376625292-4-29-2025-20-CC-JABO-DG7RCY-20250429125506

Community Care Licensing

FACILITY EVALUATION REPORT

Facility Number: 376625292
Report Date: 04/29/2025
Date Signed: 04/29/2025 12:57:51 PM

Document Has Been Signed on 04/29/2025 12:57 PM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME:	TOSTADO-SMITH, SYLVIA FAMILY CHILD CARE		FACILITY NUMBER:	376625292
ADMINISTRATOR/ DIRECTOR:	SYLVIA TOSTADO-SMITH		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(619) 575-6791
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92154
CAPACITY: 14	TOTAL ENROLLED CHILDREN: 14	CENSUS: 3	DATE:	04/29/2025
TYPE OF VISIT:	Annual/Random	UNANNOUNCED	TIME VISIT/ INSPECTION BEGAN:	09:00 AM
MET WITH:	Licensee Sylvia Tostado- Smith		TIME VISIT/ INSPECTION COMPLETED:	01:15 PM

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	On 04/29/2025 at 9:00 am, Licensing Program Analyst (LPA), Julieta Abrego conducted an unannounced Annual Required Inspection and met with Licensee Sylvia Tostado-Smith. LPA disclosed the purpose of the inspection and was granted entry into the facility by the Licensee. There were three (3) children and the licensee’s spouse present in the facility during this inspection. The licensee accompanied LPA inside and out of the facility during this inspection. The off-limits areas are inaccessible using door locks, doorknob covers and safety gates. The fire extinguisher, smoke detector, and carbon monoxide detector met the requirements. All hazardous items were inaccessible to children. The licensee has toys, play equipment, and materials available. The licensee uses the backyard for outdoor activities. No bodies of water were observed on the premises during the inspection. The licensee stated there are no firearm or weapons in the home. Licensee was reminded that all adults 18 and over living or working in the home, including employees and volunteers, except as specified in Health and Safety Code section 1596.871, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to initial presence in a licensed Family Child Care Home. A civil penalty of $100.00 minimum/day for a maximum of 5 days or, if the penalty is for a repeat violation, for a maximum of 30 days per person will be assessed if this regulation is violated. Licensee’s First Aid and CPR certifications expired in 2024. The licensee was reminded she must renew her First Aid and CPR every two years. See LIC 809-D for deficiency. The licensee has required immunizations. Licensee completed Mandated Reporter Training on 07/22/2023. The licensee was reminded all assistants must have a completed Mandated Reporter Certificate and renew every two years.

Cynthia Biszant	TELEPHONE: (619) 767-2258
Julieta Abrego	TELEPHONE: 951-204-2046
	DATE: 04/29/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2025

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

LIC809 (FAS) - (06/04)

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California Health & Human Services Agency

California Department of Social Services

FACILITY EVALUATION REPORT California law requires a public report of each licensing visit/inspection. This report is a record for the facility and the licensing agency. This report is available for public review; therefore, care is taken not to disclose personal or confidential information. Inquiries concerning the location, maintenance, and contents of these reports may be directed to the Licensing Program Analyst or Regional Office whose address and telephone number are listed on the front of this form.

DEFICIENCIES A deficiency is an instance of noncompliance with licensing requirements, including applicable statutes, regulations, interim licensing standards, operating standards, and written directives. Applicants/ licensees must be notified in writing of all licensing deficiencies. Deficiencies are listed on the left side of this form, and the applicable licensing requirement upon which the deficiency is identified. There are two types of deficiencies:

Type A deficiencies are violations of licensing requirements that, if not corrected, have a direct and immediate risk to the health, safety, or personal rights of persons in care.

Type B deficiencies are violations of licensing requirements that, without correction, could become a risk to the health, safety, or personal rights of persons in care, a recordkeeping violation that could impact the care of said persons and/or protection of their resources, or a violation that could impact those services required to meet the needs of persons in care.

