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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 100404078
Report Date: 02/28/2023
Date Signed: 02/28/2023 03:09:17 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/03/2023 and conducted by Evaluator Ruby Ocegueda
PUBLIC
COMPLAINT CONTROL NUMBER: 57-CC-20230203094244
FACILITY NAME:PANDA'S FOWLER PRESCHOOLFACILITY NUMBER:
100404078
ADMINISTRATOR:DIXON-BREWER, LORIEFACILITY TYPE:
850
ADDRESS:231 SOUTH SIXTH STREETTELEPHONE:
(559) 834-1395
CITY:FOWLERSTATE: CAZIP CODE:
93625
CAPACITY:61CENSUS: 28DATE:
02/28/2023
UNANNOUNCEDTIME BEGAN:
12:30 PM
MET WITH:Renee CervantesTIME COMPLETED:
03:35 PM
ALLEGATION(S):
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Unqualified staff are providing care and supervision to day care children.

Uncleared staff are providing care and supervision to day care children.
INVESTIGATION FINDINGS:
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On 2/28/2023, Licensing Program Analyst (LPA) Ocegueda conducted an unannounced complaint inspection for the purpose of delivering the findings of the above listed allegations. LPA Ocegueda provided identification and informed Site Supervisor Renee Cervantes of the purpose of the inspection. LPA took toured the facility and took a census.

During the course of the investigation, LPA Ocegueda conducted interviews of Reporting Party (RP), staff, parents and children as well as reviewed facility records. Based on the information gathered, it was determined that unqualified staff are providing care and supervision to day care children and that uncleared adults are providing care and supervision to children. Report continued to 9099-C

Multiple interviews were consistent with each other and revealed that staff #1 and staff #2 were present at the facility as early as December 2022 or early/mid January of 2023.
Report continued to 9099-C.
Substantiated
Estimated Days of Completion: 60
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 02/28/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2023
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 7
Control Number 57-CC-20230203094244
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: PANDA'S FOWLER PRESCHOOL
FACILITY NUMBER: 100404078
VISIT DATE: 02/28/2023
NARRATIVE
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 The exact date is unknown. Records revealed that staff #1 did obtain an FBI and DOJ clearance through a different agency on or about 1/5/2023; however, it was not done through the Department of Social Services and he/she was not associated to this or any licensed facility. Staff #1 was determined not to have a proper criminal record clearance. Multiple interviews were consistent in revealing that staff #1 provided care and supervision by playing with the children, interacting with children when approached by children, and witnesses(s) revealed that staff #1 has taken children to the restroom. Staff #1 has since obtained a criminal record clearance; according to records the clearance was initiated on 2/9/2023. Upon arrival at the facility on 2/8/2023, it was disclosed that staff #1 (who was present) did not have any proof of any required educational units, proof of required immunizations, required licensing forms or identification to prove age, or that he/she graduated from high school. Per Site Supervisor, staff #1 did not have a personnel file at the facility or at their Administrative office, thus could not prove that staff #1 was qualified to be present at the facility or provide care and supervision to children.

Through multiple interviews, it was determined that staff #2 started to work at the facility on approximately 1/10/2023. The exact date is unknown. Interviews and records revealed that staff #2 had not obtained a criminal record clearance through the Department of Social Services and that he/she was present on a daily basis since about 1/10/2023 for multiple hours at a time. Multiple interviews revealed that staff #2 provides care and supervision, including supervising children inside and outside and participating in play activities. On 2/8/2023, during the initial complaint inspection, Site Supervisor did not disclose any information regarding staff #2’s name or revealed that he/ she had been present at the facility. On 2/8/2023, Site Supervisor did not provide any personnel file for staff #2, thus was unable to prove that staff met all the requirements for him/her to assist at the facility. According to record review and interview, staff #2 went through the proper clearance only after the initial complaint inspection to the facility on 2/8/2023. Staff #2 initiated a criminal record clearance on 2/9/2023 and was approved and cleared shortly after.

This Department has investigated the allegations stating that “unqualified staff are providing care and supervision to day care children” and “uncleared staff are providing care and supervision to day care children” and found that the allegations were SUBSTANTIATED, meaning the preponderance of evidence standard has been met.
Report continued to 9099-C
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 02/28/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 57-CC-20230203094244
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: PANDA'S FOWLER PRESCHOOL
FACILITY NUMBER: 100404078
VISIT DATE: 02/28/2023
NARRATIVE
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Per California Code of Regulations, Title 22, Division 12, Chapter 1, the following deficiency was cited (see LIC 9099-D). A 500.00 civil penalty was assessed for staff #1 and staff #2, due to for failure to complete required criminal record clearance for each.

