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13 | On 02/23/2022 at 11:30AM, Licensing Program Analyst (LPA) Nguyen Tran conducted an initial 10-day complaint investigation. Upon arrival, LPA met with Licensee Im Kyoung Oh and toured the facility. Census was observed as following: 12 preschool children with 2 staffs. LPA informed Licensee about the allegations.
A review of staff records on this date indicated that one facility staff, Bianca Esquivel, who required caregiver background checks have not received criminal record and child abuse index clearance or exemption.
LPA Tran also interviewed Licensee and Bianca Esquivel. Both Licensee and Ms. Esquivel, confirmed that Bianca Esquivel did not receive criminal record and child abuse index clearance or exemption, and that Ms Esquivel has stared to work from 02/15/2022 until today 02/23/2022, for a total of 7 working days.
Based on LPA's observation, record review and interviews, the preponderance of evidence standard has been met, therefore the above allegation unqualified staff providing care is found to be SUBSTANTIATED. California Code of Regulations, Title 22 Division 12 chapter 1, Section 102370 (d) Criminal Record Clearance is being cited on the attached LIC 9099D.
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| Substantiated | Estimated Days of Completion: |
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
02/23/2022
Section Cited
HSC
1596.808 (a)(1) | 1
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7 | 1596.808 Beverages served by day care providers to children (a) Commencing January 1, 2012....a licensed child day care facility shall comply...for beverages served by the day care provider to children in the provider’s care: (1)...serve only lowfat (1 percent) milk or nonfat milk to children two years of age or older | 1
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7 | Licensee will submit to LPA written statement of understanding of the regulation regarding beverage served by day care providers to children and will comply with the Health and Safety Code, by 03/09/2022. |
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14 | This requirment is not met evidenced by:
Base on observation and interview, Licensee admitted that she served whole milk to the children in care, which poses a potential risk to the health of the children in care. | 8
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Type B
02/23/2022
Section Cited
CCR
102417(g) | 1
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7 | 102417 Operation of a Family Child Care Home (g) The home shall be free from defects or conditions which might endanger a child.
This requirement is not met evidenced by: | 1
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7 | Licensee will fix the broken tiles in the patio area and will remove the broken wooden pieces from the outdoor activity area, and will provide a picture proof for LPA by 03/09/2022. |
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14 | Base on observation and interview, Licensee acknowledged that there were broken tiles and broken wooden pieces in the outdoor play areas, which poses potential risks to the health and safety of children in care. | 8
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
02/23/2022
Section Cited
CCR
102370(d) | 1
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7 | 102370 Criminal Record Clearance - All individuals subject to a criminal record review...shall prior to working...in a licensed facility: (1) Obtain a California clearance or a criminal record exemption as required by the Department. This requirement is not met evidenced by: | 1
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7 | Licensee stated that the person is no longer working for her. She agreed to not allow personnel to work for her unless clearances are submitted and cleared. She will submit a written correction to LPA on how she will comply. |
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14 | Base on observation, interview and record review, Licensee and staff Bianca both admit that staff Bianca has started to work for 7 days without receiving criminal record and child abuse index, this posts an immediate risk to the health and safety of the children in care. | 8
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