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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 013414711
Report Date: 05/22/2019
Date Signed: 05/22/2019 04:01:15 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/20/2019 and conducted by Evaluator Phyllis Dyer
PUBLIC
COMPLAINT CONTROL NUMBER: 02-CC-20190220111647
FACILITY NAME:GILFORD, MARLENEFACILITY NUMBER:
013414711
ADMINISTRATOR:GILFORD, MARLENEFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(510) 533-0516
CITY:OAKLANDSTATE: CAZIP CODE:
94605
CAPACITY:14CENSUS: 8DATE:
05/22/2019
UNANNOUNCEDTIME BEGAN:
12:02 PM
MET WITH:Marlene GilfordTIME COMPLETED:
04:10 PM
ALLEGATION(S):
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Fire arm accessible to daycare children.
INVESTIGATION FINDINGS:
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LPA Dyer investigated the above allegation. Interviews were conducted and a tour of the facility was completed with the assistance of Rhonda Austin, CCL Investigator, and Officer Smith, Oakland Police Department. During the course of touring the home the licensee voluntarily disclosed that she had a loaded firearm at the facility. Although the firearm was located the licensee's locked room today, the firearm was not locked. The gun was located under the right pillow of the licensee's bed. The firearm had ammunition stored inside of it. The licensee had additional ammunition in the bedroom. Neither the gun nor the ammunition were stored per CCL regulations.

Based on the LPA's observations, the licensee’s admission, and interviews which were conducted, the preponderance of evidence standard has been met. Therefore, the above allegation is found to be Substantiated.

California Code of Regulations, (Title 22, Division 12) are being cited on the attached LIC9099 D. (continued)

Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Ann RobinsonTELEPHONE: (510) 622-2591
LICENSING EVALUATOR NAME: Phyllis DyerTELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:

DATE: 05/22/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2019
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 3
Control Number 02-CC-20190220111647
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: GILFORD, MARLENE
FACILITY NUMBER: 013414711
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/22/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/23/2019
Section Cited
CCR
102417(g)(4)(A)
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Operation of a Family Child Care Home. Storage areas for poisons, firearms and other dangerous weapons shall be locked.
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Licensee must secure the firearm per CCL regulations which states that weapons must be locked.
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This requirement was not met as evidenced by observation and licensee interview: Licensee had a loaded firearm located at the facility under her bed pillow that was not locked. This firearm was not stored according to CCL regulations. This poses an immediate health risk to the Health and Safety to children in care.
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Failure to correct will result in a $100 per day civil penalty until corrected. Repeat violations are $250 per violation and $100 per day until corrected.
Type A
05/23/2019
Section Cited
CCR
102417(g)(4)(C)
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Operation of a Family Child Care Home. Ammunition shall be stored and locked separately from firearms. This requirement was not met as evidenced by observation and licensee interview
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Licensee will need to secure the ammunition per CCL regulations which states that ammunition should be stored and locked separately from firearms.
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Licensee had a loaded firearm located at the facility under her bed pillow. Licensee's ammunition was stored in an unlocked bedroom drawer. This ammunition was not stored according to CCL regulations. This poses an immediate health risk to the Health and Safety to children in care.
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Failure to correct will result in a $100 per day civil penalty until corrected. Repeat violations are $250 per violation and $100 per day until corrected.
Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISOR'S NAME: Ann RobinsonTELEPHONE: (510) 622-2591
LICENSING EVALUATOR NAME: Phyllis DyerTELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:

DATE: 05/22/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2019
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 02-CC-20190220111647
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET, SUITE 1102
OAKLAND, CA 94612
FACILITY NAME: GILFORD, MARLENE
FACILITY NUMBER: 013414711
VISIT DATE: 05/22/2019
NARRATIVE
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The attached Type A deficiency is being cited and must be corrected by the due date. Upon receipt, 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. All parents/guardians must sign an acknowledgement form of proof of receiving this report (LIC9224). The LIC 9224 must be placed in the child's file to be reviewed by licensing.

Licensee was given a copy of CCL regulations that relate to firearms and firearm storage.

Assembly Bill 633 Fact Sheet was given and discussed with the licensee. A site visit notice was given and must be posted for 30 days. Appeal rights were given. Exit interview conducted.
SUPERVISOR'S NAME: Ann RobinsonTELEPHONE: (510) 622-2591
LICENSING EVALUATOR NAME: Phyllis DyerTELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:

DATE: 05/22/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2019
LIC9099 (FAS) - (06/04)
Page: 3 of 3