Marilu Hernandez Family Child Care

CCR 102370(d) · Type A

102370(d): Criminal Record Clearance: "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:" This requirement is not met as evidenced by: Based on observation and record review, the licensee did not comply with the section cited above as there is an assistant who has not cleared fingerprints that is caring for children in care which poses an immediate health, safety or personal rights risk to persons in care.

CCR 102416.5(a) · Type A

102416.5(a): Staffing Ratio and Capacity: The capacity specified on the license shall be the maximum number of children for whom care may be provided at any one time. This requirement is not met as evidenced by: Based on observation and record review, the licensee did not comply with the section cited above as during today's inspection there are 4 infants and 9 preschool age child present which poses an immediate health, safety or personal rights risk to persons in care.

Unsubstantiated

ALLEGATION(S): Licensee yells at day care children Licensee did not administer day care child's prescription medications Licensee did not ensure day care child wore medical helmet Licensee called day care children inappropriate name INVESTIGATION FINDINGS: On March 6th, 2024 at approximately 11:00am, Licensing Program Analyst (LPA) Tapia-Mandujano conducted an unannounced, complaint investigation and met with licensee, Marilu V. Hernandez regarding the above allegations and explained the purpose of the visit. LPA toured the home for health and safety hazards. Complaint was received by the Department on 12/08/23. Present in the facility are licensee and assistant supervising 11 children (4 infants and 7 preschoolers). All adults working or living in the facility have fingerprint clearance and are associated. During the course of the investigation, interviews were conducted with licensee, parents, assistant, and involved parties. As well as, relevant documents were gathered. The investigation determined there is not enough available information to prove that Licensee yells at day care children, Licensee did not administer day care child's prescription medications, Licensee did not ensure day care child wore medical helmet, and/or that Licensee called day care children inappropriate name. Although the allegations above may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore, the above allegations are UNSUBSTANTIATED. After today’s visit, an exit interview was conducted with licensee, Marilu V. Hernandez. A copy of this report was reviewed, translated into Spanish, and provided to licensee. Upon receipt of this report, Licensee shall post the Notice of Site Visit. The report and the Notice of Site Visit shall be posted for 30 consecutive days. Failure to maintain postings as required, will result in an immediate $100 civil penalty. This report is public and can be reviewed. Unsubstantiated Estimated Days of Completion:

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: This requirement is not met as evidenced by: Based on observation and record review, the licensee did not comply with the section cited above as there is an unfingerprinted and not assocaited caring for children in care which poses an immediate health, safety or personal rights risk to persons in care.