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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 243808724
Report Date: 06/02/2025
Date Signed: 06/02/2025 04:30:43 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 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
03/13/2025 and conducted by Evaluator Miguel Herrera
PUBLIC
COMPLAINT CONTROL NUMBER: 04-CC-20250313140727
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: 62DATE:
06/02/2025
UNANNOUNCEDTIME BEGAN:
09:15 AM
MET WITH:Andrea Ceja MartinezTIME COMPLETED:
12:00 PM
ALLEGATION(S):
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Staff are operating out of ratio.
Unqualified staff are supervising children.
Staff left child unsupervised.
Staff did not report incident to child's authorized representative.
Staff inappropriately handled a child in care.
Staff are commingling children in care.
INVESTIGATION FINDINGS:
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On June 02, 2025, Licensing Program Analysts (LPAs) Miguel Herrera and Ka Vang conducted an unannounced inspection to conclude the complaint investigation that was submitted on 03/13/2025. LPAs met with Director, Andrea Ceja Martinez and explained the purpose of the inspection and delivered investigation findings. A tour of the facility was conducted, and a census was taken. During the course of the investigation, LPAs obtained & reviewed records, conducted interviews, and made facility observations.
During the course of the investigation, LPA Herrera observed the facility operating out of ratio during two separate time periods (see LIC 809-D Type B deficiency). On 03/19/2025 at 8:00 am, LPA commenced observations in Preschool #2 and observed staff #12 (S12) join the classroom, which was already in session with 14 children and staff #13 (S13) present. According to the records reviewed, Preschool #2 had 14 children present, with the 13th child arriving at 7:52 am, and S12 clocking in at 8:00am.
Furthermore, at 10:46am, LPA Herrera observed 37 children with 3 staff members in the facility’s outdoor play yard.
Continued on LIC. 9099-C.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Juvenal Moctezuma
LICENSING EVALUATOR NAME: Miguel Herrera
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2025
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 6
Control Number 04-CC-20250313140727
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: BUHACH PRESCHOOL
FACILITY NUMBER: 243808724
VISIT DATE: 06/02/2025
NARRATIVE
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During LPA’s observations, LPA confirmed the census count with staff #3 (S3) and staff #11 (S11). At 10:53am, LPA observed staff #15 (S15) exit the restroom in Building #2 with 6 additional children, who then re-joined the children already in the outdoor play yard. At 10:54 am, LPA Herrera reviewed facility records, which confirmed a total of 43 children in the outdoor play area with four staff members. Based on LPA Herrera’s observations and records review, the preponderance of evidence has been met that staff are operating out of ratio; therefore, the above allegation is found to be SUBSTANTIATED.

Through records review and observations, the allegation that unqualified staff are supervising children was corroborated (see LIC 809-D Type B deficiency). LPAs conducted staff record reviews and observed that staff #3 (S3), staff #12 (S12) and staff #13 (S13) were not fully qualified teachers as they did not have the twelve post-secondary units in early childhood education completed and/or they did not have courses that cover the general areas of child growth and development, or human growth and development; child, family and community, or child and family; and program/curriculum as required by regulations. Furthermore, LPAs did not observe that S3, S12 and S13 had any type of permits, credentials or certificates that would qualify them as fully qualified teachers and LPAs did not observe a granted exceptions on file for S3, S12 and S13. During the course of the investigation LPAs observed that the facility utilized S3, S12 and S13 as fully qualified teachers in Preschool #2 and Preschool #3. Based on LPAs observations and records review, the preponderance of evidence has been met that unqualified staff are supervising children; therefore, the above allegation is found to be SUBSTANTIATED.

Regarding the allegation that staff left a child unsupervised was corroborated by interviews and records review (see LIC 809-D Type A deficiency). During staff records review, LPAs observed that Staff #4’s (S4) file contained a termination letter of employment signed and dated by S4 and Director Ceja on 07/26/2024 acknowledging that S4 “failed to supervise children at all times” and “failed to follow guidelines on proper tracking in roster and during transitions.” Furthermore, the date of the termination letter is on or about the same time the alleged incident occurred. Through interviews it was corroborated that during a transition period in the playground S4 left child #1 (C1) unsupervised for approximately 4 to 5 minutes. Based on interviews and records review, the preponderance of evidence has been met that staff left a child unsupervised; therefore, the above allegation is found to be SUBSTANTIATED.

