Arguelles, Bertha

CCR 102417(g)(4) · Type A

(g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (4) Poisons, detergents, cleaning compounds, medicines, firearms and other items which could pose a danger if readily available to children shall be stored where they are inaccessible to children. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above. LPA observed a needle used to inject insulin and two adult scissors on the kitchen table near accessible to children having breakfast. Licensee threw needle in the garbage in the kitchen which poses an immediate health, safety or personal rights risk to persons in care.

HSC 1597.543 · Type B

Every family day care home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 Division 12. The department shall account for the presence of these detectors during inspections. This requirement is not met as evidenced by: Based on observation and interview, the licensee did not comply with the section cited above. Licensee stated she did not have a working carbon monoxide detector which poses/posed a potential health, safety or personal rights risk to persons in care.

CCR 102417(g)(10) · Type B

(g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (10) A baby walker shall not be allowed on the premises of a family child care home in accordance with Health and Safety Code Sections 1596.846(b) and (c). This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above. LPA observed a baby bouncer being used for infant in care which poses/posed a potential health, safety or personal rights risk to persons in care.

CCR 102418(a) · Type B

(a) Prior to admission to a family day care home, children shall be immunized against diseases as required by the California Code of Regulations, Title 17, beginning with Section 6000. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above. Child 1, 6, and 7 are either missing immunization records or need to be updated which poses/posed a potential health, safety or personal rights risk to persons in care.

CCR 102417(g)(9)(A) · Type B

(g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (9) Each family child care home shall have a written disaster plan of action prepared on a form approved by the Department. All children, age and ability permitting, and the provider, the assistant provider, and other members of the household, shall be instructed in their duties under the disaster plan. As their age and ability permit, newly enrolled children shall be informed promptly of their duties as required in the plan. (A) Each family child care home shall conduct fire drills and disaster drills at least once every six months. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above. LPA observed a fire and disaster drill log was last completed on 01/18/2023 which poses/posed a potential health, safety or personal rights risk to persons in care.

CCR 102418(g)(1) · Type B

(g) The licensee shall document each child's immunizations as required by the California Code of Regulations, Title 17, Section 6070, and shall maintain such documentation for as long as the child is enrolled. (1) This requirement includes updating each child's PM 286 (6/95) when the child is due to receive required immunizations after enrollment in the family day care home. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above. Child 2, 4, 5, and 7 immunization records need to be updated which poses/posed a potential health, safety or personal rights risk to persons in care.

CCR 102419(d)(1) · Type B

(d) At the time of acceptance of each child into care, the licensee shall provide the child's parent or authorized representative with a copy of the notice Family Child Care Home Notification of Parent's Rights, LIC 995A (8/06), the Caregiver Background Check Process, LIC 995E (6/05), and the Family child Care Consumer Awareness Information, LIC 9212 (10/05). (1) The licensee shall request the child's parent or authorized representative to sign and date the bottom portion of the notice form LIC 995A (8/06), which acknowledges that the parent or authorized representative has received and read the LIC 995A. The bottom portion of this form must be kept in the child’s file as proof that the parent or authorized representative has been notified of his or her rights and received a copy of the Caregiver background Check Process, LIC 995E (6/05), and the Family Child Care Consumer Awareness Information, LIC 9212 (10/05). This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above. Child 7 is missing LIC995 which poses/posed a potential health, safety or personal rights risk to persons in care.

CCR 102370(d) · Type A

(d) 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 or (2)Request a transfer of a criminal record clearance as specified in Section 102370(j) or (3) Request and be approved for a transfer of a criminal record exemption, as specified in Section 102370.1(p), unless, upon request for a transfer, the Department permits the individual to be employed, reside or be present at the facility.Licensee Bertha Arguelles allowed employee E.D.C. to work with the children in Bertha’s Family Child Care Home (FCCH) for the period 2/27/23 to 3/19/23 as Bertha has stated before, without having a criminal records clearance. LPA observed the employee is not longer working at Bertha's FCCH.

ALLEGATION(S): Daycare child sustained unexplained injuries while in care. INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) F.C. met with Bertha Arguelles, licensee, for a follow up complaint investigation. The purpose of today inspection: Deliver the findings for the allegation stated above. Allegation was investigated by the Investigation Branch (IB). LPA observed nine children were in care included four infants and five preschool age. Licensee's helper G.G. was also present in the Family Child Care Home. Based on interviews, and information gathered during the investigation process, the Department concludes that a child had an unexplained injury, however it did not result in a deficiency of the title 22 Regulations, therefore not citations have been issued. It is thus concluded that the above allegation is found to be SUBSTANTIATED, meaning the allegation is valid because the preponderance of the evidence standard has been met. A NOTICE OF SITE VISIT WAS ISSUED, POSTED NEAR THE ENTRANCE TO THE FACILITY, AND MUST REMAIN POSTED FOR 30 DAYS. Substantiated Estimated Days of Completion:

CCR 102425(b)(1)(A) · Type A

(b) Cribs or play yards shall be free from all loose articles and objects. (1) Pacifiers shall be allowed in the crib or play yard if the following provisions are in place: (A) There shall not be anything attached to the pacifier. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above, LPAs observed two sleeping infants,(EW and JO) with pacifiers with cord attached which poses an immediate health, safety or personal rights risk to persons in care.

CCR 102425(f) · Type A

An infant shall not be swaddled while in care. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above, LPAs observed a sleeping infant (JO) swaddled in crib, which poses an immediate health, safety or personal rights risk to persons in care.

CCR 102425(j)(5) · Type A

The provider shall supervise infants while they are sleeping and adhere to the following requirements: If the infant is sleeping in a separate room from where the provider is stationed, the door to the room the infant is sleeping in shall remain open at all times. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above, LPAs observed a closed door to a room with sleeping infants, which poses an immediate health, safety or personal rights risk to persons in care.

CCR 102417(g)(3) · Type B

(g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (3) Where children are less than five years old are in care, stairs shall be fenced or barricaded. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above, LPAs observed a broken stair barricade that was no put in place, was leaning against the bottom stair wall, which poses/posed a potential health, safety or personal rights risk to persons in care.

HSC 1596.8662(b)(1) · Type B

(1) On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child day care provider, administrator, or employee of a licensed child day care facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a), and shall complete renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. This requirement is not met as evidenced by: Based on observation and record review, the licensee did not comply with the section cited above, LPA observed that licensee last completed Mandated Reporter Training on 01/23/2019, which poses/posed a potential health, safety or personal rights risk to persons in care.

CCR 102416.3(a)(6) · Type B

(a) Prior to making alterations or additions to a family child care home or grounds, the licensee shall notify the Department of the proposed 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. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above , LPAs observed two infants sleeping in a former off limit room, which poses/posed a potential health, safety or personal rights risk to persons in care.

CCR 102419(b) · Type B

(b) The licensee shall post the PUB 394 (8/02), Family Child Care Home Notification of Parents’ Rights Poster in a prominent, publicly accessible area in the family child care home at all times children are in care. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above, LPAs did not observe the requrired PUB 394 posted, which poses/posed a potential health, safety or personal rights risk to persons in care.

HSC 1597.622(a)(1) · Type B

(1) Commencing September 1, 2016, a person shall not be employed or volunteer at a family day care home if he or she has not been immunized against influenza, pertussis, and measles. Each employee and volunteer shall receive an influenza vaccination between August 1 and December 1 of each year. This requirement is not met as evidenced by: Based on observation and record review, the licensee did not comply with the section cited above, LPA reviewed assistant file and file did have proof of immunization for pertussis, which poses/posed a potential health, safety or personal rights risk to persons in care.