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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 503904578
Report Date: 11/05/2024
Date Signed: 11/05/2024 11:21:34 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 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
09/09/2024 and conducted by Evaluator Anita Tristan
COMPLAINT CONTROL NUMBER: 04-CC-20240909153215
FACILITY NAME:KURTZ, CHRISTINA FAMILY CHILD CAREFACILITY NUMBER:
503904578
ADMINISTRATOR:KURTZ, CHRISTINAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(209) 668-4554
CITY:TURLOCKSTATE: CAZIP CODE:
95382
CAPACITY:14CENSUS: 4DATE:
11/05/2024
UNANNOUNCEDTIME BEGAN:
10:59 AM
MET WITH:Christina KurtzTIME COMPLETED:
12:30 PM
ALLEGATION(S):
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Licensee allowed smoking/tobacco on the premises during daycare hours.
INVESTIGATION FINDINGS:
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On 11/05/2024 Licensing Program Analyst (LPA) Anita Tristan conducted an unannounced complaint inspection to provide findings for the above allegation. LPA was met by Licensee, Christina Kurtz. LPA reviewed the allegation, and toured the facility, inside and outside.

During today’s visit LPA provided licensee with a copy of Title 22 Regulation 102424(a) Smoking Prohibition- Smoking is prohibited on the premises of a family child care home as specified in Health and Safety Code Section 1596.795(a).

Based upon information gathered through interviews with staff and licensee stating that licensee’s daughter does smoke during the day care hours of operation in a designated area made inaccessible to children in care.

Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Luisa Gavoutian
LICENSING EVALUATOR NAME: Anita Tristan
LICENSING EVALUATOR SIGNATURE:

DATE: 11/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/05/2024
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 3
Control Number 04-CC-20240909153215
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: KURTZ, CHRISTINA FAMILY CHILD CARE
FACILITY NUMBER: 503904578
VISIT DATE: 11/05/2024
NARRATIVE
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Health and Safety Code Section 1596.795(a) states: The smoking of tobacco in a private residence that is licensed as a family child care home shall be prohibited during the hours of operation as a family day care home and in those areas of the family day care home where children are present. The preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED.

Per California Code of Regulations, Title 22, Division 12, Chapter 3, a Type B deficiency is to be cited.

Exit interview conducted with Licensee, Christina Kurtz.

Plan Of Correction/Appeal Rights were given and discussed. A Notice of Site Visit is to be posted for 30 days.
SUPERVISORS NAME: Luisa Gavoutian
LICENSING EVALUATOR NAME: Anita Tristan
LICENSING EVALUATOR SIGNATURE:

DATE: 11/05/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/05/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 04-CC-20240909153215
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: KURTZ, CHRISTINA FAMILY CHILD CARE
FACILITY NUMBER: 503904578
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/05/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
11/19/2024
Section Cited
HSC
1596.795(a)
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Health and Safety Code Section 1596.795(a) states: The smoking of tobacco in a private residence that is licensed as a family child care home shall be prohibited during the hours of operation as a family day care home and in those areas of the family day care home where children are present. Nothing in this section shall prohibit a city or county from enacting or enforcing an ordinance relating to smoking in a family day care home if the ordinance is more stringent than this section. This requirement is not met as evidenced by:
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Licensee stated that she will provide a written statement stating that she will not allow smoking on the premises during hours of operations and will notify her daughter that she is not allowed to smoke at the FCCH.
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Based on LPA interviews with Licensee, staff, and licensee’s daughter; licensee’s daughter does smoke during the day care hours of operation. This poses an immediate health, safety, or personal rights risk to children in care.
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 Licensee will also provide in writing the consequences for violating the Title 22 Regulation by POC due date of 11/19/2024.
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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: Luisa Gavoutian
LICENSING EVALUATOR NAME: Anita Tristan
LICENSING EVALUATOR SIGNATURE:

DATE: 11/05/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/05/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 3