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Department of
SOCIAL SERVICES

Community Care Licensing


FACILITY EVALUATION REPORT

Facility Number: 430753625
Report Date: 12/04/2023
Date Signed: 12/04/2023 11:24:06 AM


Document Has Been Signed on 12/04/2023 11:24 AM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131



FACILITY NAME:PESTANO, MARILYNFACILITY NUMBER:
430753625
ADMINISTRATOR:PESTANO, MARILYNFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(408) 734-8806
CITY:SUNNYVALESTATE: CAZIP CODE:
94089
CAPACITY:12CENSUS: 4DATE:
12/04/2023
TYPE OF VISIT:Required - 3 YearUNANNOUNCEDTIME BEGAN:
08:40 AM
MET WITH:Marilyn PestanoTIME COMPLETED:
11:45 AM
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Licensing Program Analyst (LPA) Mel Matos met with Marilyn Pestano, Licensee, for an unannounced Required – 3 year annual inspection. LPA notes that the Licensee has submitted a written request to reduce her licensed capacity to the small Family Child Care Home license. LPA was granted access to the home by the Licensee. LPA also observed three preschool children & Licensee's infant grandchild in the home during today's inspection. Licensee was operating within her capacity and ratio requirements. LPA observed the required postings, including the facility license, near the front entrance to the home. Days and hours of operation are Monday - Friday from 7:00 AM to 6:00 PM. The adults residing in the home are: Licensee, Licensee's husband (Ancleto Pestano), and Licensee's adult daughter (Kimberly Pestano). Licensee's minor granddaughter (age 8 months) also resides in the home.

LPA reviewed a current Child Care Facility Roster and Fire/Disaster drill log during today's inspection. The last fire/disaster drill was completed on November 2, 2023. Licensee has liability insurance for the day care through DCI insurance and LPA observed a valid policy during today's inspection (expiration: 12/13/2023). Licensee has current CPR and First Aid certifications (expiration: 09/2025). Licensee has the required vaccines (MMR, Tdap, & flu) and is current with her Mandated Reporter Training for Child Care Workers (expiration: 05/05/2024). Licensee states that she does not have an adult assistant at this time due low enrollment of children. LPA reviewed five children's files and the files were complete with the required forms. LPA reviewed one staff file (Licensee) and the file was complete with the required forms.

LPA toured the indoor and outdoor areas of the home during today's inspection. Licensee has a working telephone in the home (408-390-4229). The home is clean, orderly, (including heating & ventilation), and safe for the day care children. There are safe & age appropriate toys, play equipment, and materials for the children in the home. Off limit areas in the home: two bedrooms, front living room, barricaded fireplace (located in the front living room), attached garage, and one bathroom. There are no stairs and no wall heaters inside the home. Off limit areas outside the home: gated left side yard. LPA observed a play structure in the backyard that is secure and safe for the children. LPA also observed resilient soft rubber surfacing (Play N Pour) under and around the play structure during today's inspection.
SUPERVISOR'S NAME: Diana StephensonTELEPHONE: (408) 324-2158
LICENSING EVALUATOR NAME: Melvin S MatosTELEPHONE: (408) 334-8554
LICENSING EVALUATOR SIGNATURE:
DATE: 12/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE: 12/04/2023
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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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: PESTANO, MARILYN
FACILITY NUMBER: 430753625
VISIT DATE: 12/04/2023
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LPA observed a fully charged 3A40BC fire extinguisher, working smoke/carbon monoxide detectors, no bodies of water, and fenced backyard. The Licensee states that she does not have any weapons/ammunition in the home. Licensee has one mini French Bulldog that is licensed/vaccinated and kept in the front living room area of the home during day care hours. All detergents, cleaning compounds, medications, and other similar items are inaccessible to children. Licensee states that there are no poisons in the home. Licensee states that she does not administer any medications to the day care children. Licensee has a first aid kit in the home which includes a touch less thermometer. Licensee understands that smoking is prohibited in the home.

Supervision of children was discussed with the Licensee and she understands that she must be present in the home during day care hours and ensure that the children are supervised at all times. Licensee understands her capacity/ratio options and she understands that she cannot have more than 8 children present in the home without one qualified adult present. Licensee states that a child will be isolated in the back living room if necessary due to illness or communicable disease. Licensee states that does not transport any day care children. Licensee understands that children shall not be left unattended in parked vehicles and that car seats shall only be used for transportation and shall not be used for sleeping.

Marilyn Pestano, Licensee, was reminded that all adults 18 and over living or working in the home, including employees and volunteers, 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 up to $500.00 maximum per day/per person will be assessed if this regulation is violated.

LPA discussed the safe sleep regulations with the Licensee and discussed the Child Care Licensing Safe Sleep webpage at https://www.cdss.ca.gov/inforesources/child-care-licensing/public-information-and-resources/safe-sleep as an additional resource. LPA also informed the Licensee of the importance of checking for recalled infant devices on the United States Consumer Product Safety Commission (CPSC) website at https://www.cpsc.gov/ and recommended they register all infant devices with the CPSC to be notified of any recalls on their purchased equipment.

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. For additional information regarding the inspection and its tools and methods, please visit the Program website at www.cdss.ca.gov/inforesources/community-care-licensing/process

Exit interview conducted and report was reviewed with the Licensee, Marilyn Pestano. No deficiencies issued during today's inspection. LPA advised the Licensee that her licensed capacity will be reduced to the capacity of eight children and a revised license will be mailed to her within 5-7 days.

A Notice of Site Visit was given and must remain posted for 30 days.

SUPERVISOR'S NAME: Diana StephensonTELEPHONE: (408) 324-2158
LICENSING EVALUATOR NAME: Melvin S MatosTELEPHONE: (408) 334-8554
LICENSING EVALUATOR SIGNATURE:

DATE: 12/04/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/04/2023
LIC809 (FAS) - (06/04)
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