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Inspection visit

Follow-up

GUEVARA, OFELIA FAMILY CHILD CARELicense 5039037502 citations on this visit
2 citations recorded

Inspector’s narrative

What the inspector wrote

On 11/28/2023, Licensing Program Analysts (LPAs) Anita Tristan and Priscilla Zamudio conducted an unannounced Case Management Visit regarding an unrelated matter. LPAs met with Licensee, Ofelia Guevara. LPAs explained the reason of the inspection and toured the facility, inside and outside and a census was taken. Also present was staff # 1. During today\342\200\231s inspection LPAs observed in the kitchen a bucket of dirty water, broken latches on lower cabinets were LPAs observed a bottle of rubbing alcohol, trash and recyclable stacked against the cabinets on the floor. During the visit licensee removed the rubbing alcohol and bucket of dirty water to an area inaccessible to children. LPAs also observed in the back yard two gas cans on the sided of the house containing gas, tools, and a large pile of cactus pieces with needles. Licensee stated that the children have not used the back yard because they are in the process of cleaning the yard up. Licensee requested to make the back yard "off-limits" and will notify Licensing when ready to use again. LPAs observed in downstairs bedroom medication such as Vicks, Icy Hot, rubbing alcohol, Diabetic Insulin, and Diabetic medical equipment all in reach of children. On closet floor LPA\342\200\231s observed beer in glass bottles, and caulking gun and caulk. Licensee stated that the room is also used for storage, sleeping infants and a quiet room to calm crying children. Licensee immediately removed the items to an area inaccessible to children. ***Continued on 809-C*** During today\342\200\231s inspection, LPA Tristan also addressed an incident which occurred during a previous case management inspection on November 8, 2023. During the November 8 visit, Licensee Program Analyst (LPA) Anita Tristan asked licensee, Ofelia Guevara, to inspect all accessible rooms use for children in care. Licensee took LPA Tristan to downstairs bedroom with the door closed. Licensee stated that the room was used for sleeping infants but there were no infants using the room on that day. LPA Tristan was standing in the doorway and observed a crib in the back corner of the bedroom. As LPA was standing in the doorway, LPA observed an infant\342\200\231s foot stick out from under the white wool blanket. LPA asked licensee if there was a child in the crib. Licensee, immediately stood in front of the crib, obstructing LPA Tristan\342\200\231s visibility and not allowing LPA access to the crib. LPA made several attempts to move around licensee but was unable to gain access due to licensees continued movement and obstruction of the crib. LPA requested for licensee to remove the wool blanket from the infant\342\200\231s head. Licensee complied with LPA\342\200\231s request. LPA observed that the infant was swaddled and buckled into the bouncer that was in the crib. LPA informed licensee that the infant cannot be swaddled and buckled and that LPA needed to observe the infant. Licensee immediately unbuckled the infant, and took the infant out of the room, therefore not allowing LPA to assess infant. Staff #1 assisted licensee in removing the swaddling cloth. Infant was placed on the changing table by staff #1. LPA assessed the infant. Staff #1 placed infant in play pen in the living room. LPA Tristan provided Licensee with a Non-Compliance Conference (NCC) letter. Appointment dated for December 5, 2023, at 11:00am for to discuss the findings that took place on 11/8/2023 and 11/28/2023. Per Title 22, Division 12, Chapter 3, of the California Code of Regulations, the following deficiencies are being cited: (see next page, 809 D) Upon receipt of a Type A violation, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. A copy of the Fact Sheet - Child Care Parent Notification Requirements and a copy of LIC 9224 was given to licensee. A notice of site visit was given and must remain posted for 30 days. Exit interview conducted and a copy of report and appeal rights were provided and discussed with Licensee, Ofelia Guevara.

Citations

3 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.

  • 102391(b)Type A

    Inspection Authority- (b) The licensee shall permit the Department to inspect the family child care home, and to privately interview children or staff, to determine compliance with or to prevent violations of family child care laws or regulations. The Department shall exercise this authority as specified in Health and Safety Code Section 1596.8535(a). This requirement was not met as evidenced by: Licensee did not comply with the section cited above by obstructing LPA visibility and not allowing LPA access to the infant in crib. This poses a potential health, safety or personal rights risk to persons in care.

  • 102417(b)Type B

    OPERATION OF A FAMILY CHILD CARE HOME

    102417 Operation of a Family Child Care Home(b) The home shall be kept clean and orderly, with heating and ventilation for safety and comfort. This requirement was not met evidenced by LPA's observations

  • PERSONAL RIGHTS

    Personal Rights-(a) Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following: (4) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature...This requirement was not met as evidenced by: Based on interviews it was revealed that licensee took child #1 to the garage while having a challenging behavior to separate from other children. This 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 November 28, 2023 inspection of GUEVARA, OFELIA FAMILY CHILD CARE?

This was a other inspection of GUEVARA, OFELIA FAMILY CHILD CARE on November 28, 2023. 2 citations were issued: 1 Type A (serious) and 1 Type B.

Were any citations issued to GUEVARA, OFELIA FAMILY CHILD CARE on November 28, 2023?

Yes, 2 citations were issued (1 Type A, 1 Type B). The first citation was for: "Inspection Authority- (b) The licensee shall permit the Department to inspect the family child care home, and to private..."

What type of inspection was this?

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

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