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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 013423434
Report Date: 12/19/2024
Date Signed: 12/19/2024 11:41:14 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/21/2024 and conducted by Evaluator Lorraine Dacanay-Breaux
COMPLAINT CONTROL NUMBER: 52-CC-20241121130416
FACILITY NAME:BERRY, MARIE LINDAFACILITY NUMBER:
013423434
ADMINISTRATOR:BERRY, MARIE LINDAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(925) 750-7680
CITY:PLEASANTONSTATE: CAZIP CODE:
94588
CAPACITY:14CENSUS: 7DATE:
12/19/2024
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Linda Marie Berry TIME COMPLETED:
12:10 PM
ALLEGATION(S):
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Other - Licensee does not live in the home
INVESTIGATION FINDINGS:
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On 12/19/2024, Licensing Program Analyst (LPA) Lorraine Dacanay Breaux arrived to the facility unannounced to conclude investigation into the above allegation. LPA met with Licensee, Linda Marie Berry. Also present during today's visit was one (1) additional fingerprint cleared staff members and seven (7) preschool aged children.

During the course of the investigation LPA made observations and conducted interviews. Based on interviews, the preponderance of evident standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 Chapter 1, Article 1, 102352(f)(1) is being sited as a Type B violation, (see 9099D).

A notice of site visit was provided. Appeal Rights Provided. An exit interview and report reviewed with licensee, Linda Marie Berry.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: Lorraine Dacanay-Breaux
LICENSING EVALUATOR SIGNATURE:

DATE: 12/19/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/19/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 7
Control Number 52-CC-20241121130416
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: BERRY, MARIE LINDA
FACILITY NUMBER: 013423434
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/19/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
12/27/2024
Section Cited
CCR
102352(f)(1)
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Family Day Care" or "Family Child Care" means regularly provided care, protection and supervision of children, in the care giver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away.
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Licensee moved back into the home on 06/04/24. Licensee shall review the regulation and submit a declaration to CCLD stating that she has read and understands the regulation by 12/27/2024.
Licensee shall ensure she is present at the home at least 80 percent of the operating hours.
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This requirement was not met as evidenced by: Based on several interviews and licensee confirmed, the licensee lived at another location as of 10/2023 this location was at least 1.5 hours away and licensee was not present in the facility at least 80% of the time, and the assistants are caring for the children in care the majority of the time which poses a potential health and safety risk to children in care.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: Lorraine Dacanay-Breaux
LICENSING EVALUATOR SIGNATURE:

DATE: 12/19/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/19/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 7
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/21/2024 and conducted by Evaluator Lorraine Dacanay-Breaux
COMPLAINT CONTROL NUMBER: 52-CC-20241121130416

FACILITY NAME:BERRY, MARIE LINDAFACILITY NUMBER:
013423434
ADMINISTRATOR:BERRY, MARIE LINDAFACILITY TYPE:
810
ADDRESS:3681 SHENANDOAH CT.TELEPHONE:
(925) 750-7680
CITY:PLEASANTONSTATE: CAZIP CODE:
94588
CAPACITY:14CENSUS: 7DATE:
12/19/2024
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Linda Marie Berry TIME COMPLETED:
12:10 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Other- Licensee does not spend a sufficient amount of time in the home managing the daily operations of the childcare
INVESTIGATION FINDINGS:
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13
On 12/19/2024, Licensing Program Analyst (LPA) Lorraine Dacanay Breaux arrived to the facility unannounced to conclude investigation into the above allegation. LPA met with Licensee, Linda Marie Berry. Also present during today's visit was one (1) additional fingerprint cleared staff members and seven (7) preschool aged children.

During the course of the investigation LPA made observations and conducted interviews. Based on interviews, the preponderance of evident standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, DIvision 12 Chapter 1 Article 06 section 102417(a) is being sited as a Type B violation, (see 9099D).

A notice of site visit was provided. Appeal Rights Provided. An exit interview and report reviewed with licensee, Linda Marie Berry.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: Lorraine Dacanay-Breaux
LICENSING EVALUATOR SIGNATURE:

DATE: 12/19/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/19/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 52-CC-20241121130416
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: BERRY, MARIE LINDA
FACILITY NUMBER: 013423434
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/19/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
12/27/2024
Section Cited
CCR
102417(a)
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(a)The licensee shall be present in the home and shall ensure that children in care are supervised at all times. When circumstances require the licensee to be temporarily absent from the home, the licensee shall arrange for a substitute adult to care for and supervise the children during his/her absence. Temporary absences shall not exceed 20 percent of the hours that the facility is providing care per day.
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Licensee is to ensure she is present at the facility per regulation. Licensee will watch the Supervising Children in Family Child Care video on ccld.childcarevideos.org. A signed statement acknowledging the understanding of this regulation to be submitted to LPA no later than 12/27/2024 via email.
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This requirement was not met as evidenced by:Based on several interviews, the licensee was not present in the facility at least 80% of the time from 10/23-06/24, and her assistants are caring for the children in care the majority of the time which poses a potential health and safety risk to children in care.
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LPA email:
Lorraine.Dacanay-Breaux@dss.ca.gov

Failure to correct will result in a $100 per day civil penalty until corrected. Repeat violations are $250 per violation and $100 per day until corrected.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: Lorraine Dacanay-Breaux
LICENSING EVALUATOR SIGNATURE:

DATE: 12/19/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/19/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 7