Interviews conducted and records reviewed revealed that staff did not report incident to C1’s authorized representatives. During children file reviews LPAs did not see an incident report for C1 that would indicate that the facility reported the incident to C1’s authorized representative. Furthermore, through interviews it was disclosed that staff did not report the incident to C1’s authorized representative, nor did they document the incident on an incident report to provide to C1’s authorized representatives. Therefore, the allegation that staff did not report incident to a child’s representative was SUBSTANTIATED. Continued on 9099-C.

SUPERVISORS NAME: Juvenal Moctezuma
LICENSING EVALUATOR NAME: Miguel Herrera
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 04-CC-20250313140727
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: BUHACH PRESCHOOL
FACILITY NUMBER: 243808724
VISIT DATE: 06/02/2025
NARRATIVE
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The allegation, staff inappropriately handled a child in care was also corroborated by interviews and records review (see LIC 809-D Type A deficiency). During staff records review, LPAs observed a disciplinary letter in staff #5’s (S5) file. The disciplinary letter was signed by S5 and Director Ceja on 06/06/2024 that acknowledged that S5 “failed to ensure the well-being of children in care.” Interviews confirmed that S5 inappropriately handled a child in care by placing their foot on child #2 (C2), while the C2 was laying down which violated the child’s personal rights. Based on interviews and records review, the preponderance of evidence has been met that staff inappropriately handled a child in care; therefore, the above allegation is found to be SUBSTANTIATED.

Based on records review and interviews, LPA Herrera confirmed that the facility commingled children in care (see LIC 809-D Type B deficiency). Interviews disclosed that the facility commingled school age children with preschool children between approximately 6:30am to 7:30am and 5:30pm to 6:00pm in Preschool #3. Interviews disclosed that School Age staff arrived at a letter time therefore children were commingled in the mornings. During records review, LPA Herrera reviewed a sample of classroom attendance logs and observed that the facility commingled children on 03/19/2025, 02/28/2025, 02/26/2025, 02/12/2025, and 02/05/2025. Based on interviews and records review, the preponderance of evidence has been met that the facility commingled children in care; therefore, the above allegation is found to be SUBSTANTIATED.

Based on interviews, observations and records review, the preponderance of evidence has been met that the facility is operating out of ratio, unqualified staff are supervising children, staff left child unsupervised, staff did not report incident to child's authorized representative, staff inappropriately handled a child in care, and staff are commingling children in care; therefore, the above allegations are found to be SUBSTANTIATED.

Exit interview conducted and report was reviewed with Director Andrea Ceja Martinez. Appeal rights were provided. Per Title 22, Division 12, Chapter 1, of the California Code of Regulations, the following deficiencies are being cited: (see LIC. 809-D). Upon receipt of a Type A violation, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. A copy of the Fact Sheet - Child Care Parent Notification Requirements and a copy of LIC 9224 Acknowledgement of Receipt of Licensing Reports was given to Director Andrea Ceja Martinez. This report shall be made available to the public upon request. LIC 9213 Notice of Site Visit is provided and required to be posted for 30 days.

SUPERVISORS NAME: Juvenal Moctezuma
LICENSING EVALUATOR NAME: Miguel Herrera
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 04-CC-20250313140727
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: BUHACH PRESCHOOL
FACILITY NUMBER: 243808724
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/02/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
06/13/2025
Section Cited
CCR
101216.3(a)
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(a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below.
This requirement was not met as evidenced by: LPAs observed two instances on 03/19/2025 were the facility operated over ratio.
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Licensee will change personnel in the classrooms to meet ratios. Furthermore, Licensee agrees to provide CCLD with a written plan on how the facility will ensure proper ratios are being maintained in all the classrooms. The facility will provide the plan of correction to CCLD Fresno by 06/09/2025 via email.
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LPA Herrera observed that staff #12 arrived in preschool #2 after the classroom was already over ratio with staff #13 supervising 14 children. Additionally, LPA observed 37 children in the playground with 3 staff members. LPA confirmed the census with staff and by reviewing facility records that confirmed the facility operating over ratio, which poses a potential risk to the health, safety, and personal rights of children in care.
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Type B
06/13/2025
Section Cited
CCR
101216.1(c)(1)(A)
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(c) To be a fully qualified teacher, a teacher shall have one of the following:
(1) Twelve post-secondary semester or equivalent quarter units in early childhood education or child development completed, with passing grades...
(A) The units specified in (c)(1) above shall include courses that cover the general areas of child growth and development, or human growth and development; child, family and community, or child and family; and program/curriculum.
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Licensee reviewed regulation CCR 101216.1 and stated they will immediately ensure that all staff utilized as teachers and teacher aides meet the regulatory requirements as of start of business 6/13/2025. Licensee will create a classroom staffing plan that meets
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This requirement was not met as evidenced by:
LPAs conducted file reviews and observed staff #3, staff #12 and staff #13 were not qualified teachers. LPAs observed the facility utilizing staff #3, staff #12 and staff #13 as fully qualified teachers in preschool #2 and preschool #3, which poses a potential risk to the health, safety, and personal rights of children in care.
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all regulatory requirements for teacher/teacher aide requirements and ratios for all classrooms by 6/13/2025. LPA will conduct an unannounced inspection after 6/16/2025 to review classroom staffing plan and ensure that staff providing care and supervision are qualified per Title 22 regulations.
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: Juvenal Moctezuma
LICENSING EVALUATOR NAME: Miguel Herrera
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 04-CC-20250313140727
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: BUHACH PRESCHOOL
FACILITY NUMBER: 243808724
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/02/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
06/06/2025
Section Cited
CCR
101229(a)(1)
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(a) The licensee shall provide care and supervision as necessary to meet the children's needs.
(1) No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation.

