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Department of
SOCIAL SERVICES

Community Care Licensing


FACILITY EVALUATION REPORT

Facility Number: 543911262
Report Date: 10/07/2022
Date Signed: 10/07/2022 01:45:08 PM

Document Has Been Signed on 10/07/2022 01:45 PM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME:TORRES, ROSALVA FAMILY CHILD CAREFACILITY NUMBER:
543911262
ADMINISTRATOR:TORRES, ROSALVAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(559) 738-0140
CITY:VISALIASTATE: CAZIP CODE:
93291
CAPACITY: 14TOTAL ENROLLED CHILDREN: 14CENSUS: 4DATE:
10/07/2022
TYPE OF VISIT:Case Management - DeficienciesUNANNOUNCEDTIME BEGAN:
12:45 PM
MET WITH:Rosalva TorresTIME COMPLETED:
01:45 PM
NARRATIVE
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On October 7, 2022, Licensing Program Analyst (LPA) Kari McWilliams, Licensing Program Manager (LPM), Luisa Gavoutian and Regional Manager (RM), Alice Juarez arrived at the facility to conduct an unannounced case management inspection. RM Juarez, whom is a certified Spanish speaker, provided interpretation services as Licensee is predominantly Spanish speaking. The purpose of the case management inspection was to address deficiencies observed during the course of a complaint investigation conducted by the Department’s Investigation Branch (IB).

During a complaint investigation conducted by IB Investigator Mariana Lomeli on 05/23/2022 and the annual inspection conducted by Licensing Program Analyst’s (LPAs) Kari McWilliams and Robert Gutierrez on 05/12/2022, Licensee failed to inform that there was an uncleared adult (A2) living in the home. On 5/12/2022 and 05/23/2022, Licensee confirmed that she lived in the home with her husband, her adult son and an adult daughter. On 9/28/2022, Licensee informed Investigator Lomeli that she was aware Investigator interviewed children and wanted to inform Investigator that an uncleared adult #2 (A2) was residing in the home. It was clarified by the Licensee that A2 has been residing in home for approximately one year. Licensee failed to be truthful to the Department regarding the adult residing in the home. Although A2 received a criminal record clearance as of 7/26/2022, a civil penalty is being assessed today due to adult residing in the home for approximately one year without a criminal record clearance.

During a complaint investigation conducted by Investigator Lomeli on 05/23/2022 and 07/19/2022, and the annual inspection conducted by LPAs McWilliams and Gutierrez on 05/12/2022 Licensee informed that children only have access to the daycare room, kitchen, bathroom, and living room. During a complaint investigation conducted by Investigator Lomeli on 09/28/2022, Licensee informed that an infant (C2) slept in the bed with her adult daughter and A2 slept on the floor. Licensee also confirmed that three other children slept in the master bedroom on mats on the floor. Both bedrooms were identified as “off limit” rooms on the
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SUPERVISORS NAME: Luisa Gavoutian
LICENSING EVALUATOR NAME: Kari McWilliams
LICENSING EVALUATOR SIGNATURE: DATE: 10/07/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE: DATE: 10/07/2022
This report must be available at Child Care and Group Home facilities for public review for 3 years.

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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: TORRES, ROSALVA FAMILY CHILD CARE
FACILITY NUMBER: 543911262
VISIT DATE: 10/07/2022
NARRATIVE
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facility sketch verified by LPAs McWilliams and Gutierrez on 5/12/2022 and Investigator Lomeli on 5/23/2022.

Licensee failed to be truthful to the Department regarding the areas of the home where care and supervision are provided to children. Furthermore, based off interviews conducted throughout the course of the investigation, Licensee disclosed that C2, an infant, sleeps in an adult bed with Licensee’s adult daughter while providing overnight care. Per safe sleep guidelines, all infants must sleep in a crib or play yard if unable to climb out of a crib or play yard.

A complaint investigation conducted by Investigator Lomeli revealed that Licensee has failed to provide adequate care and supervision that has resulted in the abuse of children. During a complaint investigation conducted by Investigator Lomeli, it was found that Licensee failed to report an unusual incident related to suspected child abuse and also failed to report Visalia Police Detective meeting with A1 regarding the suspected child abuse to the Department per the Department’s reporting requirement guidelines.

