543909145-10-11-2022-57-CC-ROCA-CK4T96-20221011143124

Community Care Licensing

FACILITY EVALUATION REPORT

Facility Number: 543909145
Report Date: 10/11/2022
Date Signed: 10/11/2022 02:31:47 PM

Document Has Been Signed on 10/11/2022 02:31 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
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME:	BERMUDEZ, MARIA FAMILY CHILD CARE		FACILITY NUMBER:	543909145
ADMINISTRATOR:	BERMUDEZ, MARIA		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(559) 781-4214
CITY:	PORTERVILLE	STATE: CA	ZIP CODE:	93257
CAPACITY:	14	CENSUS: 5	DATE:	10/11/2022
TYPE OF VISIT:	Required - 1 Year	UNANNOUNCED	TIME BEGAN:	10:00 AM
MET WITH:	Maria Bermudez		TIME COMPLETED:	03:00 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 10/11/2022, Licensing Program Analysts (LPAs), Ruby Ocegueda and Daniel Alvarez conducted an unannounced Annual Required Inspection and was met by Licensee, Maria Bermudez Also present was adult #2 and adult #3. Days and hours of operation are Monday through Friday 7:00 AM to 6:00 PM. LPA toured the home inside and outside and a census was taken. Current facility sketch reviewed and Licensee confirmed that day care room was approved for care. Today, the kitchen, dining area and two living rooms were accessible to children due to broken baby gate. These areas were also inspected. All other rooms are off-limits and made inaccessible by use of baby gate that is placed at the hall entrance. There is an inground swimming pool that was not fenced per the regulation. Per record review and interview, licensee stated she was made aware by the Department that she should have a pool fence surrounding the in-ground pool located in the back yard but had not installed the fence. Also on the rod iron fence located to the right of the yard (when facing out to the pool from the living room), there was a gap from the rod iron fence to the wood fence that was approximately 6 inches in width. Today, licensee stated she does not use the play outise play area and would be made inaccessible. LPA’s Daniel Alvarez and Ruby Ocegueda discussed the requirements for pool fences and licensee confirmed the observations today. The rod iron gate door was functioning per the regulation, swinging away from the pool and was self-latching). The other rod iron pool fence door was locked with metal locks. There are no firearms or ammunition on the premises. No poisons were observed during the inspection. In the accessible kitchen, LPA observed that there was a pizza cutter, scissors, medication and sunscreen accessible to children in care. In the day care room there was baby powder and diaper ointment that were in accessible drawers. These products indicated “keep out of reach of children” on the safety label. The fireplace located in the living room is made inaccessible by a wood barrier and will not be in use during daycare hours. Report continued to 809-C

SUPERVISOR'S NAME: Susie Fanning	TELEPHONE: (559) 650-7890
LICENSING EVALUATOR NAME: Ruby Ocegueda	TELEPHONE: (559) 341-5808
LICENSING EVALUATOR SIGNATURE:	DATE: 10/11/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/11/2022

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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Document Has Been Signed on 10/11/2022 02:31 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
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: BERMUDEZ, MARIA FAMILY CHILD CARE	FACILITY NUMBER: 543909145
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/11/2022

DEFICIENCIES & PLANS OF CORRECTION (POCs)

Type A

Section Cited

CCR

102417(g)(5)