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 LIC 9224 was given to Site Supervisor.

An Exit interview was conducted with Site Supervisor Renee Cervantes. Appeal Rights were provided.

Copy of Notice of Site Visit LIC 9213 will be posted for 30 days.
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 02/28/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 7
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/03/2023 and conducted by Evaluator Ruby Ocegueda
PUBLIC
COMPLAINT CONTROL NUMBER: 57-CC-20230203094244

FACILITY NAME:PANDA'S FOWLER PRESCHOOLFACILITY NUMBER:
100404078
ADMINISTRATOR:DIXON-BREWER, LORIEFACILITY TYPE:
850
ADDRESS:231 SOUTH SIXTH STREETTELEPHONE:
(559) 834-1395
CITY:FOWLERSTATE: CAZIP CODE:
93625
CAPACITY:61CENSUS: 28DATE:
02/28/2023
UNANNOUNCEDTIME BEGAN:
12:30 PM
MET WITH:Renee CervantesTIME COMPLETED:
03:35 PM
ALLEGATION(S):
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Staff yell at day care children.
INVESTIGATION FINDINGS:
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On 2/29/2023, Licensing Program Analyst (LPA) Ruby Ocegueda conducted unannounced complaint inspection to address the allegation stated above. LPA met with Site Supervisor Renee Cervantes, toured the facility and took a census. The purpose of this inspection was to deliver the finding for the above listed allegation.

During the course of the investigation, LPA Ocegueda conducted interviews of RP, staff, parents and children. LPA also obtained facility records. Although the allegations may have happened or may be valid, there is not a preponderance of the evidence to prove the allegation stated above, therefore the allegation was found to be UNSUBSTANTIATED.

Per California Code of Regulations, Title 22, Division 12, no deficiency is cited as it pertains to this allegation.


Report continued to 9099-C
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 02/28/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 7
Control Number 57-CC-20230203094244
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: PANDA'S FOWLER PRESCHOOL
FACILITY NUMBER: 100404078
VISIT DATE: 02/28/2023
NARRATIVE
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An exit interview was conducted with Site Supervisor Renee Cervantes. A Notice of Site Visit was posted on parent board.

This report shall be made available to the public upon request. Appeal Rights were provided.
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 02/28/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 57-CC-20230203094244
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: PANDA'S FOWLER PRESCHOOL
FACILITY NUMBER: 100404078
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/28/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/01/2023
Section Cited
CCR
102370(d)(1)
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(d) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing or volunteering in a licensed facility: (1) Obtain a California clearance or a criminal record exemption as required by the Department or...this requirement was not met as evidenced by: interviews and record review.
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Today, Site Supervisor Cervantes stated the facility had since obtained criminal record clearance for both staff #1 and staff #2 as required which LPA was able to confirm through the online Guardian website. LPA also collected a copy of livescan forms for staff #1 and #2.
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An Investigation revealed that staff #1 and staff #2 were present at the facility (as early as December 2022) on a daily basis for several hours a day and were providing care and supervsion to children without criminal record clearance. This poses an immediate risk to the health, safety and/personal rights risk to children in care.
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Site Supervisor stated she would also provide a written signed and dated statement indicating the understanding of the requirement to obtain criminal record clearance for adults who work and provide care and supervision to children. Proof will be submitted to the Department by POC date 3/1/2023.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 02/28/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2023
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 57-CC-20230203094244
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: PANDA'S FOWLER PRESCHOOL
FACILITY NUMBER: 100404078
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/28/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
03/10/2023
Section Cited
CCR
101217(A)
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Personell Records(a)The licensee shall ensure that personnel records are maintained on the licensee, administrator and each employee. Each personnel record shall contain the following information:
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On 2/29/2023, Site Supervisor was able to provide proof of both personnel files. A file review was conducted by LPA and revealed that staff #1 and staff #2 do not have Child Development educational units but have completed high school. All other pertinent forms and documents were also now present.
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This requirement was not met as evidenced by: interview and record review. On 2/8/2023, Site Supervisor could not provide records for staff #1 and staff #2, thus could not provide proof that these staff met the department qualifications to provide care and supervision to children. This poses a potential risk to the health, safety and personal rights of children in care.
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LPA reviewed the supervision of children that these aids are allowed to conduct and discussed ratios with Site Supervisor. Deficiency was cleared today.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 02/28/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2023
LIC9099 (FAS) - (06/04)
Page: 7 of 7