503911821-9-20-2023-04-CC-JMOA-CW9QAV-20231003120031

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 503911821
Report Date: 09/07/2023
Date Signed: 09/20/2023 03:37:20 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
07/13/2023 and conducted by Evaluator Denisia Jimenez

PUBLIC

COMPLAINT CONTROL NUMBER: 04-CC-20230713095326

FACILITY NAME:	GATHING, MARIE FAMILY CHILD CARE		FACILITY NUMBER:	503911821
ADMINISTRATOR:	GATHING, MARIE		FACILITY TYPE:	810
ADDRESS:			TELEPHONE:	(650) 630-2104
CITY:	MODESTO	STATE: CA	ZIP CODE:	95351
CAPACITY:	14	CENSUS: 1	DATE:	09/07/2023
		UNANNOUNCED	TIME BEGAN:	09:40 AM
MET WITH:	Marie Gathing		TIME COMPLETED:	11:35 AM

ALLEGATION(S):

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Staff does not ensure a safe and healthful environment for the children

INVESTIGATION FINDINGS:

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On 09/07/2023, Licensing Program Analyst (LPA) Denisia Jimenez arrived at the facility to conduct an unannounced complaint inspection. The purpose of the inspection was to explain the allegations and deliver investigation findings. LPA met with Licensee, Marie Gathing. During today’s visit, there was 1 day care child present.

This agency investigated the complaint alleging Staff does not ensure a safe and healthful environment for the children. During the investigation, LPA observed a small dog inside a fenced gate with pee pads at the corner of the daycare room next to the sliding door and a pee pad placed in front of the entrance door. LPA also conducted an inspection of the facility and did not observe any feces or urine on the pee pads or outside. Through interview it was confirmed licensee recently got her small dog and was house breaking the dog inside the daycare room where she runs her daycare. This violates children’s personal rights. Children need to be in a safe, healthful, and comfortable environment. This poses a potential health and safety risk to children in care.
(Continued on 9099-C)

Substantiated

Estimated Days of Completion: 60

SUPERVISORS NAME: Juvenal Moctezuma
LICENSING EVALUATOR NAME: Denisia Jimenez
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2023

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 5

Control Number 04-CC-20230713095326

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: GATHING, MARIE FAMILY CHILD CARE	FACILITY NUMBER: 503911821
	VISIT DATE: 09/07/2023

NARRATIVE

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Based on LPA observation and the information obtained, there is a preponderance of the evidence to prove Staff does not ensure a safe and healthful environment for the children ; therefore, the allegation is substantiated.

Per California Code of Regulations, Per Title 22, Division 12, Chapter 3, the following deficiency Type B is being cited (see 9099-D)

Exit interview conducted, appeal rights and report was reviewed with the licensee Marie Gathing.

A notice of site visit was given and must remain posted for 30 days.

SUPERVISORS NAME: Juvenal Moctezuma
LICENSING EVALUATOR NAME: Denisia Jimenez
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 5

Control Number 04-CC-20230713095326

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: GATHING, MARIE FAMILY CHILD CARE	FACILITY NUMBER: 503911821
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/07/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 08/31/2023 Section Cited CCR 102423(a)(2)	1 2 3 4 5 6 7	102423 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: (2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment.	1 2 3 4 5 6 7	LPA observed Licensee remove the fenced gate with the pee pads and Licensee stated she will keep her small dog inside her home away from daycare room. Licensee is aware of child safety around pets and accepts responsibility for any action taken by pets.
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Juvenal Moctezuma
LICENSING EVALUATOR NAME: Denisia Jimenez
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2023

LIC9099 (FAS) - (06/04)

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