103808029-4-29-2021-04-CC-MDUE-C3TVLF-20210609163151

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 103808029
Report Date: 04/29/2021
Date Signed: 04/29/2021 01:59:07 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 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
03/19/2021 and conducted by Evaluator Ruby Ocegueda

PUBLIC

COMPLAINT CONTROL NUMBER: 04-CC-20210319093108

FACILITY NAME:	KIDS KARE RIVER BLUFF		FACILITY NUMBER:	103808029
ADMINISTRATOR:	CHANNITA, NANCY		FACILITY TYPE:	840
ADDRESS:	10011 N. CHESTNUT		TELEPHONE:	(559) 434-2481
CITY:	FRESNO	STATE: CA	ZIP CODE:	93720
CAPACITY:	56	CENSUS: 27	DATE:	04/29/2021
		UNANNOUNCED	TIME BEGAN:	12:30 PM
MET WITH:	Nancy Channita		TIME COMPLETED:	02:20 PM

ALLEGATION(S):

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Uncleared adults providing care to day care children

INVESTIGATION FINDINGS:

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On 4/29/2021, Licensing Program Analyst (LPA) Ocegueda conducted a complaint inspection for the purpose of providing the findings of the complaint investigation on the allegation listed above. Upon arriving to the facility, LPA provided identification and informed Director Nancy Channita of the reason for the inspection today. In order to observe common sense Covid-19 precautions, LPA completed this report outside, wore a mask and practiced social distancing during report review. LPA obtained census information from Director Channita.

During the course of this investigation, LPA Ocegueda conducted interviews of the Reporting Party (RP), staff and reviewed facility records. This agency has investigated the complaint allegation stating that “uncleared adults providing care to day care children”. The investigation revealed that staff #1 and multiple other staff were fingerprinted (completed a livescan) but licensee did not wait to receive criminal record clearance notification before allowing staff to provide care and supervision.
Report continued on 9099-C

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Michael Duarte	TELEPHONE: (559) 650-7874
LICENSING EVALUATOR NAME: Ruby Ocegueda	TELEPHONE: (559) 341-5808
LICENSING EVALUATOR SIGNATURE:	DATE: 04/29/2021

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2021

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 04-CC-20210319093108

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: KIDS KARE RIVER BLUFF	FACILITY NUMBER: 103808029
	VISIT DATE: 04/29/2021

NARRATIVE

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LPA Ocegueda referenced the May 27, 2020 appeal decision from CCL Program Administrator Shanice Orum. This appeal letter references that staff must have a background check and exemption approved by CCL before they can begin working with children. LPA also reminded the Director that licensee and hiring staff must ensure that any prospective employee who will be providing care and supervision to children have the required criminal record clearance from the Department of Justice (DOJ), Federal Bureau of Investigations (FBI) and the Child Abuse Registry before providing care to children. LPA reiterated to Director that no staff should provide care and supervision to children without first receiving a response from these agencies. Licensee and hiring staff should not rely on prospective employee’s application and self-disclosure information of any past criminal history. Licensees and hiring staff can contact their assigned Analyst for the facility, the Officer of the Day (OD), a manager at the Fresno Regional Office or contact Care Provider Management Bureau (CPMB) for assistance with obtaining information on background clearance status.
The Department has found that the complaint was SUBSTANTIATED, meaning the preponderance of evidence standard has been met.

Per Title 22, Chapter 1, Division 12 of the California Code of Regulations, the following deficiency was cited today (see 9099-D). A $500.00 civil penalty was assessed today.

An exit interview was conducted with Director Nancy Channita and a copy of Appeal Rights were provided.

Acknowledgement of Receipt of Licensing Reports LIC 9224 was reviewed with Director including instructions on how to complete the form. A copy of this report must be posted for 30 days and a copy made available to all parents of currently enrolled children and to the parents of any newly enrolled children for the next 12 months. LIC 9224 must be in the file of each child whose parents signed it.

NOTICE OF SITE VISIT FORM (LIC 9213) IS REQUIRED TO BE POSTED FOR 30 DAYS.

SUPERVISOR'S NAME: Michael Duarte	TELEPHONE: (559) 650-7874
LICENSING EVALUATOR NAME: Ruby Ocegueda	TELEPHONE: (559) 341-5808
LICENSING EVALUATOR SIGNATURE:	DATE: 04/29/2021

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2021

LIC9099 (FAS) - (06/04)

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Control Number 04-CC-20210319093108

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: KIDS KARE RIVER BLUFF	FACILITY NUMBER: 103808029
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/29/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Request Denied Type A 04/30/2021 Section Cited CCR 101170(e)(1)	1 2 3 4 5 6 7	All individuals subject to a criminal record review pursuant to Health and Safety… shall prior to working, residing or volunteering in a licensed facility: Obtain a California clearance or a criminal record exemption as required by the Department. This requirement was not met as evidenced by: interview, record review	1 2 3 4 5 6 7	Director stated she will coordinate with designated facility representative or licensee to provide Community Care Licensing (CCL) with a written statement indicating understanding of the regulation and how the facility will ensure that the regulation pertaining to
	8 9 10 11 12 13 14	and observation. Licensee did not ensure that staff #1 and multiple other staff had required criminal record clearance before providing care and supervision to children. This poses an immediate risk to the health, safety and/or personal rights of children in care. A $500.00 civil penalty was assessed today.	8 9 10 11 12 13 14	criminal background clearance is followed and adhered at all times.This Plan of Correction (POC) will be submitted by 4/30/2021.
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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.

SUPERVISOR'S NAME: Michael Duarte	TELEPHONE: (559) 650-7874
LICENSING EVALUATOR NAME: Ruby Ocegueda	TELEPHONE: (559) 341-5808
LICENSING EVALUATOR SIGNATURE:	DATE: 04/29/2021

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2021

LIC9099 (FAS) - (06/04)

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