<meta name="robots" content="noindex">
Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 153902921
Report Date: 11/16/2023
Date Signed: 11/16/2023 12:27:41 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/04/2023 and conducted by Evaluator Ruby Ocegueda
PUBLIC
COMPLAINT CONTROL NUMBER: 57-CC-20231004080659
FACILITY NAME:CHAVEZ, MARCELA FAMILY CHILD CAREFACILITY NUMBER:
153902921
ADMINISTRATOR:CHAVEZ, MARCELAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(661) 746-9345
CITY:SHAFTERSTATE: CAZIP CODE:
93263
CAPACITY:14CENSUS: 6DATE:
11/16/2023
UNANNOUNCEDTIME BEGAN:
10:00 AM
MET WITH:Marcela ChavezTIME COMPLETED:
12:45 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Children are being taken to an unknown location for care.
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On 11/16/2023, Licensing Program Analyst (LPA) Ocegueda conducted an unannounced complaint inspection for the purpose of delivering the finding to the above listed complaint allegation. Upon arrival, LPA Ocegueda provided identification and met with licensee Chavez. LPA toured the home and took a census today.

During the investigation, LPA Ocegueda conducted interviews with the Reporting Party (RP), witness(es), staff, children and Licensee. LPA also gathered facility records. The investigation revealed that multiple school aged children have been taken to licensees’ secondary business after school (a store in Shafter, CA) and also to an unknown home where adult #1 resides. Care is reportedly provided anywhere from 30 minutes to approximately an hour on most occasions. At times parents will pick up the children from the store or from the home of adult #1. According to multiple interviews, children have been taken to the store after school on multiple occasions during the week and has been a part of the weekly routine. More recently (in the last month), interviews revealed that school aged children have been taken to the home of adult #1 after school. Report continued to 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 11/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023
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 57-CC-20231004080659
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: CHAVEZ, MARCELA FAMILY CHILD CARE
FACILITY NUMBER: 153902921
VISIT DATE: 11/16/2023
NARRATIVE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Report continued from previous 9099 page

Interviews revealed that the store has toys, tables and other supplies to accommodate children and that parents were aware of the children being taken to the store and the home of adult #1 as they have picked up their children at these locations. Adult #1 does not have a criminal record clearance and the home of adult #1 is not licensed for day care (see case management report dated 11/16/2023). It is unknown if there are other adults who are uncleared in the home of adult #1.

Based upon information gathered and interviews conducted, the preponderance of the evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

Upon receipt of a Type A violation, 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. A copy of LIC 9224 was given to licensee.

An exit interview was conducted with Licensee Marcela Chavez.



Per California Code of Regulations, Title 22, Division 12, Chapter 3, the following deficiency was cited: (see 9099-D). Appeal Rights were provided today. Notice of Site Visit LIC 9213 must be posted for 30 days.
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 11/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 4
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/04/2023 and conducted by Evaluator Ruby Ocegueda
PUBLIC
COMPLAINT CONTROL NUMBER: 57-CC-20231004080659

FACILITY NAME:CHAVEZ, MARCELA FAMILY CHILD CAREFACILITY NUMBER:
153902921
ADMINISTRATOR:CHAVEZ, MARCELAFACILITY TYPE:
810
ADDRESS:536 MARK AVENUETELEPHONE:
(661) 746-9345
CITY:SHAFTERSTATE: CAZIP CODE:
93263
CAPACITY:14CENSUS: 6DATE:
11/16/2023
UNANNOUNCEDTIME BEGAN:
10:00 AM
MET WITH:Marcela ChavezTIME COMPLETED:
12:45 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Licensee did not provide toileting assistance to child in care

Licensee yells at children in care

Licensee makes child in care give her massages

Licensee does not spend required amount of time in the facility
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On 11/16/2023, Licensing Program Analyst (LPA) Ruby Ocegueda conducted unannounced complaint inspection to address the allegations stated above. LPA met with licensee Marcela Chavez, toured the facility and took a census. The purpose of this inspection was to deliver the finding for the above listed allegations.
During the course of the investigation, LPA Ocegueda conducted interviews of Reporting Party (RP), licensee, parents, children. LPA also obtained facility records. Although the allegations may have happened or may be valid, there is not a preponderance of the evidence to prove the allegation stated above, therefore the allegations were found to be UNSUBSTANTIATED.

Per California Code of Regulations, Title 22, Division 12, no deficiency is cited as it pertains to these allegations.

An exit interview was conducted with licensee Marcela Chavez. A Notice of Site Visit was posted on parent board. This report shall be made available to the public upon request. Appeal Rights were provided.

Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 11/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 57-CC-20231004080659
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: CHAVEZ, MARCELA FAMILY CHILD CARE
FACILITY NUMBER: 153902921
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/16/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
11/17/2023
Section Cited
CCR
102423(a)(2)
1
2
3
4
5
6
7
Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following: (2) To receive safe, healthful, and comfortable accommodations….This requirement was not met as evidenced by: interviews.
1
2
3
4
5
6
7
Licensee understands that taking children to her store for the purpose of providing care is not allowed and not considered a field trip. Licensee understands that care should be provided at her home that was approved by the Department and licensed for care and not at the home of any other person. Licensee stated she will provide a written statement indicating her understanding that she will cease taking the children to these locations immediately and will follow all other Title 22 regulations.
8
9
10
11
12
13
14
It was determined that licensee is providing care to children at her store in Shafter, CA and also at the home (unknown location) of adult #1 which is not licensed. This poses an immediatel risk to the health, safety and/or personal rights of children in care.
8
9
10
11
12
13
14
Licensee will also be invited to a meeting at the Fresno Regional Office (FRO) to discuss these issues further. Written statement will be submitted to the Department by POC date 11/17/2023.
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
2
3
4
5
6
7
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: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 11/16/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 4