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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 103809946
Report Date: 09/09/2025
Date Signed: 09/09/2025 02:38:03 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 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
08/06/2025 and conducted by Evaluator Miguel Herrera
PUBLIC
COMPLAINT CONTROL NUMBER: 04-CC-20250806084536
FACILITY NAME:GRAVES, MARCELLA FAMILY CHILD CAREFACILITY NUMBER:
103809946
ADMINISTRATOR:GRAVES, MARCELLAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(559) 494-0744
CITY:FRESNOSTATE: CAZIP CODE:
93728
CAPACITY:14CENSUS: 4DATE:
09/09/2025
UNANNOUNCEDTIME BEGAN:
12:29 PM
MET WITH:Marcella GravesTIME COMPLETED:
02:50 PM
ALLEGATION(S):
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Licensee is operating over capacity.
INVESTIGATION FINDINGS:
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On September 09, 2025, Licensing Program Analyst (LPA) Miguel Herrera conducted an unannounced inspection to conclude the complaint investigation that was submitted on 08/06/2025. LPA met with Licensee, Marcella Graves and explained the purpose of the inspection and delivered investigation findings. A tour of the facility was conducted, and a census was taken. During the course of the investigation, LPA Herrera obtained alternative payment program's attendance logs and reviewed pertinent records, conducted interviews, and made facility observations.

The complaint allegation was pertaining to the licensee operating over capacity. Upon review of Licensee Graves’ day-care schedule LPA Herrera determined that the facility had two sessions, a daytime and nighttime session. Per the schedule reviewed, the daytime session had 13 children enrolled and the nighttime session had 12 children enrolled. Based on the information provided LPA Herrera observed that the two sessions overlapped, as the daytime session's schedule is from 6:00am - 5:30pm, and the nighttime schedule is from 2pm to 7am (the next day). The nightime and daytime schedules varied depending on children schedules.
Continued on 9099-C.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Jose Penate
LICENSING EVALUATOR NAME: Miguel Herrera
LICENSING EVALUATOR SIGNATURE:

DATE: 09/09/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/09/2025
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-20250806084536
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: GRAVES, MARCELLA FAMILY CHILD CARE
FACILITY NUMBER: 103809946
VISIT DATE: 09/09/2025
NARRATIVE
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Furthermore, LPA Herrera cross-referenced the day-care’s schedule with the alternative payment program attendance logs. Based on the records reviewed, LPA Herrera observed the facility operating out of capacity for several days during the month of July 2025, and LPA Herrera determined that Licensee Graves had 24 children enrolled for the month of July.

Based on the attendance logs reviewed, on July 2, 2025, LPA Herrera observed that Licensee Graves cared for up 18 children and was operating out capacity several times throughout the day. LPA Herrera also observed that on July 9, 2025, Licensee Lopez cared for up to 18 children and was operating out of capacity several times throughout the day. Per the attendance logs reviewed, on July 16, 2025, Licensee Graves cared for up to 18 children and operated out of capacity several times throughout the day.

Based on interviews, pertinent records obtained and reviewed during the course of the investigation, it was determined that there is a preponderance of the evidence to prove that this facility was operating out of capacity; therefore, the allegation is substantiated.

Per California Code of Regulations, Title 22, Division 12, Chapter 3, a type A deficiency is being cited during today's inspection (see LIC 809-D). An exit interview was conducted with Licensee Marcella Graves and licensee was provided with 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 the Fact Sheet - Child Care Parent Notification Requirements and a copy of LIC 9224 Acknowledgement of Receipt of Licensing Reports was given to Licensee, Marcella Graves. Per Licensee, Marcella Graves a completed signed copy of the LIC 9224 will be placed in each child's file.

SUPERVISORS NAME: Jose Penate
LICENSING EVALUATOR NAME: Miguel Herrera
LICENSING EVALUATOR SIGNATURE:

DATE: 09/09/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/09/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 04-CC-20250806084536
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: GRAVES, MARCELLA FAMILY CHILD CARE
FACILITY NUMBER: 103809946
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/09/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/10/2025
Section Cited
CCR
102416.5(f)
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Staffing Ratio and Capacity. The capacity specified on the license shall be the maximum number of children for whom care may be provided at any one time. The total licensed capacity for a Large Family Child Care Home shall not exceed 14 children.
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Licensee states that children returned to school therefore she no longer cares for more children than her allowable capacity. Licensee Graves will submit a statement indicating that she will not care for more than 14 children at a time. Additionally, Licensee will inform parents that she will not be able to care for his/her child, if capacity is met on that day.
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This requirement was not met as evidenced by:
The licensee operated out of capacity on 07/02/2025, 07/09/2025, and 07/16/2025, as demonstrated on the attendance records. This is an immidiate risk to the health, safety, or personal rights of children in care.
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Furthermore Licensee will watch CCLD's "How Many Children Can Attend a Family Child Care Home" video and will provide a written statement by the end of the day on 09/10/2025 via text or email.
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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: Jose Penate
LICENSING EVALUATOR NAME: Miguel Herrera
LICENSING EVALUATOR SIGNATURE:

DATE: 09/09/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/09/2025
LIC9099 (FAS) - (06/04)
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