PLANS OF CORRECTION (POCs) The licensing agency is required to establish a reasonable length of time to correct a deficiency. In order to set the time, the licensing agency must take into consideration the seriousness of the violation, the number of persons in care involved, and the availability of equipment and personnel necessary to correct the violation. Applicants/licensees are requested to provide a specific plan for each violation on the right side of the form across from each deficiency. The more specific the plan, the less chance exists for any misunderstanding in setting time limits and reviewing corrections. The applicant/licensee who encounters problems beyond their control in completing the corrections within the specified time frame may request and may be granted an extension of the correction due date by the licensing agency.

CORRECTION NOTIFICATION The applicant/licensee is responsible for completing all corrections and promptly notifying the licensing agency of corrections. Applicants/licensees are advised to keep a dated copy of any correspondence sent to the licensing agency concerning corrections, or if corrections are telephoned to the licensing agency, the date, person contacted, and information given.

CIVIL PENALTIES The licensing agency is required by law to issue a Penalty Notice, when applicable, to all facilities holding a license issued by the licensing agency, or subject to licensure, except Certified Family Homes, Resource Families, and Foster Family Homes, or any governmental entity.

PENALTY NOTICE GIVEN The statement concerning civil penalties serves as a penalty notice on this Licensing Report and failure to correct cited licensing deficiencies will result in civil penalties. Applicants/ licensees are required to pay civil penalties when administrative appeals have been exhausted and in accordance with any payment arrangements made with the licensing agency.

APPEAL RIGHTS The applicant/licensee has a right without prejudice to discuss any disagreement in this report with the licensing agency concerning the proper application of licensing requirements. The applicant/ licensee may request a formal review by the licensing agency to amend or dismiss the notice of deficiency and/ or civil penalty. Requests for review shall be made in writing within 15 business days of receipt of a deficiency notification or civil penalty assessment. Licensing deficiencies may be appealed pursuant to the procedures in the LIC 9058 Applicant/Licensee Rights.

AGENCY REVIEW The licensing agency review of an appeal may be conducted based upon information provided in writing by the applicant/licensee. The applicant/licensee may request an office meeting to provide additional information. The applicant/licensee will be notified in writing of the results of the agency review within 60 business days of the date when all necessary information has been provided to the licensing agency.

EMAIL REQUIREMENT Adult Community Care Facilities, Residential Care Facilities for the Chronically Ill, and Residential Care Facilities for the Elderly are required to provide and maintain an active email address of record with the licensing agency.

LIC809 (FAS) - (09/23)

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Document Has Been Signed on 04/29/2025 12:57 PM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: TOSTADO-SMITH, SYLVIA FAMILY CHILD CARE	FACILITY NUMBER: 376625292
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/29/2025

DEFICIENCIES & PLANS OF CORRECTION (POCs)

Section Cited

HSC

1596.8662(b)(1)

Administration of Child Day Care Licensing

(1) On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child day care provider, administrator, or employee of a licensed child day care facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a), and shall complete renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. This requirement is not met as evidenced by:
	Deficient Practice Statement
1 2 3 4	Based on record review, the licensee did not comply with the section cited above in two out of three staff which poses a potential health, safety or personal rights risk to persons in care.
	POC Due Date: 05/29/2025
	Plan of Correction
1 2 3 4	The licensee will send proof upon completion via email or text by 05/29/2025.

Type B

Section Cited

CCR

102416(c)

Personnel Requirements

(c) The licensee and other personnel as specified shall complete training on preventive health practices, including pediatric cardiopulmonary resuscitation and pediatric first aid, pursuant to Health and Safety Code Section 1596.866. This requirement is not met as evidenced by:
	Deficient Practice Statement
1 2 3 4	Based on record review, the licensee did not comply with the section cited above in one out of two staff which poses a potential health, safety or personal rights risk to persons in care.
	POC Due Date: 05/29/2025
	Plan of Correction
1 2 3 4	The licensee will send proof of enrollment and send certificate upon completion via email or text by 05/29/2025.

