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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 543911866
Report Date: 04/21/2023
Date Signed: 04/21/2023 11:58:23 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
02/16/2023 and conducted by Evaluator Jessika Thompson
PUBLIC
COMPLAINT CONTROL NUMBER: 57-CC-20230216133355
FACILITY NAME:GARCIA, LYDIA FAMILY CHILD CAREFACILITY NUMBER:
543911866
ADMINISTRATOR:GARCIA, LYDIAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(559) 805-4704
CITY:VISALIASTATE: CAZIP CODE:
93292
CAPACITY:14CENSUS: 9DATE:
04/21/2023
UNANNOUNCEDTIME BEGAN:
10:30 AM
MET WITH:Lydia Garcia- Licensee TIME COMPLETED:
12:05 PM
ALLEGATION(S):
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Provider does not live in the day care home
INVESTIGATION FINDINGS:
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On 4/21/2023 , Licensing Program Analyst (LPA) Jessika Thompson conducted an unannounced complaint inspection. LPA was met by Licensee Lydia Garcia. A tour of the facility was made. The purpose of today's inspection was to deliver findings for the above complaint allegation.

During the course of the investigation, LPA made observations, reviewed records, and conducted interviews. Based on information obtained through interviews, it was determined that the licensee has not resided in the family child care home (FCCH) on a continuous basis while the FCCH has been in operation.

The preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. Per Title 22, Division 12, Chapter 3, the following deficiency was cited: (see LIC809D). An exit interview was conducted with Licensee Lydia Garcia. Licensee was provided a copy of their appeal rights. A Notice of Site Visit Form was posted on parent's board and must remain posted for 30 days.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Jessika Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 04/21/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/21/2023
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 3
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
02/16/2023 and conducted by Evaluator Jessika Thompson
PUBLIC
COMPLAINT CONTROL NUMBER: 57-CC-20230216133355

FACILITY NAME:GARCIA, LYDIA FAMILY CHILD CAREFACILITY NUMBER:
543911866
ADMINISTRATOR:GARCIA, LYDIAFACILITY TYPE:
810
ADDRESS:1410 W MAIN STTELEPHONE:
(559) 805-4704
CITY:VISALIASTATE: CAZIP CODE:
93292
CAPACITY:14CENSUS: DATE:
04/21/2023
UNANNOUNCEDTIME BEGAN:
10:30 AM
MET WITH:Lydia Garcia- Licensee TIME COMPLETED:
12:05 PM
ALLEGATION(S):
1
2
3
4
5
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7
8
9
Provider leaves minor to care and supervise day care children
INVESTIGATION FINDINGS:
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On 4/21/2023 , Licensing Program Analyst (LPA) Jessika Thompson arrived at the facility to conduct an unannounced complaint inspection and deliver investigation findings. LPA met with Licensee Lydia Garcia, who accompanied LPA during a tour of the facility.

During the course of this investigation, witnesses, staff, and parents were interviewed. Although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove the allegation stated above, therefore the allegation was found to be unsubstantiated.

Per California Code of Regulations, Title 22, Division 12, Chapter 3, no deficiency was cited pertaining to the above allegation. An exit interview was conducted with Licensee. Licensee was provided a copy of their appeal rights. A Notice of Site Visit Form was posted on parent's board and must remain posted for 30 days.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Jessika Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 04/21/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/21/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 57-CC-20230216133355
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: GARCIA, LYDIA FAMILY CHILD CARE
FACILITY NUMBER: 543911866
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/21/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
05/01/2023
Section Cited
CCR
102352(f)(1)&(h)(1)
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Definitions.(f)(1)"Family Day Care" or "Family Child Care" means regularly provided care, protection and supervision of children, in the care giver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away…(h)(1)"Home" means the licensee's residence as defined by Government Code Section 244.
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Licensee indicated that she now lives in FCCH and understands that she must reside at the FCCH as a condition of licensure.
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This requirement was not met as evidenced by LPA's observations and interviews conducted throughout the duration of this investigation. This poses a potential risk to the health, safety, or personal rights of children in care.
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Licensee stated she will review regulation 102352(f)(1)&(h)(1) and complete a statement regarding how she will ensure continued regulatory compliance. This statement is to be submitted to the Fresno Community Care Licensing office by 5/01/2023.
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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: Susie Fanning
LICENSING EVALUATOR NAME: Jessika Thompson
LICENSING EVALUATOR SIGNATURE:

DATE: 04/21/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/21/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3