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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 426216264
Report Date: 03/02/2023
Date Signed: 03/02/2023 12:36:57 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/06/2022 and conducted by Evaluator Maryrose Breault
PUBLIC
COMPLAINT CONTROL NUMBER: 17-CC-20221206160120
FACILITY NAME:FONSECA FAMILY CHILD CAREFACILITY NUMBER:
426216264
ADMINISTRATOR:YADIRA FONSECAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(805) 757-1067
CITY:LOMPOCSTATE: CAZIP CODE:
93436
CAPACITY:14CENSUS: 10DATE:
03/02/2023
UNANNOUNCEDTIME BEGAN:
10:07 AM
MET WITH:Yadira FonsecaTIME COMPLETED:
12:50 PM
ALLEGATION(S):
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Care and Supervision
Personal Rights
INVESTIGATION FINDINGS:
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On March 2nd, 2023, at 10:07AM Licensing Program Analysts (LPAs) Rosie Breault and Austin Rios conducted an unannounced inspection to conclude a complaint initiated on 12/8/2022.LPAs met with licensee Yadira Fonseca and informed her of the purpose of the inspection. Licensee provided LPAs a tour of the home inside and out. At the time of the inspection there were ten (10) children in care, licensee, and (2) two staff. The investigation included obtaining the childcare roster, interviewing licensee, interviewing reporting party (RP), interviewing current and former parents of children in care, reviewing all documents, evidence brought forth, and file analysis of this Family Child Care Home (FCCH).
All two (2) allegations have been investigated and the findings are as follows:

Allegation 1 CARE AND SUPERVISION: Licensee did not provide adequate supervision to children in care and child was injured. RP indicated to the Department that child sustained injuries while in care possibly due to lack of supervision. When RP brought this to the attention of the licensee, licensee admitted child was injured however stating she (licensee) “I have too many kids by myself I don’t ruse my phone while we’re on a walk and stuff.” LPA’s interview with RP revealed licensee’s response to child falling or tumbling was that she (licensee) she said "she didn't know where" the fall occurred. Licensee stated, “I did not see any of that before we left, but he did fall on our walk.”
CONTINUED ON LIC9099C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Ana Tolentino
LICENSING EVALUATOR NAME: Maryrose Breault
LICENSING EVALUATOR SIGNATURE:

DATE: 03/02/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/02/2023
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 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/06/2022 and conducted by Evaluator Maryrose Breault
COMPLAINT CONTROL NUMBER: 17-CC-20221206160120

FACILITY NAME:FONSECA FAMILY CHILD CAREFACILITY NUMBER:
426216264
ADMINISTRATOR:YADIRA FONSECAFACILITY TYPE:
810
ADDRESS:309 COLEMAN DRIVETELEPHONE:
(805) 757-1067
CITY:LOMPOCSTATE: CAZIP CODE:
93436
CAPACITY:14CENSUS: 10DATE:
03/02/2023
UNANNOUNCEDTIME BEGAN:
10:07 AM
MET WITH:Yadira FonsecaTIME COMPLETED:
12:50 PM
ALLEGATION(S):
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9
Ratio
INVESTIGATION FINDINGS:
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On March 2nd, 2023, at 10:07AM Licensing Program Analysts (LPAs) Rosie Breault and Austin Rios conducted an unannounced inspection to conclude a complaint initiated on 12/8/2022. LPAs met with licensee Yadira Fonseca and informed her of the purpose of the inspection. Licensee provided LPAs a tour of the home inside and out. At the time of the inspection there were ten (10) children in care, licensee and two (2) staff.
The investigation included obtaining the childcare roster, interviewing licensee, interviewing reporting party (RP), interviewing current and former parents of children in care, reviewing all documents, evidence brought forth, and file analysis of this Family Child Care Home (FCCH). The allegation has been investigated and the finding is as follows:
Allegation RATIO: Licensee is operating over ratio. RP party indicated that licensee has “too many kids to handle.” Interview with RP revealed licensee is taking care of roughly eight (8) children. Evidence entered revealed eight (8) families. Majority of parents interviewed can not corroborate allegation.
CONTINUED ON LIC9099C

Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Ana Tolentino
LICENSING EVALUATOR NAME: Maryrose Breault
LICENSING EVALUATOR SIGNATURE:

DATE: 03/02/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/02/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 17-CC-20221206160120
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
FACILITY NAME: FONSECA FAMILY CHILD CARE
FACILITY NUMBER: 426216264
VISIT DATE: 03/02/2023
NARRATIVE
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Licensee holds a Large FCCH license and can care and supervise up to fourteen (14) children with an assistant present. Licensee is aware any of her children, under the age of ten (10), count against the regulatory ratio. Based on LPA’s interviews, evidence entered to the Department, and file analysis the preponderance of evidence standard has been not met; therefore, the above allegation is found to UNSUBSTANTIATED.

