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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 136610561
Report Date: 04/22/2022
Date Signed: 04/22/2022 05:10:06 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108
This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/12/2022 and conducted by Evaluator Michelle Hood
PUBLIC
COMPLAINT CONTROL NUMBER: 20-CC-20220412105915
FACILITY NAME:HERNANDEZ, JANET FAMILY CHILD CAREFACILITY NUMBER:
136610561
ADMINISTRATOR:FACILITY TYPE:
810
ADDRESS:TELEPHONE:
CITY:STATE: ZIP CODE:
CAPACITY:8CENSUS: 0DATE:
04/22/2022
UNANNOUNCEDTIME BEGAN:
12:15 PM
MET WITH:Janet Hernandez, LicenseeTIME COMPLETED:
01:45 PM
ALLEGATION(S):
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The yard is cluttered with garbage.
There is no fence around the pool.
INVESTIGATION FINDINGS:
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On 04/22/2022 at 12:15 pm, Licensing Program Analyst (LPA) Michelle Hood conducted an video-conference unannounced 10-day complaint inspection via Facetime regarding the above allegations, due to the COVID-19 outbreak, with licensee Janet Hernandez. The licensee was home with her six minor children during the inspection.

During the tour of the facility, LPA observed an unstable above-ground pool filled with water without the proper fencing in the facility's backyard. The pool ladder was inside the pool. LPA observed trash, and other items around the pool and throughout the back and front yard of the facility.

The preponderance of evidence standard has been met, therefore the allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 3, are being cited on the attached LIC 9099D.

Also, LPA Hood informed the licensee to provide a copy of this licensing report dated 04/22/2022 that documents any Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

The licensee, Janet Hernandez will be e-mailed her appeal rights (LIC9058 01/16) and licensing report. The licensee will reply to the e-mail within twenty-four hours. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. An exit interview was conducted with licensee Janet Hernandez.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Cynthia Gray
LICENSING EVALUATOR NAME: Michelle Hood
LICENSING EVALUATOR SIGNATURE:

DATE: 04/22/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/22/2022
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 20-CC-20220412105915
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR., STE 110
SAN DIEGO, CA 92108

FACILITY NAME: HERNANDEZ, JANET FAMILY CHILD CARE
FACILITY NUMBER: 136610561
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/22/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
04/25/2022
Section Cited
CCR
102417(5)(B)
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102417(5)(B)All licensees shall ensure the inaccessibility of pools (in-ground and above-ground)... similar bodies of water through a pool cover or by surrounding the pool with a fence. Where an above-ground pool structure is used as the fence or where the fence is mounted on top of the pool structure, the pool shall be made inaccessible when not in use by removing or making the ladder inaccessible or erecting a barricade to prevent access to decking. If a barricade is used, the barricade shall meet the requirements of Section 102417(g)(5)(A). This requirement was not met by evidence:
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The licensee stated she will have the pool drained by 04/25/2022. The licensee will provide the LPA pictures as proof.
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Based on the observation made by the LPA. The above ground pool was not fenced, or have the proper covering. This poses an immediate health and safety risk to children in care.
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Type B
05/20/2022
Section Cited
CCR
102417(b)
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102417 Operation of a Family Child Care Home. The home shall be kept clean and orderly, with heating and ventilation for safety and comfort. This requirement was not met by evidence: Based on the observation made by the LPA. The facility back yard had trash throughout the backyard and around above pool.
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The licensee stated she will have the backyard cleaned no later than 05/20/2022. The licensee will provide the LPA pictures.
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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: Cynthia Gray
LICENSING EVALUATOR NAME: Michelle Hood
LICENSING EVALUATOR SIGNATURE:

DATE: 04/22/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/22/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 3