostado-Smith. A copy of this report, along with Appeal Rights (LIC9058), were provided. A notice of site visit was given and must remain posted for 30 days. LPA observed that the notice of site visit was posted during the inspection. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

Citations

6 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.

  • OPERATION OF A FAMILY CHILD CARE HOME

    Based on analyst record review, the licensee did not comply with the section cited above as she did not have any record files for children in care which poses/posed a potential health, safety or personal rights risk to children in care.

  • 102425(c)Type B

    INFANT SAFE SLEEP

    Based on observation and Licensee's statement that there is no LIC 9227 form for the infant, the licensee did not comply with the section cited above in that one (1) out of one (1) infants lacks a completed LIC 9227 Individual Sleeping Plan on file, which poses as a potential health, safety or personal rights risk to children in care.

  • INFANT SAFE SLEEP

    Based on analyst interview and record review, the licensee did not comply with the section cited above as she is not documenting the infant she has in care's sleeping status every 15 minutes as required by regulation which poses/posed a potential health, safety or personal rights risk to the child in care.

  • OPERATION OF A FAMILY CHILD CARE HOME

    Based on analyst record review, the licensee did not comply with the section cited above as it was determined that she is not maintaining a facility roster which poses/posed a potential health, safety or personal rights risk to children in care.

  • ARTICLE 2. Administration of Child Day Care Licensing

    Based on observation and Licensee's statement that she has not taken the Mandated Reporter Training, the licensee did not comply with the section cited above in that she has not completed the Mandated Reporter Training course, which poses as a potential health, safety or personal rights risk to persons in care.

  • OPERATION OF A FAMILY CHILD CARE HOME

    Based on analyst observation and interview, the licensee did not comply with the section cited above as she has not been conducting fire and disaster drills every six months as required which poses/posed a potential health, safety or personal rights risk to children in care.

FAQ · About this visit

Common questions about this visit

What happened during the March 27, 2023 inspection of TOSTADO-SMITH, SYLVIA FAMILY CHILD CARE?

This was an inspection of TOSTADO-SMITH, SYLVIA FAMILY CHILD CARE on March 27, 2023. 6 citations were issued: 6 Type B.

Were any citations issued to TOSTADO-SMITH, SYLVIA FAMILY CHILD CARE on March 27, 2023?

Yes, 6 citations were issued (0 Type A, 6 Type B). The first citation was for: "Based on analyst record review, the licensee did not comply with the section cited above as she did not have any record ..."

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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