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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434415215
Report Date: 09/07/2022
Date Signed: 09/08/2022 09:15:10 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, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/25/2022 and conducted by Evaluator Janette Cruz
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20220825083355
FACILITY NAME:LIDIA'S PRESCHOOL AND DAY CARE CENTERFACILITY NUMBER:
434415215
ADMINISTRATOR:ATKINS, MARIAFACILITY TYPE:
850
ADDRESS:637 CALERO AVENUETELEPHONE:
(669) 234-7886
CITY:SAN JOSESTATE: CAZIP CODE:
95123
CAPACITY:18CENSUS: 12DATE:
09/07/2022
UNANNOUNCEDTIME BEGAN:
09:22 AM
MET WITH:Maria AtkinsTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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Uncleared staff provided care to children.

Facility operating out of the scope of license.
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs) Janette Cruz and Araceli Almaraz conducted an unannounced complaint investigation and met with Maria Atkins - Director/Licensee. Purpose of today’s inspection: deliver investigation findings. LPA also observed 12 preschool children and two staff assistants helping Maria with the care of children present at the facility during today's complaint investigation.

Based on the available evidence, record reviews and interviews conducted, it is concluded that both two staff assistants present and were helping with the children in care, did not have criminal record clearance records available on facility file. Licensee also self-admitted to using unlicensed classroom (#3) and children in care were observed playing in an unauthorized outdoor space located at the back of the facility adjacent to the church. The preponderance of evidence standard has thus been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations (Title 22, Division 12 & Chapter 1), is being cited on the attached LIC 9099-D. Copy of appeal rights provided to Maria Atkins, Director/Licensee, prior to conclusion of today’s inspection.

LPAs discussed the requirements of AB633 to Maria and provided her the AB633 fact sheet and a copy of Acknowledgement of Receipt of Licensing Reports (LIC 9224) and Maria understands the requirements. Upon receipt, Maria shall post and provide copies of this licensing report to parents/guardians of children in care and to parents/guardians of children newly enrolled at the facility during the next 12 months.


A Notice of Site Visit is issued and must be posted near the entrance of the facility along with a copy of today's report for 30 days.

Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Diana Stephenson
LICENSING EVALUATOR NAME: Janette Cruz
LICENSING EVALUATOR SIGNATURE:

DATE: 09/07/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2022
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 2
Control Number 07-CC-20220825083355
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: LIDIA'S PRESCHOOL AND DAY CARE CENTER
FACILITY NUMBER: 434415215
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/07/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/08/2022
Section Cited
CCR
101170(e)(1)
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Criminal Record Clearance) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing or volunteering in a licensed facility: (1) Obtain a California clearance or a criminal record exemption as required by the Department. This requirement was not met as evidenced by:
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Civil penalty of $1000 assessed today (see LIC 421BG). The Licensee must provide copies of this report to parents/guardians of children in care at this facility and to parents/guardians of children newly enrolled at this facility during the next 12 months per the AB633 requirements.
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Based on observation, record reviews and interviews, Licensee did not compy with section cited above. Licensee's two other adult assistants who were providing care to children enrolled did not obtain criminal record and child abuse index clearances prior to working in the facility. This poses an immediate threat to health and safety of children in care.
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The Licensees will submit a written statement to the Department by 09/08/22 indicating that they understand that all adult(s) must obtain the required criminal record and child abuse index clearances prior to working or residing in the home. Possible compliance office meeting.
Type A
09/09/2022
Section Cited
CCR
101171
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101171 Fire Clearance
(a) All child care centers shall secure and maintain a fire clearance approved by the city or county fire department, the district providing fire protection services, or the State Fire Marshal.
This requirement was not met as evidenced by:
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Licensee will submit a written plan to the Department stating her understanding of the regulations and immediately cease operating on the unauthorized indoor and outdoor areas of center that do not have fire clearance.
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Based on observations, interviews and record reviews, Licensee did not comply with section cited above. Licensee self-admitted to using unlicensed classroom (#3) and children in care were observed playing in an unauthorized outdoor space. This poses an immediate threat to health and safety of 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: Diana Stephenson
LICENSING EVALUATOR NAME: Janette Cruz
LICENSING EVALUATOR SIGNATURE:

DATE: 09/07/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2022
LIC9099 (FAS) - (06/04)
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