Arguelles, Bertha

102417(g)(4) · Operation of A Family Child Care Home (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.

Deficient Practice Statement 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. POC Due Date: 04/29/2026

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102417(g)(10) · Operation of A Family Child Care Home (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).

Deficient Practice Statement 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. POC Due Date: 05/05/2026

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102418(a) · Immunizations (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.

Deficient Practice Statement 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. POC Due Date: 05/05/2026

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102417(g)(9)(A) · Operation of A Family Child Care Home (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.

Deficient Practice Statement 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. POC Due Date: 03/18/2024

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102418(g)(1) · Immunizations (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.

Deficient Practice Statement 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. POC Due Date: 03/18/2024

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102419(d)(1) · Admission Procedures and Authorized Representatives Rights (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).

Deficient Practice Statement 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. POC Due Date: 03/18/2024

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102370(d) · (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 Licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. (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 Elda Diaz Cendejas 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. Licensee will submit to Licensing Program a copy of the signed forms lic9224 on or before 7/17/2023. LPA discussed the requirements of AB633 to licensee and provided her the AB633 fact sheet and a copy of Acknowledgement of Receipt of Licensing Reports (LIC 9224) and licensee understands the requirements. SUPERVISOR'S NAME Mary Segura

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102425(b)(1)(A) · Infant Safe Sleep (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.

Deficient Practice Statement 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. POC Due Date: 08/23/2022

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102425(f) · Infant Safe Sleep An infant shall not be swaddled while in care.

Deficient Practice Statement 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. POC Due Date: 08/23/2022

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102425(j)(5) · Infant Safe Sleep 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.

Deficient Practice Statement 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. POC Due Date: 08/23/2022

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102417(g)(3) · Operation of A Family Child Care Home (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.

Deficient Practice Statement 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. POC Due Date: 09/06/2022

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102416.3(a)(6) · Alterations to Existing Building or Grounds (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.

Deficient Practice Statement 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. POC Due Date: 09/06/2022

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102419(b) · Admission Procedures and Authorized Representatives Rights (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.

Deficient Practice Statement 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. POC Due Date: 08/22/2022

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