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

Cynthia Biszant	TELEPHONE: (619) 767-2258
Julieta Abrego	TELEPHONE: 951-204-2046
	DATE: 04/29/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2025

LIC809 (FAS) - (06/04)

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Document Has Been Signed on 04/29/2025 12:57 PM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: TOSTADO-SMITH, SYLVIA FAMILY CHILD CARE	FACILITY NUMBER: 376625292
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/29/2025

DEFICIENCIES & PLANS OF CORRECTION (POCs)

Section Cited

CCR

102416.1(a)(10)

Personnel Records

(a) Personnel records shall be maintained on each employee and shall contain the following information: (10) A signed and dated copy of the Notice of Employee Rights [LIC 9052, (Rev. 03/03)] as required by Section 102416(a) and Section 102417. This requirement is not met as evidenced by:
	Deficient Practice Statement
1 2 3 4	Based on record review, the licensee did not comply with the section cited above in two out of three staff which poses a potential health, safety or personal rights risk to persons in care.
	POC Due Date: 05/29/2025
	Plan of Correction
1 2 3 4	The licensee will send proof of signed form LIC 9052 Employee Rights via email or text by 05/29/2025.

Type B

Section Cited

CCR

102419(d)

Admission Procedures and Parental and Authorized Representative's Rights

(d) At the time of acceptance of each child into care, the licensee shall provide the child's parent or authorized representative with a copy of the notice Family Child Care Home Notification of Parent's Rights, LIC 995A (8/06), the Caregiver Background Check Process, LIC 995E (6/05), and the Family child Care Consumer Awareness Information, LIC 9212 (10/05). This requirement is not met as evidenced by:
	Deficient Practice Statement
1 2 3 4	Based on record review, the licensee did not comply with the section cited above in four out of six children's files which poses a potential health, safety or personal rights risk to persons in care.
	POC Due Date: 05/29/2025
	Plan of Correction
1 2 3 4	The licensee will send proof of completed and signed LIC 995A via email or text by 05/29/2025.

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

Cynthia Biszant	TELEPHONE: (619) 767-2258
Julieta Abrego	TELEPHONE: 951-204-2046
	DATE: 04/29/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2025

LIC809 (FAS) - (06/04)

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Document Has Been Signed on 04/29/2025 12:57 PM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: TOSTADO-SMITH, SYLVIA FAMILY CHILD CARE	FACILITY NUMBER: 376625292
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/29/2025

DEFICIENCIES & PLANS OF CORRECTION (POCs)

Section Cited

CCR

102421(b)

Child's Records

(b) The licensee shall maintain, in each child's record, a copy of the emergency information card as required in Section 102417(g)(7). This requirement is not met as evidenced by:
	Deficient Practice Statement
1 2 3 4	Based on record review, the licensee did not comply with the section cited above in three out of six children's files which poses a potential health, safety or personal rights risk to persons in care.
	POC Due Date: 05/29/2025
	Plan of Correction
1 2 3 4	The licensee will send proof of completed and signed emergency information card via email or text by 05/29/2025.

Type B

Section Cited

CCR

102417(g)(7)

Operation of A Family Child Care Home

(7) An emergency information card shall be maintained for each child and shall include the child's full name, telephone number and location of a parent or other responsible adult to be contacted in an emergency, the name and telephone number of the child's physician and the parent's authorization for the licensee or registrant to consent to emergency medical care. This requirement is not met as evidenced by:
	Deficient Practice Statement
1 2 3 4	Based on record review, the licensee did not comply with the section cited above one out of six children's files which poses a potential health, safety or personal rights risk to persons in care.
	POC Due Date: 05/29/2025
	Plan of Correction
1 2 3 4	The licensee will send proof of completed and signed emergency information card via email or text by 05/29/2025.

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

Cynthia Biszant	TELEPHONE: (619) 767-2258
Julieta Abrego	TELEPHONE: 951-204-2046
	DATE: 04/29/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2025

LIC809 (FAS) - (06/04)

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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: TOSTADO-SMITH, SYLVIA FAMILY CHILD CARE	FACILITY NUMBER: 376625292
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/29/2025

DEFICIENCIES & PLANS OF CORRECTION (POCs)

Section Cited

CCR

102417(g)(8)

Operation of A Family Child Care Home

(8) Each family child care home shall have a current roster of children as specified in Health and Safety Code Section 1596.841. This requirement is not met as evidenced by:
	Deficient Practice Statement
1 2 3 4	Based on record review, the licensee did not comply with the section cited above in one out of one roster which poses a potential health, safety or personal rights risk to persons in care.
	POC Due Date: 05/29/2025
	Plan of Correction
1 2 3 4	The licensee will provide the LPA with a current roster and send via email or text by 05/29/2025.

