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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 503903750
Report Date: 11/28/2023
Date Signed: 11/28/2023 04:14:24 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO-CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/30/2023 and conducted by Evaluator Anita Tristan
COMPLAINT CONTROL NUMBER: 04-CC-20231030135039
FACILITY NAME:GUEVARA, OFELIA FAMILY CHILD CAREFACILITY NUMBER:
503903750
ADMINISTRATOR:GUEVARA, OFELIAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(209) 894-7863
CITY:PATTERSONSTATE: CAZIP CODE:
95363
CAPACITY:14CENSUS: 10DATE:
11/28/2023
UNANNOUNCEDTIME BEGAN:
03:00 PM
MET WITH:Ofelia GuevaraTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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Licensee used inappropriate forms of discipline methods.
INVESTIGATION FINDINGS:
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On 11/28/23, Licensing Program Analysts (LPAs) Anita Tristan and Priscilla Zamudio conducted a complaint inspection at the facility for the purpose of delivering the finding to the above listed allegation. LPA met with Licensee, Ofelia Guevara, toured the facility and took a census.
During the course of the investigation, LPA Tristan collected facility records, and conducted interviews with licensee, staff, reporting party, and parents. Interviews reflect licensee took child #1 to the garage while having a challenging behavior to separate from other children. The area was considered “off-limits” by licensee and reached an uncomfortable temperature of up to 100 degrees. Licensee stated she was with the child at all times.
Based upon the information gathered through interviews the allegation indicates that licensee used an inappropriate form of discipline . This agency determined that the preponderance of evidence standard has been met, therefore the above allegations is found to be SUBSTANTIATED.
Per California Code of Regulations, Title 22, Division 12, Chapter 1, deficiency will be cited (see 9099-D). Exit interview conducted with the Licensee, Ofelia Guevara.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Cynthia Brannon
LICENSING EVALUATOR NAME: Anita Tristan
LICENSING EVALUATOR SIGNATURE:

DATE: 11/28/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/28/2023
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 2
Control Number 04-CC-20231030135039
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO-CC, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: GUEVARA, OFELIA FAMILY CHILD CARE
FACILITY NUMBER: 503903750
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/28/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
11/29/2023
Section Cited
CCR
102423(a)(4)
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Personal Rights-(a) Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following: (4) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature...
This requirement was not met as evidenced by:


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Licensee will submit statement of understanding Personal Rights Regulations and discipline procedures for dealing with children. Submitted by POC due date of 11/29/2023.
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Based on interviews it was revealed that licensee took child #1 to the garage while having a challenging behavior to separate from other children. This poses an immediate health, safety or personal rights risk to persons 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: Cynthia Brannon
LICENSING EVALUATOR NAME: Anita Tristan
LICENSING EVALUATOR SIGNATURE:

DATE: 11/28/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/28/2023
LIC9099 (FAS) - (06/04)
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