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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 153911304
Report Date: 03/14/2022
Date Signed: 03/14/2022 11:06:43 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 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
03/01/2022 and conducted by Evaluator Caroline Harris
PUBLIC
COMPLAINT CONTROL NUMBER: 04-CC-20220301163157
FACILITY NAME:ARGUELLO, ESBEYDY FAMILY CHILD CAREFACILITY NUMBER:
153911304
ADMINISTRATOR:FACILITY TYPE:
810
ADDRESS:TELEPHONE:
CITY:STATE: ZIP CODE:
CAPACITY:8CENSUS: 3DATE:
03/14/2022
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Esbeydy ArguelloTIME COMPLETED:
11:30 AM
ALLEGATION(S):
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Uncleared adults

Licensee failed to provide a safe environment for children in care
INVESTIGATION FINDINGS:
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On 3/14/22 an unannounced complaint inspection was conducted today by Licensing Program Analyst (LPA) Caroline Harris. LPA met with licensee, Esbeydy Arguello and a census was taken. LPA reviewed the above listed allegations with the licensee. The purpose of today’s visit was to close the complaint investigation. The investigation consisted of interviews with the licensee, parents, as well as a facility records review and gathered documents.

The investigation revealed that the licensee is not following Safe Sleep guidelines by having an infant sleep in a rocker, or by holding the infant, instead of placing them directly in the assigned pack and play, and another infant asleep with a blanket. The licensee also had one adult assistant at the home during day care hours, that was not fingerprint cleared. The investigation revealed that the licensee’s mother, Sandra Arguello was helping watch children while the licensee picked up or dropped off other children at the school.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Alice Juarez
LICENSING EVALUATOR NAME: Caroline Harris
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2022
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 4
Control Number 04-CC-20220301163157
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: ARGUELLO, ESBEYDY FAMILY CHILD CARE
FACILITY NUMBER: 153911304
VISIT DATE: 03/14/2022
NARRATIVE
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Based upon information gathered and interviews conducted, the preponderance of the evidence standard has been met, therefore the above allegations are found to be substantiated. California Code of Regulations, Title 22, Division 12, Chapter 3, are being cited on the attached LIC 9099-D.

LPA, Harris informed the licensee, Esbeydy Arguello that this report dated 3/14/22 documents 1 Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Also, LPA Harris informed the licensee to provide a copy of this licensing report dated 3/14/22 that documents any Type A citations 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. A copy of the Fact Sheet - Child Care Parent Notification Requirements and a copy of LIC 9224 was given to licensee.

An exit interview was conducted with licensee, Esbeydy Arguello. A copy of this report along with appeal rights were provided to the licensee. A Notice of Site Visit was also provided to the licensee which is required to be posted for 30 days.
SUPERVISORS NAME: Alice Juarez
LICENSING EVALUATOR NAME: Caroline Harris
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 04-CC-20220301163157
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: ARGUELLO, ESBEYDY FAMILY CHILD CARE
FACILITY NUMBER: 153911304
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/14/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
03/28/2022
Section Cited
CCR
102423(a)(2)
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Personal Rights; To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement was not met as evidenced by: the licensee not following Safe Sleep guidelines by having an infant sleep in a rocker,
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The licensee agrees to immediately implement safe sleep practices Licensee to complete the safe sleep online training and to submit a written statement describing safe sleep procedures for infants by 3/28/22.
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or by holding the infant, instead of placing them directly in the assigned pack and play, and another infant asleep with a blanket. This poses a possible risk to the health, safety, or personal rights of children.
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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: Alice Juarez
LICENSING EVALUATOR NAME: Caroline Harris
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 4
Control Number 04-CC-20220301163157
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: ARGUELLO, ESBEYDY FAMILY CHILD CARE
FACILITY NUMBER: 153911304
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/14/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/14/2022
Section Cited
CCR
102370(d)(1)
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Criminal Record Clearance. All individuals subject to a criminal record review as specified in H&S Section 1596.871 prior to working, residing or volunteering in a licensed home, shall obtain a California clearance or a criminal record exemption.
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The licensee understands that there can not be any adults present in the home during day care hours, until they are fingerprint cleared or have a clear exemption and are associated with her facility and fully qualified.
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This requirement was not met as evidenced by information further described on the 9099 report. Therefore, a $100.00 civil penalty is assessed ($100.00 per violation per day for a maximum of five days by the Department). This is an immediate risk to the health, safety or 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: Alice Juarez
LICENSING EVALUATOR NAME: Caroline Harris
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 4