Routine inspection·May 28, 2025

On May 28, 2025, at 9:44 AM, Licensing Program Analyst (LPA) Joaquin Mendez conducted an unannounced Annual Random/Comprehensive inspection of the abovementioned Family Childcare Home (FCCH). LPA met with Michael Gutierrez, Licensee of the FCCH and explained the nature and purpose of the inspection. It is noted Decision and Order CDSS No .6421121502, dated 1/30/23, notes Michael Gutierrez's licensee to operate a FCCH is revoked. The revocation of the license is stayed, for a period of three years during which time Michael Gutierrez is be granted a probationary license subject to the limitations and specified conditions. LPA notes eleven (11) children are on site, along with 2 assistants (cleared and associated) providing care and supervision. It should be noted one child is an infant. LPA reviewed posted documents/forms and notes required documents/forms are posted on the wall near the entry of the FCCH. LPA observed the Decision and Order CDSS No. 6421121502, which is located at the upper portion of the parent bulletin board, predominantly visible to parents during drop-off and pick-up. The LPA, in the company of Licensee, toured the interior and exterior of the FCCH. The FCCH is a four-bedroom, three bathrooms, two story dwelling. The FCCH’s living room, first floor bathroom and backyard are used for children care services, while the remainder of the home is excluded from care. The FCCH was observed to be clean and orderly. · LPA observed a child safety gate at the base of the stairwell serving as a barricade to the FCCH’s upper story. · A retractable mesh fence is also observed at the entry of the FCCH’s kitchen. · Required forms are predominantly posted on the wall near the entry of the FCCH. · The FCCH’s living room has a fireplace which is screened by glass and locked preventing access. · The FCCH's bathroom used for childcare services is observed to be clean and free of toxins. · LPA observed combination smoke and carbon monoxide detectors throughout the FCCH. A combination detector in the family room was tested at 10:30 AM and found to be operable. · The FCCH has a regulation fire extinguisher on site which was service on 5/20/25. LPA reminded the Licensee to either service or purchase a regulation fire extinguisher annually. · The FCCH maintains working telephone services. · Medication in the home is in an elevated cabinet in the kitchen which is excluded from care. · Cleaning compounds are stored in a secured laundry room in an elevated cabinet which is inaccessible to children in care. · Sharps are observed in an elevated location in the kitchen cabinets which is inaccessible to children in care. · Toys, furniture, and equipment in the FCCH are age appropriate. LPA reminded the licensee to make daily checks to play structures prior to use for the safety of children. Licensee is not using the backyard at the moment of inspection. Licensee stated to LPA that a new fence was built over the weekend. Licensee states he wants to make sure no hazardous items were left by construction crew in the backyard prior to allowing children access. LPA with the licensee toured the backyard in its entirety and photos were taken of the area where potential hazards can pose harmful if children are allowed access. Licensee states for the moment he takes the children for a walk around the neighborhood. Licensee reports parents are aware. No bodies of water were observed in todays visit. Photos of the new fence will be printed and kept on file at the RO. LPA conducted a records review of all children enrolled in the FCCH, along with all staff members. All records are current and completed. However, while reviewing the facility roster it was found that: C9, C10, C11, C12, C13, C14, C15, C16, C32, C33, and C38’s information was not completed. A type B deficiency is cited. See LIC809D for reference. · LPA reminded Licensee to ensure Acknowledgment of Licensing Report forms (LIC 9224) should be completed for all children in care, as well as newly enrolled children in the FCCH. Further, LPA informed Licensee to ensure parents of children in care are provided one LIC 9224 for each proceeding event/report. · CPR certification expires 4/2027. · Mandated reporter certificate expires 6/28/2025. LPA reminded licensee to complete Mandated Reporter Training and CPR every (2) two years. · Fire/earthquake drill last conducted 5/28/2025 with 11 children and 2 assistants present. 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 . Licensee Michael Gutierrez was reminded that all adults 18 and over living or working in the home, 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 licensed Family Child Care Home. 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. LPA discussed the safe sleep regulations with licensee Michael Gutierrez 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 [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. The Licensee Michael Gutierrez is not providing Incidental Medical Services (IMS). 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/ . Licensee Michael Gutierrez 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. During the exit interview, the LICENSEE, Michael Gutierrez, confirmed that there are no Registered Sex Offenders living in the facility and LPA completed the RSO profile in FAS on 5/27/2025. A notice of site visit was given and must remain posted for 30 days. Type B Deficiency is being cited based on LPA observation/interviews/record reviews pursuant to Title 22 of the CA Code of Regulations (refer to LIC 809-D). Licensee was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. Plan of Correction (POC) is for the licensee to complete all required contact information on the facility roster and send to LPA by the end of business day 6/09/2025. LPA notes the Licensee had to leave to pick up children at 1:47 PM. Assistant Saveena Corona will review report and complete inspection. A notice of site visit was given and must remain posted for 30 days. Exit interview conducted and report was reviewed with the Licensee's assistant Saveena Corona. FAILURE TO POST THE NOTICE OF SITE VISIT FOR 30 DAYS MAY RESULT IN A $100.00 CIVIL PENALTY.