434403815-10-24-2019-07-CC-MMAR-BH9UTT-20191024155229

Community Care Licensing

FACILITY EVALUATION REPORT

Facility Number: 434403815
Report Date: 10/24/2019
Date Signed: 10/24/2019 03:52:36 PM

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:	DELGADO, RUTH		FACILITY NUMBER:	434403815
ADMINISTRATOR:	DELGADO, RUTH		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(408) 225-6368
CITY:	SAN JOSE	STATE: CA	ZIP CODE:	95121
CAPACITY:	14	CENSUS: 7	DATE:	10/24/2019
TYPE OF VISIT:	Annual/Random	UNANNOUNCED	TIME BEGAN:	02:00 PM
MET WITH:	Ruth Delgado		TIME COMPLETED:	03:45 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 10/24/19 Licensing Program Analyst (LPA) Monica Mathur conducted an unannounced Annual/Random Inspection at Ruth Delgado's Family Day Care Home. LPA met with Licensee, Ruth and explained the purpose of today’s inspection. Present in the home were Licensee, her spouse who is also the Helper and seven (7) day care children (4 infants, 3 preschool age). Licensee states two of the four infants are her own grand children. Facility is in compliance with required ratios today. Days and hours of operation are Monday - Friday from 6:00 AM - 5:30 PM. Adults over the age of 18 and residing in the home are the Licensee, Licensee's spouse, and daughter. All adults have Criminal Background Check Clearances, TB clearance and signed Criminal Record Statement LIC508 on file with Licensing Office. When LPA arrived at 2:00 PM children were napping and LPA observed a 3 month old infant sleeping in a rocking swing in the Living room (off limit area). LPA advised Licensee that no child should be left sleeping in a swing. Licensee removed the infant immediately. Later children woke up, fed and were engaged in various activities under the supervision of the Licensee and Helper. LPA toured the indoor and outdoor areas of the home during today's inspection: INDOOR SPACE: In Use Areas: Family room, Bedroom downstairs, Bathroom downstairs, Kitchen. Off Limit Areas: Living room, Dining area, Entire second floor, Attached Garage, Laundry room. The Licensee has a working telephone in the home. LPA observed sufficient materials, toys, and play equipment for the day care children in the home. All detergents, cleaning compounds, medications, and other similar items are inaccessible to children. Furniture and equipment, such as cribs, mats, feeding chairs, and tables were age appropriate and in good condition. There were no baby walkers observed on the premise during today’s inspection. The home is clean, orderly, and safe for the day care children. LPA did not observe any wall heaters in the home. There is a fireplace inside the home. There are barricaded stairs inside the home.

SUPERVISOR'S NAME: Diana Stephenson	TELEPHONE: (408) 324-2128
LICENSING EVALUATOR NAME: Monica Mathur	TELEPHONE: (408) 334-8312
LICENSING EVALUATOR SIGNATURE:	DATE: 10/24/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/24/2019

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: DELGADO, RUTH	FACILITY NUMBER: 434403815
	VISIT DATE: 10/24/2019

NARRATIVE

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LPA reminded Licensee of the applicable civil penalties for those adults who have not received fingerprint clearances, are not associated to the license and who comes in contact with or provide care and supervision to the children. Penalty amounts: $100.00 per person per day, minimum of $100.00 to a maximum of $500.00 per person for an initial violation and a minimum of $100.00 to a maximum of $3000.00 per person for any subsequent violation within a 12-month period.

Incidental Medical Services (IMS) policy was discussed. The Licensee stated that she currently does not have any children in care who requires IMS. 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.

Beginning January 1, 2019 AB 2370 requires licensed homes and centers to share information on the risks and effects of lead exposure with enrolling and re-enrolling families. LPA provided a copy of the “Lead Poisoning Facts Information Flyer” to the facility. LPA also provided the “Safe Sleep Information Flyer” to Licensee.

