243903799-12-2-2020-04-CC-SFAG-BWYVT9-20210105154244

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 243903799
Report Date: 12/02/2020
Date Signed: 12/02/2020 11:32:58 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
10/01/2020 and conducted by Evaluator Robert Gutierrez

PUBLIC

COMPLAINT CONTROL NUMBER: 04-CC-20201001112511

FACILITY NAME:	VALENZUELA, MARIE FAMILY CHILD CARE		FACILITY NUMBER:	243903799
ADMINISTRATOR:	VALENZUELA, MARIE		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(209) 827-6106
CITY:	LOS BANOS	STATE: CA	ZIP CODE:	93635
CAPACITY:	14	CENSUS: 4	DATE:	12/02/2020
		UNANNOUNCED	TIME BEGAN:	10:00 AM
MET WITH:	Marie Valenzuela		TIME COMPLETED:	11:45 AM

ALLEGATION(S):

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Licensee leaves children with unqualified staff.

INVESTIGATION FINDINGS:

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On 12/02/2020 Licensing Program Analyst (LPA) Robert Gutierrez conducted an unannounced complaint inspection to review records, conduct a physical plant inspection and to provide findings. LPA met with Licensee, Marie Valenzuela. Licensee accompanied LPA during tour of facility both inside and outside. LPA discussed the allegation and took a census of children present. During the course of the investigation, LPA interviewed staff, witnesses and reviewed facility records. Based on the interviews conducted and records reviewed it was determined day care children were left alone with Assistant #1. Assistant #1 does not have proof of completion of required training and require file documentation to be allowed to provide care and supervision to children without licensee being present. Based upon observations and information gathered through interviews, it has been determined that day care children were left with an unqualified staff member/assistant. The preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

An exit interview was conducted with Licensee, Marie Valenzuela. A copy of this report and Appeal Rights were provided and discussed with Licensee.
A Notice of Site Inspection Form was posted to parent's board and must remain posted for 30 days.

Substantiated

Estimated Days of Completion: 0

SUPERVISOR'S NAME: Susie Fanning	TELEPHONE: (559) 650-7890
LICENSING EVALUATOR NAME: Robert Gutierrez	TELEPHONE: 559-243-4588
LICENSING EVALUATOR SIGNATURE:	DATE: 12/02/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/02/2020

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 4

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
10/01/2020 and conducted by Evaluator Robert Gutierrez

PUBLIC

COMPLAINT CONTROL NUMBER: 04-CC-20201001112511

FACILITY NAME:	VALENZUELA, MARIE FAMILY CHILD CARE		FACILITY NUMBER:	243903799
ADMINISTRATOR:	VALENZUELA, MARIE		FACILITY TYPE:	810
ADDRESS:	257 HONEYBELL CT.		TELEPHONE:	(209) 827-6106
CITY:	LOS BANOS	STATE: CA	ZIP CODE:	93635
CAPACITY:	14	CENSUS: 4	DATE:	12/02/2020
		UNANNOUNCED	TIME BEGAN:	10:00 AM
MET WITH:	Marie Valenzuela		TIME COMPLETED:	11:45 AM

ALLEGATION(S):

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Licensee and/or staff speaks inappropriately in the presence of day care children.
Licensee transports children in an unsafe manner.

INVESTIGATION FINDINGS:

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On 12/02/2020 Licensing Program Analyst (LPA) Robert Gutierrez conducted an unannounced complaint inspection to review records, conduct a physical plant inspection and to provide findings. LPA met with Licensee, Marie Valenzuela. Licensee accompanied LPA during tour of facility both inside and outside. LPA discussed the allegation and took a census of children present. During the course of the investigation, LPA interviewed staff, witnesses and reviewed facility records. Based on interviews conducted, it was determined Licensee told Child #1 “Te haces pendejo?” which in English translates to, are you playing dumb with me? Although the Licensee may have said a word that can be deemed as inappropriate there is not a preponderance of evidence to suggest it was used in an inappropriate manner.

As for the second allegation Licensee transports children in an unsafe manner, LPA inspected the vehicle used to transport children and did not see any defects with the seat belt or seat buckle or obtain any information during the interviews conducted to establish any unsafe conditions.

Continued on 9099-C

Unsubstantiated

Estimated Days of Completion: 0

SUPERVISOR'S NAME: Susie Fanning	TELEPHONE: (559) 650-7890
LICENSING EVALUATOR NAME: Robert Gutierrez	TELEPHONE: 559-243-4588
LICENSING EVALUATOR SIGNATURE:	DATE: 12/02/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/02/2020

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

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 04-CC-20201001112511

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: VALENZUELA, MARIE FAMILY CHILD CARE	FACILITY NUMBER: 243903799
	VISIT DATE: 12/02/2020

NARRATIVE

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Based on interviews conducted it has been determined that the allegations that Licensee and/or staff spoke inappropriately in the presence of day care children and Licensee transports children in an unsafe manner are unsubstantiated. Although the allegations that Licensee and/or staff spoke inappropriately in the presence of day care children and Licensee transports children in an unsafe manner may have happened or are valid, there is not a preponderance of evidence to prove that the alleged violations occurred, therefore the allegation is UNSUBSTANTIATED.

Per California Code of Regulations, Title 22, Division 12, Chapter 3, no deficiency is cited during today's inspection.

An exit interview was conducted with Licensee, Marie Valenzuela. A copy of this report and Appeal Rights were provided and discussed with Licensee, Marie Valenzuela.
A Notice of Site Inspection Form was posted on parent's board and must remain posted for 30 days.

SUPERVISOR'S NAME: Susie Fanning	TELEPHONE: (559) 650-7890
LICENSING EVALUATOR NAME: Robert Gutierrez	TELEPHONE: 559-243-4588
LICENSING EVALUATOR SIGNATURE:	DATE: 12/02/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/02/2020

LIC9099 (FAS) - (06/04)

Page: 4 of 4

Control Number 04-CC-20201001112511

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: VALENZUELA, MARIE FAMILY CHILD CARE	FACILITY NUMBER: 243903799
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/02/2020

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 01/08/2021 Section Cited CCR 102416.1(d)	1 2 3 4 5 6 7	Personnel Records. All personnel records shall be maintained at the child care home and shall be available to the licensing agency for review. This requirement is not met as evidenced by observation and records reviewed conducted over the course of the investigation.	1 2 3 4 5 6 7	Licensee stated Assistant #1 shall complete all forms. Upon completion licensee shall submit a copy of the completed paperwork to Community Care Licensing (CCL) office by the given due date of 01/08/2021. This poses as a potential risk to the health, safety or personal rights of children in care.
	8 9 10 11 12 13 14	LPA observed that Assistant #1 did not have proof of completion of mandated reporter training, CPR/First Aid training of proof of immunizations for pertussis, measles and influenza.	8 9 10 11 12 13 14
	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: Susie Fanning	TELEPHONE: (559) 650-7890
LICENSING EVALUATOR NAME: Robert Gutierrez	TELEPHONE: 559-243-4588
LICENSING EVALUATOR SIGNATURE:	DATE: 12/02/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/02/2020

LIC9099 (FAS) - (06/04)

Page: 2 of 4