243808294-10-8-2024-04-CC-KMWS-DB8UYY-20241121150039

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 243808294
Report Date: 10/08/2024
Date Signed: 10/08/2024 11:46:12 AM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 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
10/02/2024 and conducted by Evaluator Martha DeHaro

PUBLIC

COMPLAINT CONTROL NUMBER: 04-CC-20241002153532

FACILITY NAME:	OUR LADY OF FATIMA PRE-K		FACILITY NUMBER:	243808294
ADMINISTRATOR:	JEAN, BRITTANY		FACILITY TYPE:	850
ADDRESS:	1625 CENTER AVENUE		TELEPHONE:	(209) 826-2709
CITY:	LOS BANOS	STATE: CA	ZIP CODE:	93635
CAPACITY:	42	CENSUS: 18	DATE:	10/08/2024
		UNANNOUNCED	TIME BEGAN:	09:15 AM
MET WITH:	Kim Silva		TIME COMPLETED:	11:45 AM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Licensee is not operating within the limitations of their license

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

On 10/08/24, Licensing Program Analyst (LPA) Martha De Haro, conducted an unannounced complaint inspection regarding the above allegation to gather information to investigate the above allegation. LPA met with Site Supervisor Kim Silva, toured the facility, and took a census. LPA explained and discussed the allegation and findings with Site Supervisor Ms. Silva.

LPA investigated the above allegation. During the course of the investigation, LPA interviewed staff members and the Site Supervisor, conducted facility observations, and reviewed and obtained facility records.

After reviewing children’s records, LPA De Haro found one instance where the facility had enrolled a child who was under three (3) years old. The facility is licensed as a preschool program, which serves children who are between three (3) and five (5) years old and not yet attending school. (Continued on LIC 9099-C)

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Kari McWilliams	TELEPHONE: (559)341-5422
LICENSING EVALUATOR NAME: Martha DeHaro	TELEPHONE: (559) 341-3920
LICENSING EVALUATOR SIGNATURE:	DATE: 10/08/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/08/2024

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 04-CC-20241002153532

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: OUR LADY OF FATIMA PRE-K	FACILITY NUMBER: 243808294
	VISIT DATE: 10/08/2024

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

The facility does not have a toddler component, granting them permission to provide childcare services to children are under 3 years old or toddler age. When addressed with Site Supervisor Ms. Silva, she stated that she had mistakenly enrolled a child under three (3) years of age. LPA advised that that the facility could not accept children who are under three (3) years of age, per the age conditions granted in the preschool license for this facility.

Based on LPA De Haro’s interview with the Site Supervisor and record review, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

Per California Code of Regulations Title 22 Division 12 Chapter 1, the following deficiency is being cited (see LIC 9099-D).

An exit interview was conducted with Site Supervisor Kim Silva. A copy of this report and Appeal Rights were provided and discussed with Ms. Silva. Notice of Site Visit to be posted for 30 days.

SUPERVISOR'S NAME: Kari McWilliams	TELEPHONE: (559)341-5422
LICENSING EVALUATOR NAME: Martha DeHaro	TELEPHONE: (559) 341-3920
LICENSING EVALUATOR SIGNATURE:	DATE: 10/08/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/08/2024

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 04-CC-20241002153532

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: OUR LADY OF FATIMA PRE-K	FACILITY NUMBER: 243808294
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/08/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 10/25/2024 Section Cited CCR 101161(a)	1 2 3 4 5 6 7	(a) A licensee shall not operate a child care center beyond the capacity and limitations specified on the license, including the capacity limitation.	1 2 3 4 5 6 7	Site Supervisor agrees to review ages of children enrolled and verify that no children under 3 are being cared for at the facilty. Site Supervisor agrees to create a document that clearly shows children's start dates at the center and will write a statement, stating that she understands that the facility cannot accept children under three (3) years old.
	8 9 10 11 12 13 14	This requirement was not met as evidenced through review of the facility records and the interview with the Site Supervisor as a child under three (3) years old was found to be attending the center. This poses a potential risk to the health, safety, and personal rights of children in care.	8 9 10 11 12 13 14	Supporting documentation to be submitted by the Plan of Correction due date, October 25, 2024.
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Kari McWilliams	TELEPHONE: (559)341-5422
LICENSING EVALUATOR NAME: Martha DeHaro	TELEPHONE: (559) 341-3920
LICENSING EVALUATOR SIGNATURE:	DATE: 10/08/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/08/2024

LIC9099 (FAS) - (06/04)

Page: 3 of 3