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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 240402889
Report Date: 09/08/2025
Date Signed: 09/08/2025 03:05:02 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 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
08/21/2025 and conducted by Evaluator Aurelio Mendoza
PUBLIC
COMPLAINT CONTROL NUMBER: 04-CC-20250821111944
FACILITY NAME:OUR LADY OF MIRACLES PRESCHOOLFACILITY NUMBER:
240402889
ADMINISTRATOR:JOLEEN GOMESFACILITY TYPE:
850
ADDRESS:370 LINDEN AVENUETELEPHONE:
(209) 854-0017
CITY:GUSTINESTATE: CAZIP CODE:
95322
CAPACITY:48CENSUS: 11DATE:
09/08/2025
UNANNOUNCEDTIME BEGAN:
11:30 AM
MET WITH:Staff #1TIME COMPLETED:
03:30 PM
ALLEGATION(S):
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Staff does not ensure playground area is free of animal feces.
Staff does not ensure outdoor pavement is in good repair.
INVESTIGATION FINDINGS:
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On 09/08/2025, Licensing Program Analyst (LPA) Aurelio Mendoza conducted an unannounced complaint inspection at the facility to deliver findings for the above allegations. LPA met with Staff #1, who accompanied LPA during a tour of both indoor and outdoor areas of the facility. LPA explained the allegations, conducted a census, and stated the purpose of the inspection was to deliver complaint findings.

During the investigation, LPA interviewed the reporting party, staff, parents of enrolled children, and children in care. LPA also reviewed records provided by the reporting party and the facility. In addition, LPA conducted onsite inspections on 08/26/2025 and 08/28/2025. (Continued on LIC9099-C)
Substantiated
Estimated Days of Completion: 90
SUPERVISORS NAME: Joseph Pacheco
LICENSING EVALUATOR NAME: Aurelio Mendoza
LICENSING EVALUATOR SIGNATURE:

DATE: 09/08/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/08/2025
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 8
Control Number 04-CC-20250821111944
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: OUR LADY OF MIRACLES PRESCHOOL
FACILITY NUMBER: 240402889
VISIT DATE: 09/08/2025
NARRATIVE
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The investigation revealed that multiple children had come into contact with cat feces while playing on the playground. In one instance, child #1 soiled their shirt on or about 08/20/2025. Staff changed the child’s shirt, bagged the soiled clothing, and provided a note to the parent at pickup explaining the incident. During inspections, LPA directly observed cat feces in the playground area. Staff confirmed that they rotate cleaning duties due to stray cats entering the playground.

Staff #1 provided documentation showing that the facility had taken active steps to address these concerns. On 08/28/2025, the facility provided an order summary referencing a cobweb duster with an extension pole, a washable cleaning duster kit with two duster heads, a cobweb duster, a corner brush, a 15–100 inch aluminum telescoping pole, and a two-piece “Watch Your Step” sign with a metal stake measuring 12 inches by 9 inches in corrugated plastic. These items were intended to alert children, staff, and the public to tripping hazards. Another invoice dated 08/28/2025 indicated that a motion-activated sprinkler designed to deter animals such as cats, birds, and dogs was anticipated for delivery the following day. Additionally, an upgraded 2025 solar-powered ultrasonic animal repeller for outdoor use with a motion sensor was expected to arrive on 08/29/2025. A previous invoice dated 08/09/2025 documented that cat repellent granules to deter rabbits, dogs, and cats were delivered on 08/11/2025.

These actions demonstrate the facility’s proactive efforts to maintain compliance with California Code of Regulations, Title 22, Division 12, Chapter 1, and to regularly clean and monitor the playground area for animal feces. On 09/08/2025, LPA did not observe cat feces on the playground. A trash receptacle within the playground had a new liner without fecal matter. LPA reviewed the Playground Maintenance Schedule, which showed the staff responsible for ensuring the playground remains clean and free of animal feces. LPA also confirmed that motion detectors on the playground were working and activated with sound when triggered.
Regarding the walkway to the playground, LPA observed that the cement pathway had been filled and leveled to address a tripping hazard near a tree root system. LPA walked the pathway and observed that the surface was smooth and no longer presented a hazard. Staff #1 stated the work was completed by a volunteer on 09/06/2025.

