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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 153910573
Report Date: 08/30/2024
Date Signed: 08/30/2024 03:49:44 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH 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
08/20/2024 and conducted by Evaluator Scott Herring
PUBLIC
COMPLAINT CONTROL NUMBER: 57-CC-20240820105845
FACILITY NAME:JAMES, ROSIE FAMILY CHILD CAREFACILITY NUMBER:
153910573
ADMINISTRATOR:JAMES, ROSIEFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(661) 664-6953
CITY:BAKERSFIELDSTATE: CAZIP CODE:
93311
CAPACITY:14CENSUS: 2DATE:
08/30/2024
UNANNOUNCEDTIME BEGAN:
02:00 PM
MET WITH:Rosie JamesTIME COMPLETED:
04:00 PM
ALLEGATION(S):
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Licensee placed daycare child in a highchair for extended periods of time other than for feeding purposes.
INVESTIGATION FINDINGS:
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Licensing Program Analyst Jimenez and Licensing Program Manager Herring arrived to the licensed facility to deliver investigation findings regarding the aforementioned complaint allegation. The investigation consisted of a review of records, interviews with children and parents, information obtained from agencies and other public sources and additional information that supports that the investigation findings. Investigation has revealed that on multiple occasions, multiple children were observed to be asleep and/or sitting in high chairs. Statements from the licensee, parents, children and video footage obtained all factored in this determination. Though the licensee stated that only one child was found in the high chair on one occasion and she took appropriate action to terminate the employment of the staff employee, information obtained determined that there are in fact multiple children that are in the high chairs for other than feeding purposes for an indeterminate amount of time. As a result, the preponderance of evidence standard has been met substantiating this allegation. Therefore, the above allegation is found to be SUBSTANTIATED. Please see 9099 C for Continuation
Substantiated
Estimated Days of Completion: 0
SUPERVISORS NAME: Alice Juarez
LICENSING EVALUATOR NAME: Scott Herring
LICENSING EVALUATOR SIGNATURE:

DATE: 08/30/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/30/2024
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 57-CC-20240820105845
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC RO, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: JAMES, ROSIE FAMILY CHILD CARE
FACILITY NUMBER: 153910573
VISIT DATE: 08/30/2024
NARRATIVE
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Per California Code of Regulations Title 22 Division 12 Chapter 3, the following deficiency is being issued(see LIC 9099-D).

LPA informed Licensee that this report dated 08/30/24 documents one Type A citation, which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care.

Also, LPA informed the Licensee that she needs to provide a copy of this licensing report dated 08/30/24 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

An exit interview was conducted with Rosie James. A copy of this report and Appeal Rights were provided and discussed with the licensee. Notice of Site Visit to be posted for 30 days.



Licensee indicated that as a result of the outcome of this investigation and the allegations brought forth against her, she is surrendering her license to the department effective 08-31-2024. Licensee is advised the the surrender of license does not preclude the department from initiating an administrative action for license revocation if there is sufficient cause to proceed forth.
SUPERVISORS NAME: Alice Juarez
LICENSING EVALUATOR NAME: Scott Herring
LICENSING EVALUATOR SIGNATURE:

DATE: 08/30/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/30/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 57-CC-20240820105845
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: JAMES, ROSIE FAMILY CHILD CARE
FACILITY NUMBER: 153910573
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/30/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/30/2024
Section Cited
CCR
102423(a)(4)
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Personal Rights: Each child receiving services from a family child care home shall have certain rights ...........(4) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule,..........This requirement was not met as evidenced by: Based on interviews,
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 information obtained, statements received and a review of records, multiple children were observed to be sitting and/or sleeping in high chairs for indeterminate extended periods other than for feeding purposes. This poses an immediate risk to the health and safety of children in care.
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Licensee stated that she is permanently closing her day care as a result of the allegations brought forth against her and has therefore surrendered her license effective 08-31-2024.
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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: Alice Juarez
LICENSING EVALUATOR NAME: Scott Herring
LICENSING EVALUATOR SIGNATURE:

DATE: 08/30/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/30/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 3