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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 100406442
Report Date: 10/18/2023
Date Signed: 10/18/2023 10:44:23 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO-CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
This is an official report of an unannounced visit/investigation of a complaint received in our office on
09/15/2023 and conducted by Evaluator Martha DeHaro
PUBLIC
COMPLAINT CONTROL NUMBER: 04-CC-20230915163101
FACILITY NAME:FUSD-WINCHELLFACILITY NUMBER:
100406442
ADMINISTRATOR:MADDEN, KATHERINEFACILITY TYPE:
850
ADDRESS:3722 E. LOWETELEPHONE:
(559) 457-3690
CITY:FRESNOSTATE: CAZIP CODE:
93702
CAPACITY:44CENSUS: 13DATE:
10/18/2023
UNANNOUNCEDTIME BEGAN:
10:00 AM
MET WITH:Jandalynn GutierrezTIME COMPLETED:
10:45 AM
ALLEGATION(S):
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Staff member hit child in care.
INVESTIGATION FINDINGS:
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On 10/18/2023, Licensing Program Analyst (LPA) Martha De Haro conducted an unannounced complaint inspection to provide findings regarding the above allegation. LPA met with Teacher Jandalynn Gutierrez, toured the facility, and took a census. LPA explained and discussed the allegation and findings with Ms. Gutierrez.

LPA investigated the above allegation. During the investigation, LPA interviewed staff, conducted facility observations, and reviewed and obtained facility records. During interviews with staff, it was revealed that a contracted employee from an outside agency, which was hired to provide services to students in the classroom, aggressively handled a child during classroom hours. Based upon information gathered through interviews and facility records, the preponderance evidence standard has been met, therefore, the above listed allegation is found to be SUBSTANTIATED.

(Continued on LIC 9099-C)
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Rene Mancinas
LICENSING EVALUATOR NAME: Martha DeHaro
LICENSING EVALUATOR SIGNATURE:

DATE: 10/18/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/18/2023
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 3
Control Number 04-CC-20230915163101
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO-CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: FUSD-WINCHELL
FACILITY NUMBER: 100406442
VISIT DATE: 10/18/2023
NARRATIVE
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Per California Code of Regulations Title 22 Division 12, Chapter 1, of the California Code of Regulations, the following deficiency is being cited (see LIC 9099-D).

An exit interview was conducted with Teacher Ms. Gutierrez. A copy of this report and Appeal Rights were provided and discussed with Ms. Gutierrez. Notice of Site Visit to be posted for 30 days.
SUPERVISORS NAME: Rene Mancinas
LICENSING EVALUATOR NAME: Martha DeHaro
LICENSING EVALUATOR SIGNATURE:

DATE: 10/18/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/18/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 04-CC-20230915163101
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO-CC, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: FUSD-WINCHELL
FACILITY NUMBER: 100406442
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/18/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
10/18/2023
Section Cited
CCR
101223(a)(3)
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101223(a)(3) Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights:(3) To be free from corporal or unusual punishment, infliction of pain . . . including eating, sleeping or toileting; or withholding of shelter, clothing, medications or aids to physical functioning.
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The facility took appropriate measures by dismissing the outside employee and not allowing that employee to continue to work at any FUSD preschool facility. Facility completed a training with staff on Child Care Reporting Requirements on 09/19/2023 and submitted proof of the training/attendance for all preschool staff.
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This requirement was not met as evidenced through interviews with staff, which indicated that a contracted employee from an outside agency aggressively handled a child during classroom hours. This poses a potential risk to the health, safety, and personal rights of 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: Rene Mancinas
LICENSING EVALUATOR NAME: Martha DeHaro
LICENSING EVALUATOR SIGNATURE:

DATE: 10/18/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/18/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3