Operation of A Family Child Care Home

(g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (5) All licensees shall ensure the inaccessibility of pools (in-ground and above-ground), fixed-in-place wading pools, hot tubs, spas, fish ponds and similar bodies of water through a pool cover or by surrounding the pool with a fence. This requirement is not met as evidenced by:
	Deficient Practice Statement
1 2 3 4	Based on observation and interview, the licensee did not comply with the section cited above. Today, LPA's Ocegueda and Alvarez observed that there was no pool gate outside the living room exit (two sets of French doors). There were also 5 opening windows. Licensee had a broken baby gate today which made the living room area exits accessible. In addition, during interview, licensee stated that before our arrival, she had the french door open for air circulation. There is a mesh screen door that was unlocked. During inspection of the pool area, the French door was unlocked. While inspecting the rod iron gate that partially encloses the pool, there was a section that was approximately 6 inches in width between the rod iron and the wood fence. This poses an immediate health, safety or personal rights risk to persons in care. A 500.00 immediate civil penalty was assessed today.
	POC Due Date: 10/12/2022
	Plan of Correction
1 2 3 4	Today, Licensee confirmed the observation and stated she had the mesh fencing but had not been able to install it. The mesh fence was observed to be in boxes. LPA Alvarez reviewed the requirements for pool fence instation and Title 22 requirements. Licensee stated she understood the requirement. Licensee stated that she would install the pool fence by tomorrow 10/12/2022 and submit proof to the Department. A copy of written pool regulations was provided to licensee. LPA will conduct a return inspection to ensure the pool gate is installed correctly.

Type A

Section Cited

CCR

102370(d)

Criminal Record Clearance

(d) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing or volunteering in a licensed facility: This requirement is not met as evidenced by:
	Deficient Practice Statement
1 2 3 4	Based on record review and interview, the licensee did not comply with the section cited above. Today, licensee stated that adult #2 moved into the home recently but was not fingerprint cleared. The facility roster LIS 531 and Guardian printed Roster also did not show adult #2 was not fingerprint cleared. Per licensee adult #2 moved in around 9/23/2022. This poses an immediate health, safety or personal rights risk to persons in care. A 500.00 civil penalty was assessed today.
	POC Due Date: 10/12/2022
	Plan of Correction
1 2 3 4	Today, licensee stated she would be making an appointment for adult #2 to get fingerprint cleared. Licensee will have adult #2 live with someone else while the process of fingerprint clearance is complete and adult #2 is cleared. Today, LPA's observed adult #2 leave the home. LPA provided a Livescan form for adult #2 to use.

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: Ruby Ocegueda	TELEPHONE: (559) 341-5808
LICENSING EVALUATOR SIGNATURE:	DATE: 10/11/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/11/2022

LIC809 (FAS) - (06/04)

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Document Has Been Signed on 10/11/2022 02:31 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
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: BERMUDEZ, MARIA FAMILY CHILD CARE	FACILITY NUMBER: 543909145
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/11/2022

DEFICIENCIES & PLANS OF CORRECTION (POCs)

Type B

Section Cited

HSC

1597.543

Licensure Requirements

Every family day care home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 Division 12. The department shall account for the presence of these detectors during inspections. This requirement is not met as evidenced by:
	Deficient Practice Statement
1 2 3 4	Based on observation, the licensee did not comply with the section cited above. Today, LPA's Alvarez and Ocegueda observed that there was no carbon monoxide detector. Licensee stated she would have one installed. This is a potential health, safety or personal rights risk to persons in care.
	POC Due Date: 10/25/2022
	Plan of Correction
1 2 3 4	Licensee stated she would obtain a functioning carbon monoxide detector. Proof of Correction will be submitted to Department by POC date 10/25/2022.

Type B

Section Cited

CCR

102417(g)(4)

Operation of A Family Child Care Home

(g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (4) 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. This requirement is not met as evidenced by:
	Deficient Practice Statement
1 2 3 4	Based on observation, the licensee did not comply with the section cited above. In the accessible kitchen there was a pizza cutter and two pairs of scissors in accessible drawers. On the counter there was Ajax cleaner, prescription medication and a spray can of sun screen. In the day care room there was accessible baby power and rash ointment that had directives stating "keep out of reach of children" on the safety label. This poses a potential health, safety or personal rights risk to persons in care.
	POC Due Date: 10/11/2022
	Plan of Correction
1 2 3 4	Today, Licensee removed these items from the accessible kitchen drawers and removed the powder and diaper ointment and placed them in inaccessible areas today. Licensee also placed a functioning baby gate making the kitchen inaccessible.