During a complaint investigation conducted by Investigator Lomeli on 05/23/2022 and 07/19/2022, Licensee failed to provide a current roster of the children. Furthermore, Licensee failed to provide Investigator Lomeli emergency paperwork for at least C3 and C2 was not listed on the roster.

Finally, During a complaint investigation conducted by Investigator Lomeli on 05/23/2022, Licensee disclosed that her hours of operation are Monday – Friday, 0700-1700 hours. On 07/19/2022, Licensee disclosed to Investigator Lomeli that her hours of operation are Monday – Friday, 0500-1700 hours and later stated that six children attend the daycare from 1800-0600 hours. Licensee provided Investigator Lomeli with a program statement, which indicates the facility operates 24 hours a day, seven days a week.

The licensee’s many dishonest statements to the Department are cause for concern, including that a person without a criminal record clearance is living at the facility. Given the licensee’s repeated misstatements, the Department cannot trust that the licensee will be truthful. Licensee is being issued a citation for Health and Safety Code (HSC) 1596.885 “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.”

An exit interview was conducted with Licensee Rosalva Torres.
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SUPERVISORS NAME: Luisa Gavoutian
LICENSING EVALUATOR NAME: Kari McWilliams
LICENSING EVALUATOR SIGNATURE:

DATE: 10/07/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/07/2022
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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: TORRES, ROSALVA FAMILY CHILD CARE
FACILITY NUMBER: 543911262
VISIT DATE: 10/07/2022
NARRATIVE
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Per Title 22, Division 12, Chapter 3, of the California Code of Regulations, the following deficiencies are being cited: (see next page, LIC 809 D) Licensee was provided a copy of appeal rights.

RM Juarez informed licensee Rosalva Torres that this report dated 10/7/2022 document(s) 5 Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.

Also, RM Juarez informed the licensee to provide a copy of this licensing report dated 10/7/2022 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.

Notice of site visit was provided and must remain posted for 30 days.
SUPERVISORS NAME: Luisa Gavoutian
LICENSING EVALUATOR NAME: Kari McWilliams
LICENSING EVALUATOR SIGNATURE:

DATE: 10/07/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/07/2022
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Document Has Been Signed on 10/07/2022 01:45 PM - It Cannot Be Edited


Created By: Kari McWilliams On 10/07/2022 at 09:18 AM
Link to Parent Document Below:
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: TORRES, ROSALVA FAMILY CHILD CARE
FACILITY NUMBER: 543911262

DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/07/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
10/07/2022
Section Cited
HSC
1596.885

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The department may deny an application for or suspend or revoke any license, registration... following grounds and in the manner provided in this act:...(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.
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On 10/7/2022, a Temporary Suspension Order was served to Sapnish-speaking Licensee.
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This requirement was not met as evidenced by a complete investigation conducted by the interviews and record review that the Licensee was repeatedly dishonest that is described in LIC 809. This poses as an immediate risk to health, safety, or personal rights of children in care.
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Type A
10/07/2022
Section Cited
CCR102370(d)(1)

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All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 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.
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On 10/7/2022, a Temporary Suspension Order was served to Sapnish-speaking Licensee.
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This requirement was not met as evidenced by a complete investigation conducted by the interviews and record review that there was an uncleared adult residing in the home as described in the LIC 809.
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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:Luisa Gavoutian
LICENSING EVALUATOR NAME:Kari McWilliams
LICENSING EVALUATOR SIGNATURE:
DATE: 10/07/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE: 10/07/2022


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Document Has Been Signed on 10/07/2022 01:45 PM - It Cannot Be Edited


Created By: Kari McWilliams On 10/07/2022 at 09:28 AM
Link to Parent Document Below:
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: TORRES, ROSALVA FAMILY CHILD CARE
FACILITY NUMBER: 543911262

DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/07/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
10/07/2022
Section Cited
CCR
102416.3(a)(6)

