493009773-2-28-2024-01-CC-AHON-D352X8-20240306164640

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 493009773
Report Date: 02/28/2024
Date Signed: 02/28/2024 01:31:52 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA CC RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/26/2024 and conducted by Evaluator Amy Strother

PUBLIC

COMPLAINT CONTROL NUMBER: 01-CC-20240226113459

FACILITY NAME:	PEREZ, EMILIO FCCH		FACILITY NUMBER:	493009773
ADMINISTRATOR:	EMILIO PEREZ		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(707) 230-1631
CITY:	SANTA ROSA	STATE: CA	ZIP CODE:	95407
CAPACITY:	14	CENSUS: 11	DATE:	02/28/2024
		UNANNOUNCED	TIME BEGAN:	10:00 AM
MET WITH:	Emilio Perez		TIME COMPLETED:	01:45 PM

ALLEGATION(S):

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Licensee is operating outside of licensee terms and conditions

INVESTIGATION FINDINGS:

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An complaint investigation inspection was conducted at the facility by Licensing Program Analyst (LPA), Amy Strother. It has been alleged that the Licensee is operating outside of license terms and conditions, specifically that the Licensee has up to 15 children in care daily, 6 of which are infants under the age of 2 years old and present at the same time.

Licensee Emilio Perez (L1) greeted LPA and immediately stated at 10:07am that he has too many infants in care. LPA observed 9 children (C1-C9) present at the time of arrival, with L1 and two assistants, S1 and S2. L1 provided the names of each child to LPA Strother, stating that C1 – C7 were all under the age of two years. At 10:15am L1 stated that up to 4 additional children, all over age 2, (but not age 6 or school-age) were expected to arrive today, for a total of 13 children. At 10:30am two additional children (C10 & C11) arrived to the facility. L1 provided LPA with a current roster of children in care. The facility was observed to be out of ratio and did not comply with the requirements of Health and Safety Code (HSC) 1597.465(b) which indicates no more than three infants are cared for during any time when more than 12 children are being cared for.
Continue on LIC9099-C

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:	DATE: 02/28/2024

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2024

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20240226113459

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA CC RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: PEREZ, EMILIO FCCH	FACILITY NUMBER: 493009773
	VISIT DATE: 02/28/2024

NARRATIVE

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L1 called the guardians of 3 infants, requesting for them to pick up their child. At 11:17am infant C2 was picked up. At 11:26am infant C7 was picked up. At 11:51am child (C12) arrived. At 12:10pm infant C4 was picked up and child C13 arrived. At 12:10pm the facility ratio was in compliance with 4 infants (C1 & C4-C6) and 6 preschool age children (C8-C13), supervised by L1 and two assistants, S1 and S2.

Beginning at 11:45am LPA interviewed S1 and S2. Based on interviews with L1, S1 and S2 the facility has operated over ratio, with more than 4 infants in care and up to 14 children in care, none of whom were 6 years old or school-age, on more than one occasion. Interviews did not corroborate that the facility has ever had more than 14 children in care and was not operating over capacity, just over ratio.

Based on interviews, observation and a review of records, the preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22), is being cited on the attached LIC9099D. Appeal rights were provided.

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.

LPA Amy Strother informed licensee, Emilio Perez that this report dated 02/28/24 documents one Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Amy Strother informed the licensee to provide a copy of this licensing report dated 02/28/24 that documents any Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:	DATE: 02/28/2024

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2024

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20240226113459

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA CC RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: PEREZ, EMILIO FCCH	FACILITY NUMBER: 493009773
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/28/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 02/29/2024 Section Cited CCR 102416.5(d)(1)	1 2 3 4 5 6 7	Staffing Ratio and Capacity: For a Large Family Child Care Home, the maximum number of children for whom care may be provided at any one time... shall be either:(1) Twelve children, no more than four of whom may be infants; or... This requirement is not met as evidenced by:	1 2 3 4 5 6 7	L1 sent infants C2, C3 and C7 home during the inspection, bringing the facility into compliance. Licensee stated he will talk with the families to ensure there are no more than 4 infants present whenever there are up to twelve children in care, or three infants when there are 14 children, two of which are at least 6 years old and one enrolled in TK or Kindergarten.
	8 9 10 11 12 13 14	Based on observation and interview the licensee did not limit ratio and capacity to only 4 infants at any one time, 7 infants (C1-C7) were observed in care, with 6 preschool age children, for a total of 13 children, which poses an immediate Health and Safety risk to the children in care.	8 9 10 11 12 13 14	The Licensee will produce and submit a written statement indicating how he will arrange the children's schedules to demonstrate how the facility will comply with the ratio requirements. Licensee intends to submit his written statement to the Department by 02/29/24 via email. Email to: amy.strother@dss.ca.gov
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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: Alexis Hollon
LICENSING EVALUATOR NAME: Amy Strother
LICENSING EVALUATOR SIGNATURE:	DATE: 02/28/2024

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/28/2024

LIC9099 (FAS) - (06/04)

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