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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 543911045
Report Date: 08/15/2024
Date Signed: 08/15/2024 11:05:48 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH 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
07/05/2024 and conducted by Evaluator Kari McWilliams
PUBLIC
COMPLAINT CONTROL NUMBER: 57-CC-20240705125133
FACILITY NAME:LUNA, MARLENE FAMILY CHILD CAREFACILITY NUMBER:
543911045
ADMINISTRATOR:LUNA, MARLENEFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(559) 754-5764
CITY:VISALIASTATE: CAZIP CODE:
93291
CAPACITY:14CENSUS: 9DATE:
08/15/2024
UNANNOUNCEDTIME BEGAN:
09:15 AM
MET WITH:Marlene LunaTIME COMPLETED:
11:15 AM
ALLEGATION(S):
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Licensee does not follow infant safe sleep practice
Unfingerprinted adult in the facility
INVESTIGATION FINDINGS:
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On August 15, 2024 Licensing Program Manager (LPM) Kari McWilliams and Licensing Program Analyst (LPA) Christopher Burnias conducted an unannounced complaint inspection and met with Licensee Marlene Luna. A tour of the facility was conducted and a census was taken. LPM McWilliams and LPA Burnias explained to Licensee the purpose of todays inspection was to provide findings for the above allegations.

During the investigation LPM McWilliams conducted interviews and observations. During LPM McWilliams interview with Licensee, she stated that two different unfingerprint cleared adult males that are family members would come to the facility to assist with her own children. On an occassion Licensee stated that the unfinger print cleared adult would come into the daycare area, but did not assist with the children. Licensee also confirmed that due to the needs of child #1 (C1), safe sleep regulations were not being followed for C1.
Continued on 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Luisa Gavoutian
LICENSING EVALUATOR NAME: Kari McWilliams
LICENSING EVALUATOR SIGNATURE:

DATE: 08/15/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2024
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 5
Control Number 57-CC-20240705125133
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: LUNA, MARLENE FAMILY CHILD CARE
FACILITY NUMBER: 543911045
VISIT DATE: 08/15/2024
NARRATIVE
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Based on LPM McWilliams interviews that were conducted, the preponderance of evidence has been met, that there were uncleared fingerprinted adults and Licensee was not following safe sleep regulations in the facility therefore the above allegations are found to be SUBSTANTIATED. Per California Code of Regulation, Title 22, Division 12 Chapter 3 the following deficiencies are being cited please see attached LIC 9099D

Exit interview conducted with Licensee Marlene Luna. Notice of Site Visit Form to be posted to parent's board and must remain posted for 30 days.

Licensee Marlene Luna was provided appeal rights.

Upon receipt of a Type A violation, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. A copy of the Fact Sheet - Child Care Parent Notification Requirements and a copy of LIC 9224 Acknowledgement of Receipt of Licensing Reports was given to Licensee.

SUPERVISORS NAME: Luisa Gavoutian
LICENSING EVALUATOR NAME: Kari McWilliams
LICENSING EVALUATOR SIGNATURE:

DATE: 08/15/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 57-CC-20240705125133
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: LUNA, MARLENE FAMILY CHILD CARE
FACILITY NUMBER: 543911045
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/15/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/15/2024
Section Cited
CCR
102425(i)
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If an infant falls asleep before being placed in a crib or play yard, the provider shall move the infant to a crib or play yard as soon as possible. This requirement was not met based as evidenced by;
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Licensee stated that she will immediately place all infants in cribs to sleep. Licensee also stated that she will watch a video of safe sleep regulations on CDSS website and send in a statement of understanding the importance of the regulations.
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 interviews with Licensee and parents and photographic evidence that child #1 was placed on the couch to sleep which poses an immediate threat to the health and safety or personal rights of children 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: Luisa Gavoutian
LICENSING EVALUATOR NAME: Kari McWilliams
LICENSING EVALUATOR SIGNATURE:

DATE: 08/15/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 57-CC-20240705125133
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: LUNA, MARLENE FAMILY CHILD CARE
FACILITY NUMBER: 543911045
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/15/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
09/13/2024
Section Cited
CCR
102370(d)(1)
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d) All individuals subject to a criminal record review... shall prior to working, residing, or volunteering in a licensed facility:(1)Obtain a California clearance or a criminal record exemption as required by the Department...This requirement was not met as evidence by parent interviews,
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Licensee stated that she is in the process of getting both uncleared adults fingerpirnted and associated to her facility. Licensee stated that she will provide LPM with the proof of fingerprinting via text message.
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 Licensee statement and observation by LPM that two uncleared adult males would regularly visit facility to assist Licensee with their biological children which poses a potential risk to the health and safety or personal rights to children 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: Luisa Gavoutian
LICENSING EVALUATOR NAME: Kari McWilliams
LICENSING EVALUATOR SIGNATURE:

DATE: 08/15/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5