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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 243808724
Report Date: 01/05/2023
Date Signed: 01/05/2023 11:35:23 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
12/05/2022 and conducted by Evaluator Ka Vang
PUBLIC
COMPLAINT CONTROL NUMBER: 04-CC-20221205130658
FACILITY NAME:BUHACH PRESCHOOLFACILITY NUMBER:
243808724
ADMINISTRATOR:GAMA, JUANFACILITY TYPE:
850
ADDRESS:2606 N. BUHACH ROADTELEPHONE:
(209) 489-2008
CITY:ATWATERSTATE: CAZIP CODE:
95301
CAPACITY:89CENSUS: 18DATE:
01/05/2023
UNANNOUNCEDTIME BEGAN:
09:10 AM
MET WITH:Andrea Ceja Martinez & Roberta Heredia TIME COMPLETED:
11:40 AM
ALLEGATION(S):
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Facility staff threw water at a day care child's face.
INVESTIGATION FINDINGS:
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On 01/05/2023, Licensing Program Analyst (LPA) Ka Vang arrived at the facility to conduct an unannounced follow-up inspection to conclude the complaint investigation that initiated on 12/08/2022. LP met with Supervisor Roberta Heredia and Site Supervisor Andrea Ceja Martinez to discussed the finding of the investigation. A tour of the facility was conducted both inside and outside of the facility. Census was taken.

During the course of the investigation, LPA obtained documentation relevance to the investigation, interviewed facility staff, day care children and other who had knowledge of the allegation. It was determinate that Ref #1 threw water at Ref #2 during recess break in the daycare playground.

Based on the interview and information attained during the investigation, there is a preponderance evidence that a facility staff threw water at a day care child’s face. Based on the above information, the allegation is found to be SUBSTANTIATED.

(Continued on LIC9099-C).
Substantiated
Estimated Days of Completion: 0
SUPERVISORS NAME: Michael Duarte
LICENSING EVALUATOR NAME: Ka Vang
LICENSING EVALUATOR SIGNATURE:

DATE: 01/05/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/05/2023
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-20221205130658
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: BUHACH PRESCHOOL
FACILITY NUMBER: 243808724
VISIT DATE: 01/05/2023
NARRATIVE
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Per California Code of Regulations, Title 22, Division 12, Chapter 1, the following deficiency is being cited. See the attached LIC 9099D, see next page.

A Notice of Site Visit Form (LIC 9213) is required to post for 30 days. Exit interview conducted and report was reviewed with Supervisor Roberta Heredia and Site Supervisor Andrea Ceja Martinez.
SUPERVISORS NAME: Michael Duarte
LICENSING EVALUATOR NAME: Ka Vang
LICENSING EVALUATOR SIGNATURE:

DATE: 01/05/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/05/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 04-CC-20221205130658
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: BUHACH PRESCHOOL
FACILITY NUMBER: 243808724
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/05/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
01/20/2023
Section Cited
CCR
101223(a)(3)
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101223 Personal Rights. (a) The licensee shall ensure that each child is accorded the following personal rights: (3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.
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Per Supervisor, a training will be conducted to all staff regarding positive disciple children and facility will put in place a policy and procedure of how to ensure that children are safe at the facility. Supervisor agree to submit proof of the policy and procedure and copy of the training including staff attendance and date of the training to Community Care Licensing-Fresno Office by 01/20/2023.
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Based on observation and interview, it was determinate that Ref #1 threw water at Ref #2 during recess break in the daycare playground. Ref. #1 also used the electric leaf blower (HART 40v) to blow leaves and other debris toward daycare children during recess which posed a health, safety, or personal rights risk to 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: Michael Duarte
LICENSING EVALUATOR NAME: Ka Vang
LICENSING EVALUATOR SIGNATURE:

DATE: 01/05/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/05/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3