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: Ruby Ocegueda	TELEPHONE: (559) 341-5808
LICENSING EVALUATOR SIGNATURE:	DATE: 10/11/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/11/2022

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
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: BERMUDEZ, MARIA FAMILY CHILD CARE	FACILITY NUMBER: 543909145
	VISIT DATE: 10/11/2022

NARRATIVE

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There is a working fire extinguisher, and smoke detector. The carbon monoxide detector was not present today. Licensee stated they had recently removed it and could not locate it in her home today. There are no stairs in this home. Safe toys and play equipment are observed. The home has working telephone service and LPA confirmed the phone number is (559) 781-4214.

LPA discussed Safe Sleep Regulations with licensee. Infants over 18 months are sleeping on cots today. LPA reviewed the requirements for infants to sleep in a crib or play yard as long as they could not climb out of one. Infants are not swaddled while in care. LPA reviewed the requirement for provider to physically checks on sleeping infants every fifteen minutes and documents any signs of distress which includes but is not limited to flushed skin color, increase in body temperature, restlessness and labored breathing. This requirement should be done and logged until 24 months of age. Infants can be visually observed through an open door if sleeping in a separate room. Individual Infant Sleeping Plan is completed and in file for each infant up to 12 months of age. Infants up to 12 months of age are placed on their backs for sleeping.

Licensee ensures that children in care are supervised at all times and is aware children shall not be left in parked vehicles. Car seats are used for transportation purposes only and are not used for sleeping children. The outdoor play area in the backyard is fenced and was inspected. Capacity as specified on the license is being maintained.
LPA reviewed a sample of children’s files and observed files were complete with emergency information as required. Licensee’s Mandated Reporter Training was completed on 3/2019 and was expired today. Licensee’s pediatric CPR/First Aid expires on 2/5/2023. A review of records indicates that all employees and/or volunteers have immunization records on file for influenza, pertussis and measles.

Today, it was confirmed through record review and interview that adult #2 moved into the home on or about 9/23/2022 and did not have a criminal record clearance. Today, adult #2 left the home and per licensee, went to live with a relative.

Report continued to 809-C

SUPERVISOR'S NAME: Susie Fanning	TELEPHONE: (559) 650-7890
LICENSING EVALUATOR NAME: Ruby Ocegueda	TELEPHONE: (559) 341-5808
LICENSING EVALUATOR SIGNATURE:	DATE: 10/11/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/11/2022

LIC809 (FAS) - (06/04)

Page: 7 of 9

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: BERMUDEZ, MARIA FAMILY CHILD CARE	FACILITY NUMBER: 543909145
	VISIT DATE: 10/11/2022

NARRATIVE

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Incidental Medical Services (IMS) are not currently being provided. Licensee is aware that an IMS plan is required to be submitted to the licensing office if they provide any of these services. Information regarding Americans with Disability Act (ADA) can be obtained by contacting US Department of Justice toll free ADA Information line at (800) 514-0301(voice), (800) 514-0383 (TDD) and website link https://www.ada.gov/childqanda.htm.

LPA and Licensee discussed the Community Care Licensing website www.ccld.ca.gov which will provide access to Provider Information Notices (PINs), Quarterly Updates, COVID-19 Information and Resources, Mandated Reporter Training, Safe Sleep in Child Care, Lead Poisoning Facts, Forms and Regulations.

Per Title 22, Division 12, Chapter 3, of the California Code of Regulations, the following deficiencies being cited: (see next page, 809 D). Two separate 500.00 dollar civil penalties were assessed today. Licensee was provided a copy of appeal rights.

Upon receipt of a Type A violation, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. A copy of LIC 9224 was given to licensee.

This report shall be made available to the public upon request. LIC 9213 Notice of Site Visit is provided and required to be posted for 30 days.

SUPERVISOR'S NAME: Susie Fanning	TELEPHONE: (559) 650-7890
LICENSING EVALUATOR NAME: Ruby Ocegueda	TELEPHONE: (559) 341-5808
LICENSING EVALUATOR SIGNATURE:	DATE: 10/11/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/11/2022

LIC809 (FAS) - (06/04)

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