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13 | Licensing Program Analyst (LPA) Dean Valencia conducted an unannounced complaint inspection on today's date, 3/5/2021. LPA met with licensee, Yulia Prisyazhnyuk and spouse/assistant, who guided LPA on a tour of the facility. During the course of the investigation, LPAs interviewed licensee, licensee's spouse/assistant, several parents, and made three separate physical plant inspections. Based on LPA observations and interviews the preponderance of evidence standard has been met, and all three allegations, Facility out of ratio, Facility did not provide a clean and safe environment for day care children, and Licensee operates more than one family day care home, are substantiated. The first allegation stated, Facility out of ratio, is substantiated based on LPA observations during today’s inspection. LPA observed 8 children, 1 of which is an infant, being cared for by one adult, the licensee’s spouse. No other person in the home providing care. This is an immediate threat to the children’s safety and Title 22 Regulation 102416.5(e) is being cited as an A violation on LIC9099D. Regarding the second allegation, Facility did not provide clean/safe environment is substantiated based on LPA observations.
(continued on LIC9099C) |
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32 | During tele inspection and walk-through of the kitchen on 11/2/20 and 12/3/20, LPA observed that the cabinet under the kitchen sink was not latched and various cleaning solutions were accessible to children. Regarding the third substantiated allegation, Licensee operates more than one facility; this was substantiated based on interviews with parents. It was stated by several parents that for at least 2 months, the spouse/assistant of licensee provided care to other children at a nearby home. The spouse has since ceased operation of the unlicensed day care. Spouse stated to LPA that they operated a parent co-op at an alternate location, but deny that it was unlicensed or needed a license. Based on interviews with several parents, this allegation is substantiated, as the preponderance of evidence standard has been met. Both these substantiated allegations have been determined by LPA to be potential threats of the children’s health and safety, and Title 22 Regulation 102417(g)(4) and Health/Safety Code 1596.80 are cited on LIC9099D. Based on this gathered information, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. Exit interview was conducted. The report was reviewed and discussed with the licensee. A printout of Operation of FCCH, Staffing Ratio and Capacity and Licenses/Unlicensed care, Title 22 Regulations was given to licensee and spouse during the inspection. These Regulations were reviewed with the licensee and spouse. Appeal Rights were provided to the licensee and were explained and discussed. The facility representative was provided a copy of their appeal rights (LIC 9058 12/15) and their signature on this form acknowledges receipt of these rights. Due to the Type A violations cited today, the licensee shall post, and provide copies, of the report to parents/guardians of the children in care at the facility by the next business day, and shall provide to the parents/guardians of children newly enrolled at the facility during the next 12 months. The licensee is to keep Acknowledgement Receipt (LIC 9224) signed by parents in each child’s file. In addition, the licensee shall immediately post upon receipt the Proof of Correction for 30 consecutive days. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
03/05/2021
Section Cited
CCR
102416.5(e) | 1
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7 | If no assistant provider is present at a Large Family Child Care Home, then the licensee shall comply with the capacity requirements for a Small Family Child Care Home as specified in subsections (b) and (c). 102416.5(e) This was not met as evidenced by: During the inspection on 3/5/2021, LPA Valencia
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7 | The licensee and spouse stated that the facility does not normally operate out of ratio, and licensee needed to step out of the home temporarily. During the inspection the licensee returned after being absent for approximately 30 minutes, to the home and continued care for the children. |
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14 | observed the spouse of licensee caring for 8 children, one of which an infant, and none over the age of 4. This is not in compliance of Staffing and Ratio Regulations and an immediate threat to the children's health and safety. | 8
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
03/12/2021
Section Cited
HSC
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7 | No person, firm, partnership, association, or corporation shall operate, establish, manage, conduct, or maintain a child day care facility in this state without a current valid license, therefor as provided in this act. 1596.80
This was not met as evidenced by: It was stated by several parents that for at least | 1
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7 | Spouse stated to LPA that they operated a parent co-op at an alternate location, but deny that it was unlicensed or needed a license. They deny that it is a violation and stated they will be appealing the violation. Appeal Rights were provided and explained to both licensee and spouse. |
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14 | 2 months, the spouse/assistant of licensee provided care to other children at a nearby home. The spouse has since ceased operation of the unlicensed day care. This is a potential threat to the children's health and safety. | 8
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Type B
03/12/2021
Section Cited
CCR
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7 | Poisons, detergents, cleaning compounds, medicines, firearms and other items which could pose a danger if readily available to children shall be stored where they are inaccessible to children. 102417(g)(4)
This was not met as evidenced by:
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7 | During the inspection the licensee latched the cabinet making the cleanign solutions inaccessable to children. It was also observed during the inspection on 3/5/21 that the kitchen cabinet was latched. This violation has been corrected, and Operation of FCCH Title 22 regulations were provided and explained to licensee. |
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14 | During tele inspection and walk-through of the kitchen on 11/2/20 and 12/3/20, LPA observed that the cabinet under the kitchen sink was not latched and various cleaning solutions were accessible to children. This is a potential threat to the children's health and safety. | 8
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