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Inspection visit

Routine inspection (3-year)

GUTIERREZ-PONCE, ELIZABETHLicense 4140049731 citation on this visit
1 citation recorded

Inspector’s narrative

What the inspector wrote

On January 31, 2024 at approximately 1:25PM, Licensing Program Analysts (LPAs) Maria Olguin-Leon and Janet Gil conducted an unannounced annual inspection in conjunction with a case management inspection for an increase of capacity. LPA met with Elizabeth Ponce-Gonzalez and purpose of inspection was explained. Licensee applied to increase capacity from a small to a large capacity license on January 16, 2024. Licensee\342\200\231s one year anniversary as a small license childcare is on February 6, 2024. Present today was Licensee, two helper and 8 children (2 infant and 6 preschool age). LPA observed facility is operating over capacity limits. This is an immediate risk to children in care. A type A violation is issued this day for this deficiency. All adults working at facility have fingerprint clearance and are associated with facility. Facility hours of operation are from 8:00AM to 5:00PM. LPAs and Licensee toured the home for health and safety hazards. Home is a one-story home. Day Care Areas: Living room, dining room, kitchen, bedroom #2, bathroom, shade room and backyard. Off Limits Areas: Master Bedroom, master bathroom and garage. Off limits areas are properly barricaded with closed doors. Childproof gates are located in living room, dining room and kitchen. Home is well light and has proper ventilation. Fireplace is properly barricaded with cubbies and inaccessible to children. Cleaning supplies and other potentially harmful items are stored inaccessible to children and behind child proof cabinets. All electrical outlets are secured with child proof covers. There are plenty of age-appropriate toys, books, child size furnishings, learning material, playpens and sleeping cots. Backyard has plenty of age-appropriate play toys, slide, ride on toys and playhouses. There is a canopy with sunshade located in backyard. Outdoor is equipped with a cement patio and artificial grass to cushion falls. A portion of the backyard is off limits and gated with childproof gates. The entire backyard is surrounded with a 5 ft. fence. LPA did not observe any spas, pools, or other bodies of water. Home is equipped with a dual working carbon monoxide/smoke detector and a fully charged fire extinguisher. Fire alarm is in living room. Isolation area for ill children will be in area not in use and away from other children. LPAs reviewed first aid kit and kit is fully stocked. Licensee uses cell phone on the premises and understands phone must remain on premises during childcare hours. Per licensee, there are no weapons or firearms in the home. Licensee provides sheets for playpens and mats and are washed weekly or as needed. Cont. page 2\342\200\246 Page 2... LPA reviewed 8 children\342\200\231s records and 2 staff records. All children and staff records are complete. Licensee maintains an updated Children\342\200\231s roster and sleep logs. Licensees CPR/FA expires 09/2025. Licensee Mandated Reporter training expires 07/2024. Licensee provides breakfast, lunch, and two snacks to children in care. LPA reminded Licensee to label children's food/bottles brought from home. LPA observed Childcare License, Emergency Disaster Plan (LIC610A) and Parent's rights posted. Last emergency drill was conducted on 12/09/2023 and is properly documented. Per Licensee, licensee carries liability insurance, LPA\342\200\231s observed LIC282 in children\342\200\231s files. LPA reviewed and provided Licensee capacity regulations. Licensee 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. 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/ . The Licensee was reminded about the Provider Information Notices (PINs) on the CCLD website. Licensee was informed that as of September 1, 2016, a person may not be employed or volunteer at a childcare facility unless he or she has been immunized against influenza, pertussis, and measles or qualifies for an exemption pursuant to Health and Safety code 1596.7995 and 1597.662. LPA's reviewed AB 1207 with the Licensee. As of January 1, 2018, all staff must complete Mandated Reporter Training every two years. LPA reminded licensee about Mandated Reporter training available www.mandatedreporterca.com Cont. page 3... Page 3... LPA discussed the 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. LPAs also informed licensees 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 discussed sleep sacks. The licensee provided proof of control of property. The licensee has not obtained a signed Property Owner/Landlord Consent form (LIC9149). Without this consent, the applicant understands that, once licensed, they can operate with a maximum capacity of 6 [or 12] children. If property owner/landlord consent is obtained in the future, the applicant is advised that a new Application for a Family Child Care Home License (LIC 279) must be submitted with a change of capacity fee of $25, to increase the capacity and provide care to 8 [or 14] children. 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 was informed of the MyChildCarePlan.org website; a consumer education website that helps families obtain child care by connecting them to childcare providers and Resource and Referral Agencies (R&Rs) throughout California. During the exit interview, the LICENSEE, Elizabeth Ponce-Gonzalez confirmed that there are no Registered Sex Offenders living in the facility and LPA completed the RSO profile in FAS. Cont.page 4... Page 4... **See following page for deficiencies cited against the facility today under CCR, Title 22, Div. 12, Chapt. 1** Type \342\200\234A\342\200\235 violation was issued today. Licensee is advised to provide a copy of the Evaluation Report and all Type \342\200\234A\342\200\235 Deficiencies cited, to the parents and guardians of children currently enrolled in care and to parents of newly enrolled children during the next 12 months. A signed and dated LIC 9224 shall be maintained in all Children's files. A notice of site visit was given and must remain posted for 30 days. LPAs will approve increase of capacity once the following conditions have bet met: One year anniversary, 02/06/2024 and Fire inspection clearance has been approved. Exit interview conducted and report was reviewed with the licensee, Elizabeth Ponce-Gonzalez.

Citations

1 citation 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.

  • STAFFING RATIO AND CAPACITY

    Based on observation, interview and record review, the licensee did not comply with the section cited above. LPA confirmed Licensee is operating overcapacity with 2 infants and 6 preschooler in care, which poses an immediate health, safety or personal rights risk to persons in care.

FAQ · About this visit

Common questions about this visit

What happened during the January 31, 2024 inspection of GUTIERREZ-PONCE, ELIZABETH?

This was a inspection inspection of GUTIERREZ-PONCE, ELIZABETH on January 31, 2024. 1 citation were issued: 1 Type A (serious).

Were any citations issued to GUTIERREZ-PONCE, ELIZABETH on January 31, 2024?

Yes, 1 citation was issued (1 Type A, 0 Type B). The first citation was for: "Based on observation, interview and record review, the licensee did not comply with the section cited above. LPA confirm..."

What type of inspection was this?

This was a inspection inspection. inspection inspections are conducted by CCLD as part of their licensing oversight.

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