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25 | Licensing Program Analyst (LPA), Claudia Amador conducted an unannounced complaint investigation and met with Licensee, Margarita Aristoteles. There is a total of (7) children present in care, (2) of which are infants and (5) preschool age children. Facility was observed operating within ratio and capacity.
Upon arrival LPA observed an empty above-ground pool box located on the left side of the house. When LPA entered the home, LPA observed the facility assistant and daycare children walking in from the backyard outdoor play area. LPA observed an above-ground pool filled with water located on the right side of the backyard, which was not surrounded with appropriate fencing or covered with a pool cover. LPA observed a (4) foot high steel fence, partially surrounding the backyard patio; however, the pool was accessible to the children, as fencing did not completely surround the pool. Additionally, the fence gate was observed to be self-latching and self-closing; however, the gate swings in the direction of the pool. The steel fence has (5) inch gaps in between its vertical members. The above ground pool's height is (3) feet, (3) inches. The licensee stated the pool was installed in the Summer of 2022; there is no indication that the licensee reported the installation to the Department as required. During the inspection, the licensee removed the pool ladder and stored it in an area inaccessible to daycare children.
Per California Code of Regulations,Title 22, Division 12 & Chapter 3, one (1) Type A citations is being cited on the attached LIC 809-D. An Immediate Civil Penalty in the amount of $500 being assessed. LPA Claudia Amador informed Licensee, Margarita Aristoteles that this report dated 9/21/22 document(s) (1) Type A citation(s) which shall be posted for 30 consecutive days as there is immediate risk(s) to the health, safety, or personal rights of children in care. Also, LPA Claudia Amador informed the Licensee, Margarita Aristoteles to provide a copy of this licensing report dated 09/21/2022 that documents Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification. Exit interview conducted and report was reviewed with licensee, Margarita Aristoteles. A copy of this report, along with Appeal Rights (LIC9058 03/22), were provided. A notice of site visit was given and must remain posted for 30 days. LPA observed that the notice of site visit was posted during the inspection. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
This is an amended version of the original report created on 09/21/22. |