Non-compliance follow-up·April 7, 2023

Licensing Program Analyst (LPA), Melchisedeck Augustin conducted a Case Management- Legal/Non-Compliance visit and met with Licensee, Miranda Aguilar (LS) for the purpose of determining the facility's compliance with California Code of Regulations (CCR) and Health and Safety Code (HSC). On 11/14/22, the facility was cited a type B deficiency following a complaint investigation which found that LS, yelled at day care child(ren) and a Type A citation for not adhering to the license capacity requirements by operating with ten children instead of the maximum of eight children in a Small Family Child Care Home. Furthermore, on 11/23/22, the facility was cited a type A deficiency as a result of evidence obtained during the course of the complaint investigation which showed LS violated children's personal rights. Three statements confirmed the LS either grabbed children by the throat or choked them when something made her upset, and two statements indicated on multiple occasions that the LS tried to get the children's attention by using her hand or cell phone to tap the children when children were exhibiting undesirable behavior such as crying, jumping or touching something they weren’t allowed to touch. Additionally, during a required one-year inspection on 05/11/22, LS was cited three type B deficiencies for not furnishing evidence to prove she conducted 15 minute checks while two infants napped, for not complying with requirement to renew her AB 1207 Mandated Reporter Training certificate every two years; and adhering to requirements of children’s immunization. On 11/04/22, the facility attended a Non-Compliance Conference and during the conference the LS agreed to the following terms and condition to bring the facility into compliance: On 11/15/22, LS submitted a written summary of the requirements of children’s personal rights and LS review of video clips on the topic on the Department’s transparency. (Continue to LIC 809-C) · To treat the children in her care with dignity and respect, without the use of punishment that may negatively impact a child’s emotional and physical well-being. · Train all existing staff and new hires on the requirements of Children’s Personal Rights and AB 1207 Mandated Reporter Training. · Comply with requirements of parental rights which consist of allowing parents entry to inspect the facility’s on limits areas. · Comply with capacity requirements of the license. · Obtain additional staff and/or volunteers to assist in the care of the children when necessary. · Adhere to the requirements of infant safe sleep. · Maintain compliance with requirements of children’s immunization. During today's visit, there was one child in care and zero enrollee(s) present. LPA reviewed ten children's (C1-C10) at 11:54am which revealed C1-C10's records contained Acknowledgement of Receipt of Licensing Reports (LIC 9224) and current Immunization Records. The Licensee stated she had three staff (S1, S2 & S3) that were available as backup in case she needed additional assistance, however; S1-S3 had not worked at the facility for five or more months. LS claimed she reviewed the requirements and Children’s Personal Rights and AB 1207 Mandated Reporter training with S1-S3 on 11/28/22, and LS will submit S1-S3’s current AB 1207 Mandated Reporter Training certificates to the Department in a timely manner or by 04/12/23. LS stated since the NCC, she encouraged parents and volunteers to assist at the facility, extended her open door policy, and LS was more inviting of her home. LS recently sent parents a message to coordinate an event to encourage and increase parent involvement and participation. LS stated to comply with capacity requirements, she took extra efforts which includes: spreading out her schedule, increasing communication with parents and enrolling her own child in a full-time preschool to ensure and prevent situation where the facility may be over capacity. LS stated she was not allowing children on drop in basis to just be dropped off, and parents were required to provide LS with at least 24 hours advance notice. LS stated at this time, she did not have any children under 24 months old enrolled into care, however; she understood if a child under 24 months did enroll, LS was required to comply with the requirements of Infant Safe Sleep which also consist of checking an infant every 15 minutes while that infant napped. (Continue to LIC 809-C) A notice of site visit was given and must remain posted for 30 days . Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Exit interview conducted and report was reviewed with the Licensee, Miranda Aguilar. There were no violation(s) of the California Code of Regulations, Title 22; Division 12, observed during today’s visit.