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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 155620594
Report Date: 09/17/2026
Date Signed: 09/17/2026 06:31:31 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
08/05/2026 and conducted by Evaluator Nohemi Sanchez
PUBLIC
COMPLAINT CONTROL NUMBER: 57-CC-20260805171459
FACILITY NAME:TOBAR, ESPERANZA FAMILY CHILD CAREFACILITY NUMBER:
155620594
ADMINISTRATOR:TOBAR, ESPERANZAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(661) 446-1566
CITY:DELANOSTATE: CAZIP CODE:
93215
CAPACITY:14CENSUS: 0DATE:
09/17/2026
UNANNOUNCEDTIME BEGAN:
05:45 PM
MET WITH:Esperanza TobarTIME COMPLETED:
06:25 PM
ALLEGATION(S):
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Questionable death of infant
INVESTIGATION FINDINGS:
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On September 17, 2026, Licensing Program Analyst (LPA) Nohemi Sanchez, Licensing Program Manager (LPM) Miguel Herrera, and Regional Manager (RM) Luisa Gavoutian, conducted an unannounced complaint inspection to provide findings for the above allegations. LPA, LPM, and RM met with licensee, Esperanza Tobar. Licensee is Spanish speaking. LPA Sanchez provided Spanish interpretation. LPA Sanchez is a State certified Spanish speaker. A tour of facility was conducted, and a census was taken. No children were in care.

On August 3, 2026, Emergency Medical Services (EMS) Personnel responded to licensee, Esperanza Tobar’s residence for a report of an unresponsive infant in care. Delano Police Department arrived to assist and conduct interviews with licensee.

Continued on LIC9099-C.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Miguel Herrera
LICENSING EVALUATOR NAME: Nohemi Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/17/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/17/2026
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 6
Control Number 57-CC-20260805171459
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: TOBAR, ESPERANZA FAMILY CHILD CARE
FACILITY NUMBER: 155620594
VISIT DATE: 09/17/2026
NARRATIVE
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This complaint investigation was conducted by Investigations Branch Investigator Monica Lopez. During the investigation, records and interviews established that the licensee failed to comply with multiple infant care and safe sleep requirements, creating an unsafe environment that led to the death of an infant. The licensee placed a four month old infant (I1) to sleep in an unlicensed bedroom and used an adult bed rather than a crib or play yard approved for infant sleeping. The licensee stated she had swaddled I1, positioned I1 on their side, and placed a pillow behind I1 to keep them propped. The licensee also left a milk bottle next to I1 while they slept. Licensee’s statements to Community Care Licensing and Law Enforcement were inconsistent as to the time I1 was placed down to sleep and when they were discovered unresponsive. The licensee did not conduct nor document the required fifteen minute sleep check for I1 on August 3, 2026.

Based upon review of records received and information gathered through interviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

Per Title 22, Division 12, Chapter 3 of the California Code of Regulations, the following deficiencies are to be cited on LIC 9099D.

An enhanced civil penalty was also assessed today.

LPA Nohemi Sanchez informed the licensee that this report, dated September 17, 2026 documents five Type A citations, which must be posted for 30 consecutive days due to the immediate risk to the personal rights, health, and safety of children in care. The licensee was further instructed to provide a copy of this licensing report, documenting the Type A citations, to the parents/guardians of all currently enrolled children by the next business day or the next day children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgment of Receipt of Licensing Report (LIC 9224), or another written statement, must be placed in each child’s file for verification.
A copy of the Fact Sheet – Child Care Parent Notification Requirements and the LIC 9224 Acknowledgment of Receipt of Licensing Reports was provided to the licensee.