Type B

Section Cited

CCR

102417(m)(3)

Operation of A Family Child Care Home

(3) A file of affidavits signed by each parent with a child enrolled in the home. The affidavit shall state that the parent has been informed that the family child care home does not carry liability insurance or a bond according to standards established by the state. This requirement is not met as evidenced by:
	Deficient Practice Statement
1 2 3 4	Based on record review, the licensee did not comply with the section cited above in two out of six children's files which poses a potential health, safety or personal rights risk to persons in care.
	POC Due Date: 05/29/2025
	Plan of Correction
1 2 3 4	The licensee will provide the LPA with proof of completed and signed LIC 282 and send via email or text by 05/29/2025.

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

Cynthia Biszant	TELEPHONE: (619) 767-2258
Julieta Abrego	TELEPHONE: 951-204-2046
	DATE: 04/29/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2025

LIC809 (FAS) - (06/04)

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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN DIEGO CC RO, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: TOSTADO-SMITH, SYLVIA FAMILY CHILD CARE	FACILITY NUMBER: 376625292
	VISIT DATE: 04/29/2025

NARRATIVE

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The licensee was provided with website Mandatedreporterca.com. Please see LIC 809-D for deficiency. The licensee was reminded she must have a current facility roster and be available for licensing to review. Please see LIC 809-D for deficiency. LPA reviewed children’s files. The licensee was reminded that she must have a complete children’s file prior to the child’s first day in care. The LPA provided the licensee with LIC 311D and provided the licensee with a sample of a children’s file. Please see LIC 809-D for deficiency. The last fire and disaster drills were conducted and documented on 04/29/2025. The LPA observed the drill conducted and documented during the inspection. The LPA reminded the licensee must conduct a fire or disaster drill and document every six months.

Incidental Medical Services (IMS) policy was discussed. For IMS information see Evaluator Manual – Regulation Interpretations and Procedures for Family Child Care Homes Section 102417. When any IMS is provided, a Plan for Providing IMS must be submitted to the Department. The following information regarding ADA was provided: US Department of Justice (USDOJ) toll-free ADA Information Line at (800) 514-0301 (voice)/ (800) 514-0383 (TTY) and link to the publication: Commonly Asked Questions about Child Care Centers and the ADA, available at: http://www.ada.gov/childqanda.htm.
LPA discussed the following: Reporting suspected child abuse & neglect, maintaining children’s records according to regulation, and post required forms. The licensee was reminded corporal punishment, smoking, exersaucers, bouncy seats, walkers, jumpers, and/or similar equipment are not allowed in daycare. During the exit interview, the licensee Sylvia Tostado-Smith, confirmed that there are no Registered Sex Offenders living in the facility and LPA completed the RSO profile in FAS. LPA provided the California Megan's Law website: www.meganslaw.ca.gov. Licensee was informed of the MyChildCarePlan.org website; a consumer education website that helps families obtain childcare by connecting them to childcare providers and Resource and Referral Agencies (R&Rs) throughout California. To improve the quality and value of the new inspection process, a survey will be sent to the email address provided. Please complete the survey and share your inspection experience. If you have any questions regarding the process or tools, please send them by email to inspectionprocess@dss.ca.gov. In addition, for general questions or questions regarding licensing requirements contact the Child Care Licensing Duty Line at (619) 767-2248.
Please see LIC 809-D for cited deficiencies.

An exit interview was conducted, and the report was reviewed with the licensee Sylvia Tostado-Smith. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

SUPERVISOR'S NAME: Cynthia Biszant	TELEPHONE: (619) 767-2258
LICENSING EVALUATOR NAME: Julieta Abrego	TELEPHONE: 951-204-2046
LICENSING EVALUATOR SIGNATURE:	DATE: 04/29/2025

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/29/2025

LIC809 (FAS) - (06/04)

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