153906799-5-29-2020-04-CC-DLEN-BQ3VAH-20200529161558

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 153906799
Report Date: 05/28/2020
Date Signed: 05/29/2020 10:59:14 AM

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
03/06/2020 and conducted by Evaluator Jessika Thompson

PUBLIC

COMPLAINT CONTROL NUMBER: 04-CC-20200306105252

FACILITY NAME:	ERVIN, MARY FAMILY CHILD CARE		FACILITY NUMBER:	153906799
ADMINISTRATOR:	ERVIN, MARY		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(661) 549-1048
CITY:	BAKERSFIELD	STATE: CA	ZIP CODE:	93312
CAPACITY:	14	CENSUS: 6	DATE:	05/28/2020
		UNANNOUNCED	TIME BEGAN:	02:30 PM
MET WITH:	Mary Ervin - Licensee		TIME COMPLETED:	03:00 PM

ALLEGATION(S):

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Provider is restraining day care child in a swing
Provider isolated day care child in a dark/closed room
Provider was operating out of ratio

INVESTIGATION FINDINGS:

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On 05/20/20, Licensing Program Analyst (LPA) Jessika Thompson conducted an unannounced complaint tele-inspection. An on site complaint investigation could not be completed today due to COVID-19 social distancing restrictions. The purpose of this inspection was to gather information to investigate the above allegations. LPA conducted the tele-inspection with Licensee Mary Ervin and explained the allegations. During the course of this investigation, LPA interviewed parents, facility staff and children.

Parents in care who were interviewed indicated they had no knowledge of children being being restrained in a swing. Staff stated infants in care are placed in a swing, on occasion, for a time interval no longer than 30 minutes. Staff stated that if an infant falls asleep, begins to cry, or appears to be in distress while within the swing, the infant is immediately removed. The licensee indicated that she ensures that any infant placed in a swing is buckled in; however, she stated she has never placed an infant in a swing as a method of restraint. LPA interviewed a child who stated they had not observed children crying within a swing at the family child care home (Continued on LIC9099-C).

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Diana deLeon	TELEPHONE: (559) 650-7854
LICENSING EVALUATOR NAME: Jessika Thompson	TELEPHONE: 559-341-4622
LICENSING EVALUATOR SIGNATURE:	DATE: 05/28/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2020

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-20200306105252

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: ERVIN, MARY FAMILY CHILD CARE	FACILITY NUMBER: 153906799
	VISIT DATE: 05/28/2020

NARRATIVE

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Regarding the provider isolating children in a dark closed room, during an unannounced complaint inspection, upon entering the family child care home, LPA observed an infant within the day-care nap room where the doors were closed, although there was visibility into the room as the entry doors were glass. The licensee's assistant explained that the child was taking a nap; therefore, the blinds were closed to darken the room. The licensee's assistant also explained that the door to the room is normally always left open; however, upon LPA knocking on the front door of the home, staff shut the door so as not to disturb the child. Of parents interviewed during this investigation none stated or alluded to having knowledge of the provider isolating any children within a dark closed room. Two parents interviewed stated they observed the door to the nap room to always be open when children are napping.

Regarding the provider operating out of ratio, during unannounced inspections conducted at the family child care home, LPA found the licensee to be operating within ratio requirements. The licensee stated that she has never operated out of ratio. Records reviewed indicate there is only one infant currently enrolled at the facility. Additionally, according to the licensee, neither her or either of her assistants are ever alone with more than six age appropriate children. Parents that were interviewed during the investigation stated they had not observed any single provider at the facility with more than five or six children.

Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are UNSUBSTANTIATED.

Per California Code of Regulations, Title 22, Division 12, Chapter 3, no deficiency was cited. An exit interview was conducted with the licensee.

SUPERVISOR'S NAME: Diana deLeon	TELEPHONE: (559) 650-7854
LICENSING EVALUATOR NAME: Jessika Thompson	TELEPHONE: 559-341-4622
LICENSING EVALUATOR SIGNATURE:	DATE: 05/28/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2020

LIC9099 (FAS) - (06/04)

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