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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 543904989
Report Date: 09/20/2022
Date Signed: 09/20/2022 02:59:31 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, 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
09/09/2022 and conducted by Evaluator Norma Lomeli
PUBLIC
COMPLAINT CONTROL NUMBER: 57-CC-20220909125617
FACILITY NAME:RAMIREZ, VICTORIA FAMILY CHILD CAREFACILITY NUMBER:
543904989
ADMINISTRATOR:RAMIREZ, VICTORIAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(559) 747-5941
CITY:FARMERSVILLESTATE: CAZIP CODE:
93223
CAPACITY:14CENSUS: 5DATE:
09/20/2022
UNANNOUNCEDTIME BEGAN:
01:35 PM
MET WITH:Victoria RamirezTIME COMPLETED:
03:30 PM
ALLEGATION(S):
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Day care child was sexually abused by a minor in the home.
A child in the home poses a risk to day-care children.
Licensee does not provide adequate supervision to day-care children.
INVESTIGATION FINDINGS:
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On 09/20/22, Regional Manager (RM), Alice Juarez, Licensing Program Manager (LPM), Luisa Gavoutian and Licensing Program Analyst (LPA), Norma Lomeli who is Bilingual-Certified, arrived at the facility to conduct an unannounced complaint inspection. The purpose of today's inspection was to deliver investigation findings and close complaint. During today's inspection, LPA Lomeli provided interpretation services and explained the allegations to Licensee, Victoria Ramirez in Spanish. LPA took census and observed five day care children napping on mats in the day care room.
Based upon the interviews and information which were obtained through the Investigations Bureau and the Farmersville Police Department, in late April 2021, the licensee left the facility. While away from the facility, Staff #1 was left in charge of the day care children with Individual #1(I1) being present. While in care I1 guided Child #1 to an off-limits area and sexually abused Child #1.

(Continued on LIC9099-C):
Substantiated
Estimated Days of Completion: 0
SUPERVISORS NAME: Duane Matsubara
LICENSING EVALUATOR NAME: Norma Lomeli
LICENSING EVALUATOR SIGNATURE:

DATE: 09/20/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2022
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 4
Control Number 57-CC-20220909125617
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: RAMIREZ, VICTORIA FAMILY CHILD CARE
FACILITY NUMBER: 543904989
VISIT DATE: 09/20/2022
NARRATIVE
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Based upon information gathered through interviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated.
Per California Code of Regulations, Title 22, Division 12, Chapter 3, these deficiencies are being cited on the attached LIC9099-D.

Exit interview conducted with Ms. Ramirez. The 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.
LPA Lomeli informed Spanish-speaking Licensee, Victoria Ramirez that this report dated 09/20/22, documents three Type A citations which shall be posted for 30 consecutive days as they are an immediate risks to the health, safety, or personal rights of children in care.

Also, LPA Lomeli informed the licensee to provide a copy of this licensing report dated (09/20/22) that documents any Type A citations 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. Licensee stated that she thoroughly understood the interpretation services provided by LPA Lomeli.
SUPERVISORS NAME: Duane Matsubara
LICENSING EVALUATOR NAME: Norma Lomeli
LICENSING EVALUATOR SIGNATURE:

DATE: 09/20/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 57-CC-20220909125617
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: RAMIREZ, VICTORIA FAMILY CHILD CARE
FACILITY NUMBER: 543904989
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/20/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/20/2022
Section Cited
HSC
1596.885
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Conduct Inimical Health and Safety Code Section 1596.885(c): Conduct which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of this state. This requirement was not met as evidenced by a complete investigation conducted
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On 09/20/2022, a Temporary Suspension Order was served to Spanish-speaking Licensee.
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 by the interviews and records review. Child #1 was sexuallty abused while in care as described on LIC9099.
This poses as an immediate risk to the health, safety, or personal rights of children in care.
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Type A
09/20/2022
Section Cited
CCR
102423(a)(1)
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Personal Rights. 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: To be treated with
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On 09/20/2022, a Temporary Suspension Order was served to Spanish-speaking Licensee.
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dignity in his/her personal relationship with staff and other persons. This requirement was not met as evidenced by interviews and record review. Child #1 was sexuallty abused while in care as described on LIC9099. This poses as an immediate risk to the health, 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: Duane Matsubara
LICENSING EVALUATOR NAME: Norma Lomeli
LICENSING EVALUATOR SIGNATURE:

DATE: 09/20/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 4
Control Number 57-CC-20220909125617
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: RAMIREZ, VICTORIA FAMILY CHILD CARE
FACILITY NUMBER: 543904989
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/20/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/20/2022
Section Cited
CCR
102417(a)
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Operation of a FCCH. The licensee shall be present in the home and shall ensure that children in care are supervised at all times. When circumstances require the licensee to be temporarily absent from the home, the licensee shall arrange for a substitute adult to care for and supervise the children during his/
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On 09/20/2022, a Temporary Suspension Order was served to Spanish-speaking Licensee.
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her absence. This requirement was not met as evidenced by interviews and records review. Child #1 was sexuallty abused while in care as described on LIC9099. This poses as an immediate risk to the health, 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: Duane Matsubara
LICENSING EVALUATOR NAME: Norma Lomeli
LICENSING EVALUATOR SIGNATURE:

DATE: 09/20/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/20/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 4