LPA acknowledges the facility’s corrective actions and cooperation to support the health and safety of children in care. Citations are still being issued because the complaint allegations were substantiated through interviews, record review, and prior LPA observations. (Continued on LIC9099-C)

SUPERVISORS NAME: Joseph Pacheco
LICENSING EVALUATOR NAME: Aurelio Mendoza
LICENSING EVALUATOR SIGNATURE:

DATE: 09/08/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/08/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 8
Control Number 04-CC-20250821111944
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: OUR LADY OF MIRACLES PRESCHOOL
FACILITY NUMBER: 240402889
VISIT DATE: 09/08/2025
NARRATIVE
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Based on observations, interviews, and record review, the preponderance of evidence standard has been met. Therefore, the allegation that staff does not ensure the playground area is free of animal feces is substantiated. This poses a potential risk to children in care and is cited as a Type B violation.

Regarding the allegation that staff does not ensure outdoor pavement is in good repair, LPA observed uneven cement surfaces and holes along the pathway leading to the playground. Tree roots had lifted sections of the pavement, creating tripping hazards. Staff and children regularly use this pathway to access the playground. Staff #1 confirmed that bright orange paint had been applied to highlight the hazard, and “Watch Your Step” signs were ordered to provide additional alert. However, the walkway remained uneven and required repair to mitigate the risk. Based on observations, interviews, and record review, the preponderance of evidence standard has been met. Therefore, the allegation that staff does not ensure outdoor pavement is in good repair is substantiated. This condition posed a potential health and safety risk to children in care and is cited as a Type B violation.

Per California Code of Regulations, Title 22, Division 12, Chapter 1, these deficiencies are cited on the attached LIC 9099D.

An exit interview was conducted with Staff #1. A copy of this report and Appeal Rights were provided and discussed. An LIC 9213 (Notice of Site Visit) was issued, and Staff #1 was instructed that it must be posted for 30 days. (End of Report)
SUPERVISORS NAME: Joseph Pacheco
LICENSING EVALUATOR NAME: Aurelio Mendoza
LICENSING EVALUATOR SIGNATURE:

DATE: 09/08/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/08/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 8
Control Number 04-CC-20250821111944
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: OUR LADY OF MIRACLES PRESCHOOL
FACILITY NUMBER: 240402889
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/08/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
09/08/2025
Section Cited
CCR
101223(a)(2)
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Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.
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Staff #1 agreed to ensure cat feces are removed from the outdoor play area before children use the playground. Staff #1 will provide a training agenda showing staff are informed of their responsibility to inspect and clean the playground prior to use. A daily staff inspection log will be submitted to LPA/Fresno Child Care Licensing by 10/07/2025.
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This requirement was not met as evidenced by:

Staff #1 stated that cat feces have been an ongoing issue due to stray cats near the school. LPA’s observations, record review, and interviews confirmed that children have come into contact with cat feces on the playground, indicating that staff did not ensure healthful accommodations.

This is a potential risk to the health, safety, and personal rights of children.
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Type B
09/08/2025
Section Cited
CCR
101238.2(b)(2)
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Outdoor Activity Space (b) The outdoor activity space shall be situated to: (2) Permit children to reach the outdoor activity space safely.
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The facility will smooth and level the grade on the pathway to the playground by filling the cement pathway as needed. Proof of completion, including photos, will be submitted to LPA/Fresno Child Care Licensing by 10/07/2025.
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This requirement is not met as evidenced by:

During the investigation, LPA observed the cement pathway to the playground was raised by tree roots and contained holes, posing a potential health, safety, and personal rights risk to children in care.

