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32 | Furthermore, A1 transported her own children plus LS’s minor relatives to school, and during the facility’s non-operating hours, A1 visited the home to attend family events. The statements S1 & S2 provided indicated that A1 visited the facility to pick up and drop off LS’s minor relatives to school and A1 did not visit the facility during hours of operation.
Statement provided by three parents (P1-P3) confirmed they witnessed A1 providing care and supervision at the facility. P1 described when she dropped her child off one day in the morning of July 2023, she noticed A1 in the backyard doing water activity with the daycare children. P2 validated that A1 was the point of contact and on multiple occasions when he dropped his child off, A1 was waiting at the facility entry door to greet them, while P3 stated she dropped her child off on more than five occasions and saw A1 inside the facility; and P3 assumed A1 was staff. Department records indicated there was an existing Decision and Order which confirmed A1 was excluded from facilities licensed by the Department for two years, effective, 08/18/2022.
The facility did not comply with CCR 102370(d)(1) which requires 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: obtain a California clearance or a criminal record exemption as required by the Department. An immediate $500 Civil Penalty is being assessed because LS did not ensure A1 obtained a criminal record clearance prior to working at the facility. LS was reminded that all adults 18 and over living or working in the home, including employees and volunteers, must obtain a criminal record clearance or exemption, or transfer their existing clearance or exemption, prior to initial presence in a licensed Family Child Care Home. A civil penalty of $100.00 minimum/day up to $500.00 maximum per day/per person will be assessed if this regulation is violated.
A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Exit interview conducted and report was reviewed with the licensee, Monisa Sediqi. The following violation of California Code of Regulations, Title 22, Division 12, was cited during today's visit. Appeal Rights were provided. (Continue to LIC 9099-C) |