Website links for free subscription to Quarterly Updates Newsletter:
http://www.cdss.ca.gov/inforesources/Community-Care/Self-Assessment-Guides-and-Key-Indicator-Tools/Quarterly-Updates
or
Send email to: childcareadvocatesprogram@dss.ca.gov

In the areas that were evaluated, regulatory violation was observed. Exit Interview was conducted, where this report, the citation, plan of correction, and appeal rights were reviewed and discussed with Licensee. Citation is issued on 809-D page of this report. Licensee signed the report acknowledging receipt of documents. LPA reminded Licensee that failure to correct deficiencies by Plan of Correction Due Date may result in penalties of $100 per day per violation.

A NOTICE OF SITE VISIT WAS ISSUED, AND MUST BE POSTED NEAR THE FRONT ENTRANCE TO THE HOME FOR 30 CONSECUTIVE DAYS.

SUPERVISOR'S NAME: Diana Stephenson	TELEPHONE: (408) 324-2128
LICENSING EVALUATOR NAME: Monica Mathur	TELEPHONE: (408) 334-8312
LICENSING EVALUATOR SIGNATURE:	DATE: 10/24/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/24/2019

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: DELGADO, RUTH	FACILITY NUMBER: 434403815
	VISIT DATE: 10/24/2019

NARRATIVE

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OUTDOOR SPACE: In Use Areas: Entire backyard
Off Limit Areas: Outdoor shed (locked), Right side yard (gated)
The outdoor space and play equipment were observed to be maintained in safe condition and free of hazards. Heavy structure was secured to the ground. The yard was fenced and there were no bodies of water.

LPA observed a fully charged 3A40BC fire extinguisher in the kitchen and working smoke / carbon monoxide detectors. The Licensee states that she does not have any weapons. There is a pet dog in the home. LPA reviewed a current Children Roster and Fire/Disaster Drill Log during today's inspection. Last fire/disaster drill was completed on 06/05/19. All required postings including but not limited to Parent Rights Poster, Facility License, Emergency Disaster Plan were observed posted on a wall in the entrance to the Family room area. The Licensee states that she does not transport children. Licensee states that she supplies snacks and meals to the children. Food storage area was observed to be clean. LPA discussed Healthy Beverages Act with the Licensee. Day care home appeared to be free of flies, other insects, and rodents during today’s inspection.

FILE REVIEW:
Children's files were reviewed and contained all required Licensing forms and records including but not limited to Receipt for Parents' Rights, Immunization record, Identification & Emergency Information, Consent for Medical Treatment, Parent Notification for Additional Children in Care, Affidavit Regarding Liability Insurance.
Licensee and Helper's files contained Criminal Record and Child Abuse Index Clearance, TB clearance, Statement Acknowledging Requirement to Report Suspected Child Abuse, Employee Rights, Immunizations for Measles, Pertussis, Flu and required Mandated Reporter Training per AB1207. Licensee's certifications for CPR and First Aid are current and expire on 12/31/20.

Supervision of children was discussed with the Licensee and she understands that she must be present in the home during 80% of the operating hours of the day care and ensure that the children are supervised at all times. The Licensee understands her capacity options and that she cannot have more than 14 children in the home at any time with at least two qualified adults present. Licensee also understands that she must comply with the ratio and capacity requirements of the Small Family Child Care Home license whenever she or a qualified adult is alone with the children.

SUPERVISOR'S NAME: Diana Stephenson	TELEPHONE: (408) 324-2128
LICENSING EVALUATOR NAME: Monica Mathur	TELEPHONE: (408) 334-8312
LICENSING EVALUATOR SIGNATURE:	DATE: 10/24/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/24/2019

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: DELGADO, RUTH	FACILITY NUMBER: 434403815
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/24/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 10/28/2019 Section Cited	1 2 3 4 5 6 7	102423 PERSONAL RIGHTS (a)Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following (2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement is not met as evidenced by:
	8 9 10 11 12 13 14	Per LPA's observation, a 3 month old infant was sleeping in a rocking swing in the Living room which is an off limit area. This is a violation of Personal Rights. This poses a potential risk to the health and safety of children in care.	8 9 10 11 12 13 14
	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: Diana Stephenson	TELEPHONE: (408) 324-2128
LICENSING EVALUATOR NAME: Monica Mathur	TELEPHONE: (408) 334-8312
LICENSING EVALUATOR SIGNATURE:	DATE: 10/24/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/24/2019

LIC809 (FAS) - (06/04)

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