An exit interview conducted with Licensee, Esperanza Tobar. A copy of this signed report and Appeal Rights were provided and discussed with Esperanza Tobar during today's inspection.
SUPERVISORS NAME: Miguel Herrera
LICENSING EVALUATOR NAME: Nohemi Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/17/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/17/2026
LIC9099 (FAS) - (06/04)
Page: 6 of 6
Control Number 57-CC-20260805171459
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: TOBAR, ESPERANZA FAMILY CHILD CARE
FACILITY NUMBER: 155620594
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/17/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/17/2026
Section Cited
CCR
102425(j)(1)
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The provider shall supervise infants while they are sleeping and adhere to the following requirements: The provider shall physically check on the infant every 15 minutes.
This requirement was not met as evidenced by:
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A Temporary Suspension Order was served on September 17, 2026. An Enhanced Civil Penalty of $7,500.00 was assessed during today's inspection.
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based upon interviews with licensee, staff and law enforcement. Licensee placed four-month-old infant to sleep in the bedroom without the necessary visual observation. This poses an immediate risk to the health, safety, and personal rights of children in care.
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Type A
09/17/2026
Section Cited
CCR
102425(a)
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There shall be one crib or play yard for each infant who is unable to climb out of the crib or play yard.

This requirement was not met as evidenced by:
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A Temporary Suspension Order was served on September 17, 2026. An Enhanced Civil Penalty of $7,500.00 was assessed during today's inspection.
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based upon interviews with licensee and observations. Licensee placed four-month-old infant to sleep on an adult bed in an off-limit bedroom. This poses an immediate risk to the health, safety, and 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.
SUPERVISOR'S NAME: Miguel Herrera
LICENSING EVALUATOR NAME: Nohemi Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/17/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/17/2026
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 57-CC-20260805171459
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: TOBAR, ESPERANZA FAMILY CHILD CARE
FACILITY NUMBER: 155620594
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/17/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/17/2026
Section Cited
CCR
102425(f)
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An infant shall not be swaddled while in care.

This requirement was not met as evidenced by:
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A Temporary Suspension Order was served on September 17, 2026. An Enhanced Civil Penalty of $7,500.00 was issued during today's inspection.
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based upon interview with licensee, who stated she swaddled the four-month-old infant in a blanket. This poses an immediate risk to the health, safety, and personal rights of children in care.
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Type A
09/17/2026
Section Cited
CCR
102425(d)
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The provider shall place infants up to 12 month of age on their backs for sleeping.

This requirement was not met as evidenced by
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A Temporary Suspension Order was served on September 17, 2026. An Enhanced Civil Penalty of $7,500.00 was issued during today's inspection.
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based upon interview with licensee, she placed a four-month-old infant on their side, propped by a pillow to nap. This poses an immediate risk to the health, safety, and 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.
SUPERVISOR'S NAME: Miguel Herrera
LICENSING EVALUATOR NAME: Nohemi Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/17/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/17/2026
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 57-CC-20260805171459
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: TOBAR, ESPERANZA FAMILY CHILD CARE
FACILITY NUMBER: 155620594
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/17/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/17/2026
Section Cited
CCR
102423(a)(2)
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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...
This requirement was not met as evidenced by:
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A Temporary Suspension Order was served on September 17, 2026. An Enhanced Civil Penalty of $7,500.00 was issued during today's inspection.
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interview with licensee stating she placed a four-month-old infant to sleep in an off-limit/unlicensed bedroom. Licensee further stated she placed a milk bottle next to infant and pillow behind the infant.
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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.
SUPERVISOR'S NAME: Miguel Herrera
LICENSING EVALUATOR NAME: Nohemi Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/17/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/17/2026
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 57-CC-20260805171459
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: TOBAR, ESPERANZA FAMILY CHILD CARE
FACILITY NUMBER: 155620594
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/17/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
09/17/2026
Section Cited
CCR
102425(j)(2)(D)
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The provider shall supervise infants while they are sleeping and adhere to the Following requirements: The provider shall check and document the following: Documentation shall be maintained in the infant’s file and be available to the Department for review. Documentation shall include the following: a. Date. b. Infant’s name. c. Time of each 15-minute check.
This requirement was not met as evidenced by:
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A Temporary Suspension Order was served on September 17, 2026. An Enhanced Civil Penalty of $7,500.00 was issued during today's inspection.
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based on record review of 15-minute-sleep log received by licensee. There was no documentation of licensee conducting and documenting the required 15-minute sleep checks. This poses a potential risk to the health, safety, and 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.
SUPERVISOR'S NAME: Miguel Herrera
LICENSING EVALUATOR NAME: Nohemi Sanchez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/17/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/17/2026
LIC9099 (FAS) - (06/04)
Page: 3 of 6