This is a potential risk to the health, safety, and personal rights of children.
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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: Joseph Pacheco
LICENSING EVALUATOR NAME: Aurelio Mendoza
LICENSING EVALUATOR SIGNATURE:

DATE: 09/08/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/08/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 8
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 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
08/21/2025 and conducted by Evaluator Aurelio Mendoza
PUBLIC
COMPLAINT CONTROL NUMBER: 04-CC-20250821111944

FACILITY NAME:OUR LADY OF MIRACLES PRESCHOOLFACILITY NUMBER:
240402889
ADMINISTRATOR:JOLEEN GOMESFACILITY TYPE:
850
ADDRESS:370 LINDEN AVENUETELEPHONE:
(209) 854-0017
CITY:GUSTINESTATE: CAZIP CODE:
95322
CAPACITY:48CENSUS: DATE:
09/08/2025
UNANNOUNCEDTIME BEGAN:
11:30 AM
MET WITH:Staff #1TIME COMPLETED:
03:30 PM
ALLEGATION(S):
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2
3
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5
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9
Staff does not ensure facility is free of insects.
INVESTIGATION FINDINGS:
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On 09/08/2025, Licensing Program Analyst (LPA) Aurelio Mendoza conducted an unannounced complaint inspection at the facility to deliver findings for the above allegation. LPA met with Staff #1, who accompanied LPA during a tour of both the indoor and outdoor areas of the facility. LPA explained the allegation, conducted a census, and stated that the purpose of the inspection was to deliver complaint findings.

Regarding the allegation that staff does not ensure the facility is free of insects, the investigation determined the allegation to be unsubstantiated. During the investigation, LPA interviewed the reporting party, staff, parents of enrolled children, and children in care. LPA also reviewed records provided by the reporting party and facility records. In addition, LPA conducted onsite inspections of the facility’s indoor and outdoor areas on 08/26/2025 and 08/28/2025. (Continued on LIC9099-C)
Unsubstantiated
Estimated Days of Completion: 90
SUPERVISORS NAME: Joseph Pacheco
LICENSING EVALUATOR NAME: Aurelio Mendoza
LICENSING EVALUATOR SIGNATURE:

DATE: 09/08/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/08/2025
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 5 of 8
Control Number 04-CC-20250821111944
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO CC RO, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: OUR LADY OF MIRACLES PRESCHOOL
FACILITY NUMBER: 240402889
VISIT DATE: 09/08/2025
NARRATIVE
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Conflicting interview statements were obtained. Some individuals reported observing insects, while others acknowledged that occasional pest activity may occur due to the facility’s location in a town surrounded by fields. However, none of the statements indicated an active infestation. Record review of a representative sample of children’s files did not reveal patterns of insect-related concerns or health issues.

LPA reviewed a pest service invoice dated 08/09/2025, which confirmed that the facility receives regular pest control services. The invoice documented that the provider removed webs, treated the exterior perimeter of the church and school, and applied a liquid barrier to reduce crawling pest activity. The invoice referenced the facility’s address on file with Child Care Licensing, verifying that the service was provided at OLM Church & School. Additionally, statements indicated that the local mosquito abatement agency has provided services to reduce mosquito activity in the area.

Staff #1 provided order summary documentation showing additional steps the facility has taken to support keeping the facility free of insects. On 08/28/2025, the facility ordered a cobweb duster with extension pole, a washable cleaning duster kit with two duster heads, a cobweb duster, a corner brush, and a 15–100 inch aluminum telescoping pole. These items were intended to assist staff with reaching high or hard-to-access areas for cleaning and pest prevention. While these orders demonstrate the facility’s efforts, LPA explained during the inspection that, although supportive of a pest-free environment, the available information did not confirm whether all prior measures fully prevented insect activity.

During the inspections, LPA did not observe an active infestation. In a consultative manner, LPA advised facility staff to continue working with their pest control provider and communicate specific concerns to ensure ongoing monitoring and treatment.

This agency has determined that the allegation is unsubstantiated, meaning that although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur.

Per California Code of Regulations, Title 22, Division 12, Chapter 1, no deficiencies were cited. An exit interview was conducted with Staff #1. A copy of this report and Appeal Rights were provided and discussed with Staff #1. An LIC 9213 (Notice of Site Visit) was issued, and LPA instructed Staff #1 that the LIC 9213 must remain posted for 30 days. (End of Report)
SUPERVISORS NAME: Joseph Pacheco
LICENSING EVALUATOR NAME: Aurelio Mendoza
LICENSING EVALUATOR SIGNATURE:

DATE: 09/08/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/08/2025
LIC9099 (FAS) - (06/04)
Page: 6 of 8