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however, licensee stated she erases all of her text messages, including the text from the landlord with the LIC 9149. This interview was conducted in Spanish. Licensee submitted a signed LIC 855 Declaration attesting to her statements regarding the LIC 9149 to LPAs.
Licensee has been a licensed childcare provider since 2004 with a license for a large family childcare home since 2019. Licensee applied for a Change of Location on 4/1/2022. Upon processing the application, LPA Casillas requested the LIC 9149 from Licensee on 4/13/2022 via telephone and email. On 4/15/2022, LPA Casillas sent an email to the Licensee with information about the following: capacity for family child care homes with or without landlord consent, a PDF of the “Provider-Tenant Family Childcare Provider Guide” by Public Counsel, and contact information for Public Counsel. LPA Casillas reviewed the LIC 9149 on 4/20/2022, which was sent to the Regional Office by the Licensee via postal mail. On 5/11/2022, LPA Casillas and Licensing Program Manager (LPM) Maureen Neal made contact with the landlord who stated she did not grant consent or sign the LIC 9149 for the Licensee to care for two additional children. It is the responsibility of the Licensee to retain the original LIC 9149 form at the facility and post this form next to the facility license. Given that Licensee does not have an original LIC 9149 Landlord Consent form, the facility is restricted to a capacity of 12 children.
Based on observation, record review, and interviews with relevant parties conducted throughout the investigation, there a preponderance of evidence to prove the alleged violation did occur. Therefore, the allegation is SUBSTANTIATED. LPA Casillas issued two Type B deficiency citations during today's inspection (see LIC 9099-D for details).
An exit interview was conducted and a copy of this report along with the Notice of Site Visit and Appeal Rights were provided to Licensee, Irma Castillo. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
05/20/2022
Section Cited
CCR
102417(q)(1) | 1
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7 | 102417 Operation of a Family Child Care Home (q) A licensee...shall obtain the written consent of the property owner/landlord to increase the home's capacity to...14 children. (1) The licensee shall maintain the original of the completed and signed LIC 9149... This requirement was not met as evidenced by: | 1
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7 | The facility license will be restricted to a capacity of 12 children. |
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14 | Based on record review, observation and interviews, the Licensee did not ensure to obtain consent from the landlord nor maintain the original completed and signed LIC 9149, which poses a potential health, safety, or personal rights risk to children in care. | 8
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14 |  |
Type B
05/20/2022
Section Cited
CCR
102402(a)(3) | 1
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7 | 102402 Revocation or Suspension of a License or Registration (a) The Department shall have the authority to suspend or revoke any license...(3)Conduct...is inimical to the health, morals, welfare, or safety of... receiving services from the facility...This requirement was not met as evidenced by: | 1
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7 | Licensee agrees to retake the orienation for family child care homes by 5/27/2022. Licensee will submit a certification of completion to the Department by 6/3/2022 via postal mail and email. |
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14 | Based on interviews and record review, Licensee admitted to forging the landlord's signature on the LIC 9149 Landlord Consent form submitted to the Department, which poses a potential health, safety, or personal rights risk to children in care. | 8
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14 |  |