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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 013420281
Report Date: 01/12/2023
Date Signed: 01/19/2023 01:10:18 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
01/05/2023 and conducted by Evaluator Melanie Otsuji
PUBLIC
COMPLAINT CONTROL NUMBER: 52-CC-20230105090559
FACILITY NAME:VARSHNEY, MINAKSHIFACILITY NUMBER:
013420281
ADMINISTRATOR:VARSHNEY, MINAKSHIFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(510) 573-0809
CITY:FREMONTSTATE: CAZIP CODE:
94539
CAPACITY:14CENSUS: 18DATE:
01/12/2023
UNANNOUNCEDTIME BEGAN:
01:35 PM
MET WITH:Minakshi VarshneyTIME COMPLETED:
06:05 PM
ALLEGATION(S):
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- Provider is operating out of ratio.
- Provider is operating over capacity.
INVESTIGATION FINDINGS:
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**THIS IS AN AMENDED REPORT**On today's date, 1/12/2023, Licensing Program Analyst (LPA) Melanie Otsuji arrived to the facility at 1:35PM unannounced to conduct an initial investigation into the above allegations. Upon arrival LPA was allowed in by staff member, S1. LPA informed S1 of the reason for visit and toured the facility. Licensee, Minakshi Varshney, arrived approximately 5 minutes later. Present during today's visit were 2 fingerprint cleared staff members, 18 children (9 preschoolers, 9 infants)(SEE 9099-D for citations), and 1 adult without a proper criminal record clearance. (cited on another report).
LPA toured the facility and counted 18 children present. Licensee is licensed for a Large Family Day Care Home and can care for up to 14 children where one child must be enrolled and attending TK or above and one child must be at least age 6. None of the 18 children fall under that criteria, therefore facility is out of ratio and over capacity. Based on the interviews which were conducted and record review(s), the preponderance of evidence standard has been met. Therefore, the above allegations are found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division & Chapter Number 1), are being cited on the attached LIC 9099D. THE ATTACHED TYPE A DEFICIENCIES ARE CITED.
Upon receipt, licensee shall post and provide copies of this licensing report to parent/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. Exit interview conducted with Licensee, Minakshi Varshney.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Wynn Norona
LICENSING EVALUATOR NAME: Melanie Otsuji
LICENSING EVALUATOR SIGNATURE:

DATE: 01/12/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/12/2023
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 52-CC-20230105090559
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: VARSHNEY, MINAKSHI
FACILITY NUMBER: 013420281
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/12/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
01/13/2023
Section Cited
CCR
10246.5(a)
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10246.5(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.

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Effective immediately, Licensee is to reduce capacity to be within conditions shown on License.

LPA will return on another day to verify compliance.
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This requirement is not being met as evidence by: LPA observed 18 children present during today's visit. This poses an immediate risk to the health and safety of children in care.
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Type A
01/13/2023
Section Cited
CCR
102416(d)(2)
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102416(d)(2)Staffing Ratio and Capacity
For a Large Family Child Care Home, the maximum number of children for whom care may be provided at any one time when there is an assistant provider in the home, including children under age 10 who reside at the licensee's home and the assistant provider's children under age 10, shall be either:
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Effective immediately, Licensee is to reduce ratio to be within compliance shown within regulation 102416(d)(2).

Licensee is to write a signed and dated statement that they understand the ratios to run a large family child care home. Signed statement to be submitted to LPA no later than 1/13/2023.
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More than twelve and up to fourteen children only if the criteria in Section 1597.465 of the Health and Safety Code are met.
This requirement is not being met as evidence by: LPA observed 18 children present during today's visit none of which meet the criteria in Health & Safety Code Section 1597.465.
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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: Wynn Norona
LICENSING EVALUATOR NAME: Melanie Otsuji
LICENSING EVALUATOR SIGNATURE:

DATE: 01/12/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/12/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 4