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32 | Allegation regarding-Licensee is not present 80% of the time. According to the RP, Laura Diaz is the licensee for Romero Family Child Care Home (FCCH); however, they only met her once. RP stated that all communication was conducted via text message with Laura. Per RP, it was observed that during pick up and drop off there was always an AM or PM teacher; however, the licensee was not present. Laura Diaz is not the licensee for Romero FCCH; however, she has a licensed day care Diaz FCCH #198014422. Jose Romero is the licensee for Romero FCCH; however, there were at least two occasions that he was not in the facility and was observed to be present at Diaz FCCH. RP did not recognize Jose Romero as the licensee. Two separate licensing inspections dated 07/02/24 and 11/07/24, reflect that the licensee was present providing care and supervision at Diaz FCCH. LPA observed that the report dated 07/02/24, identifies the licensee as an assistant for Diaz FCCH. According to the licensee, he has been present at Diaz FCCH assisting Laura. According to the licensee, at the beginning there were no children enrolled so he would go over to Diaz FCCH. Also, licensee acknowledged being present at Diaz FCCH on 07/02 because children were going to graduate, and he wanted to be a part of it. On 11/07, the licensee was observed at Diaz FCCH, while (2) staff were left alone with children in care at Romero FCCH. Licensee was observed at Diaz FCCH from 09:30am through 04:00pm. Per licensee, he was at Diaz FCCH seeking assistance. LPA discussed with the licensee that he must be present in the home and shall ensure that children in care are supervised at all times. LPA also advised the licensee that he must be in the home 80% of the day and absences cannot exceed 20% of the operation hours per day. If the licensee needs to be absent at least 20%, he must ensure that a qualified staff is present. LPA also discussed with the licensee that he cannot be present at Diaz FCCH.
Based on licensing reports, and licensee's admission, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1, the following deficiencies are being cited (see attached 9099D).
Upon receipt, the Licensee shall post the “D” page of the Licensing report. This page shall be posted for 30 consecutive days. Failure to maintain posting as required will result in a $100 civil penalty. A copy of this report shall be provided to the parents/guardians of the children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parents/guardians of any children newly enrolled at the facility for the next 12 months. The LIC 9224 Acknowledgement of Receipt of Licensing Reports must be maintained in each child's file immediately upon receipt from the parent. LPA provided Licensee with a blank copy of the LIC 9224 Acknowledgement of Receipt of Licensing Report.
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