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(a) Prior to making alterations or additions to a family child care home or grounds, the licensee shall notify the Department of the propsed changed, including, but not limited to, the following: (6) any change from an area of the family child care home previously identified as "off limits" to an area where care and supervision will be provided to children in care.
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On 10/7/2022, a Tempoary Suspension Order was served to Spanish-speaking Licensee.
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This requirement was not met as evidenced by a complete investigation conducted by the interviews that care was being provided in "off limit" rooms as described in the LIC 809. This poses as an immediate risk to the health, safety, or personal rights to children in care.
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Type A
10/07/2022
Section Cited
CCR102416.2(c)(1)

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In addition to the events specified in Health and Safety Code Sections 1597.467(b)(1)(A) through (b)(1)(C), the licensee shall report the following events to the Department: (1) Any suspected child abuse or negelct, as defined in Penal Code Section 11165.6, of any child in care, inaddition to reporting requirements
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On 10/7/2022, a Temporary Suspension Order was served to Spanish-speaking Licensee.
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pursuant to Penal Code Section 11166. This requirement was not met as evidenced by a complete invesitgation conducted by interviews and record review. Child #1 was innapropriately touched while in care and it was not reported as described in LIC 809. This poses an immediate risk to the health, safety, or personal right 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:Luisa Gavoutian
LICENSING EVALUATOR NAME:Kari McWilliams
LICENSING EVALUATOR SIGNATURE:
DATE: 10/07/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE: 10/07/2022


LIC809 (FAS) - (06/04)
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Document Has Been Signed on 10/07/2022 01:45 PM - It Cannot Be Edited


Created By: Kari McWilliams On 10/07/2022 at 09:34 AM
Link to Parent Document Below:
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: TORRES, ROSALVA FAMILY CHILD CARE
FACILITY NUMBER: 543911262

DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/07/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
10/07/2022
Section Cited
CCR
102425(a)

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(a) There shall be on 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 a complete investigation conducted by the interview and records review. C2 was not placed in a crib as described in LIC809.
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On 10/7/2022, a Temporary Suspension Order was served to Spanish-speaking Licensee.
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this poses as an immediate risk to the health, safety, or personal rights of children in care.
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Type A
10/07/2022
Section Cited
CCR102417(a)

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The licensee shall be present in the home and shall ensure that children in care are supervised at all times.
This requirement was not met as evidenced by a complete investigation, interviews and records review that
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On 10/7/2022, a Temporary Suspension Order was served to Spanish-speaking Licensee.
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Licensee was not ensuring C1 was supervised at all times as decribed in LIC809. This poses 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.
SUPERVISOR'S NAME:Luisa Gavoutian
LICENSING EVALUATOR NAME:Kari McWilliams
LICENSING EVALUATOR SIGNATURE:
DATE: 10/07/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE: 10/07/2022


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Document Has Been Signed on 10/07/2022 01:45 PM - It Cannot Be Edited


Created By: Kari McWilliams On 10/07/2022 at 09:41 AM
Link to Parent Document Below:
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: TORRES, ROSALVA FAMILY CHILD CARE
FACILITY NUMBER: 543911262

DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/07/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
10/07/2022
Section Cited
CCR
102417(g)(8)

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Each family child care home shall have a current roster of children as specified in Health and Safety Code Section 1596.841.
This requirement was not met as evidencend by a complete investigation conducted by the interviews and record review that Licensee did not have a
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On 10/7/2022, a Temporary Suspension Order was served to Spanish-speaking Licensee.
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current child roster as described in LIC 809. This poses a potential risk to the health, safety or personal right of children in care.
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Type B
10/07/2022
Section Cited
CCR102421(b)

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The licensee shall maintain, in each child's record, a copy of the emergency information card as required in Section 102417(g)(7).
This requirement was not met as evidenced by a complete investigation conducted by with the interviews and record review that C2 and C3
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On 10/7/2022, a Temporary Suspension Order was served to Spanish-speaking Licensee.
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did not have emergency information as described in the LIC 809. This poses a potential 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.
SUPERVISOR'S NAME:Luisa Gavoutian
LICENSING EVALUATOR NAME:Kari McWilliams
LICENSING EVALUATOR SIGNATURE:
DATE: 10/07/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:
DATE: 10/07/2022


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