Exit interviewed conducted, reported review with licensee. Copy of report provided, LIC9224, Technical Support Program (TSP) brochure, and Appeal Rights provided to licensee.


THE NOTICE OF SITE VISIT WAS GIVEN AS REQUIRED BY H&S CODE SEC. 1596.817. THE NOTICE OF SITE VISIT MUST REMAIN POSTED FOR 30 DAYS OR A CIVIL PENALTY OF $100.00 WILL APPLY.
SUPERVISORS NAME: Ana Tolentino
LICENSING EVALUATOR NAME: Maryrose Breault
LICENSING EVALUATOR SIGNATURE:

DATE: 03/02/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/02/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 17-CC-20221206160120
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117
FACILITY NAME: FONSECA FAMILY CHILD CARE
FACILITY NUMBER: 426216264
VISIT DATE: 03/02/2023
NARRATIVE
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Based on LPA file review, on 3/21/2022, licensee was required by the Department to attend the Family Child Care Orientation. Licensee complied with Department’s requirement and completed the orientation on 3/30/2022. The Family Child Care Orientation summarizes the Absence of Supervision and the Department’s policy of violation/citation. Licensee agreed to the terms to stay in compliance with Family Child Care Regulations, Title 22, Division 12 at all times signed 3/21/2022. Based on LPA's interviews, evidence entered to the Department, and file analysis which reveal that child’s injuries could have been prevented with the proper supervision. The preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED. A Type A violation has been cited.

Allegation 2 Personal Rights: Licensee is providing unsafe equipment to children in care. RP inquired about injuries a child sustained while possibly playing. Evidence entered in investigation revealed that licensee stated she is utilizing a trampoline, tetherball, swings for play time with children. Parent interviewed indicated to LPA that a trampoline has been used for play time. Based on LPA file review, licensee was cited on 11/8/2021 on prior license (#426215918) for use of trampoline in care. Licensee agreed to the terms to stay in compliance with Family Child Care Regulations, Title 22, Division 12 regulations at all times signed 3/21/2022. During initiation of this complaint allegation (12/8/2022), LPA Breault observed one unsafe piece of equipment (trampoline) and LPA cited licensee for use of trampoline that day. Licensee removed trampoline rendering inaccessible, provided evidence to the Department and deficiency was cleared. Based on LPA’s interviews, evidence entered to the Department, and file analysis which reveal licensee has been utilizing unsafe equipment for children in care. The preponderance of evidence standard has been met; therefore, the above allegation is found to SUBSTANTIATED.

Exit interviewed conducted, reported review with licensee. LIC9224, Technical Support Program (TSP) brochure, and Appeal Rights provided to licensee.

Licensee declined to sign report and deficiency. LPAs provided copy to licensee.

THE NOTICE OF SITE VISIT WAS GIVEN AS REQUIRED BY H&S CODE SEC. 1596.817. THE NOTICE OF SITE VISIT MUST REMAIN POSTED FOR 30 DAYS OR A CIVIL PENALTY OF $100.00 WILL APPLY.

SUPERVISORS NAME: Ana Tolentino
LICENSING EVALUATOR NAME: Maryrose Breault
LICENSING EVALUATOR SIGNATURE:

DATE: 03/02/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/02/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 17-CC-20221206160120
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 6500 HOLLISTER AVE., SUITE 200
GOLETA, CA 93117

FACILITY NAME: FONSECA FAMILY CHILD CARE
FACILITY NUMBER: 426216264
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/02/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Request Denied
Type A
03/02/2023
Section Cited
CCR
102417(a)
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The licensee shall be present in the home and shall ensure that children in care are supervised at all times.
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Licensee to view CCLD (CCLD) video Supervising Children in Family Child Care at https://ccld.childcarevideos.org/family-child-care-providers/ and provide LPA a written statement of how she will remain in compliance at all times by 3/8/2023 to LPA via email: Maryrose.breault@dss.ca.gov
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This evidence is met by....

Child was injured while unsupervised during 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: Ana Tolentino
LICENSING EVALUATOR NAME: Maryrose Breault
LICENSING EVALUATOR SIGNATURE:

DATE: 03/02/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/02/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5