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A staff meeting will be conducted covering Child Care Licensing regulation101229 Responsibility for Providing care and Supervision, and the center’s procedures on classroom transitions to ensure proper supervision is maintained. Licensee stated that they will include the training for all new staff hired going forward.
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This requirement is not met as evidenced by:
Based on interviews and records review the facility failed to supervised child #1 as they were left in the playground for approximately 4 to 5 minutes without supervision, which posed an immediate risk to the health, safety and/or personal rights to children in care.
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A sign-in sheet will be provided at the beginning of the training. Staff will print their name, date of attendance and provide signatures. Directors will submit the sign-in sheet and presentation materials to CCLD Fresno by POC deadline, 06/06/2025.
Type A
06/06/2025
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....
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Based on records review Licensee terminated staff #5 based on their internal investigation. Licensee will submit training material outlining “Children’s Personal Rights.” The training material will be used for all new and existing staff members.
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This requirement was not met based on evidenced of records reviewed and interviews. LPA Herrera obtained corroborating interviews and documentation that revealed staff #5 improperly handled a child in care, which posed an immediate risk to the health, safety and/or personal rights to children in care.
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A sign-in sheet will be provided at the beginning of the training. Staff will print their name, date of attendance and provide signatures. Directors will submit the sign-in sheet and presentation materials to CCLD Fresno by POC deadline, 06/06/2025.
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: Juvenal Moctezuma
LICENSING EVALUATOR NAME: Miguel Herrera
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2025
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 04-CC-20250313140727
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: BUHACH PRESCHOOL
FACILITY NUMBER: 243808724
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/02/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
06/13/2025
Section Cited
CCR
101212(f)
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(f) The items specified in (d)(1)(A) through (H) above shall also be reported to the child's authorized representative. This requirement is not met as evidenced by:
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Licensee agrees to submit Plan of Correction (POC) to CCL-Fresno Office by 06/13/2025, indicating how the facility will ensure that all daycare parents are notified of unusual incidents per reporting requirement regulations.
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Based on interviews it was confirmed that the facility failed to notify child #1's authorized representatives of an unusual incident. Furthermore, LPAs did not observed an incident report on file that would suggest that facility reported the incident to child #1's authorized representatives. This is poses a potential risk to the health, safety, and personal rights of children in care.
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Type B
06/06/2025
Section Cited
CCR
101161(a)
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(a) A licensee shall not operate a child care center beyond the conditions and limitations specified on the license, including the capacity limitation.
This requirement is not met as evidence by:
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Per Director, the licensee will request a waiver for the commingling of children in care for approval to CCL Regional Office-Fresno by 06/06/2025.
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Based on interviews and records reviewed, the licensee did not comply with the section cited above. The facility is commingling school age and preschool children in preschool #3 during the beginning of the day. This poses a potential 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: Juvenal Moctezuma
LICENSING EVALUATOR NAME: Miguel Herrera
LICENSING EVALUATOR SIGNATURE:

DATE: 06/02/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/02/2025
LIC9099 (FAS) - (06/04)
Page: 6 of 6