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25 | Licensing program analyst (LPA) Dianna Valdez Santana conducted a case management visit due to a deficiency observed during complaint investigation visit on 03/22/2023. On 03/22/2023, LPA Valdez Santana arrived at the facility at 12:30pm. LPA met with licensee, Rasika Fernando and toured the facility. During the inspection, LPA Valdez Santana observed 2 staff members and one volunteer providing care for 14 children. Of the 14 children in care, 4 of whom were infants, 6 preschool age children and 4 school age children.
Based on LPA observations, interview and record reviews, daily sign in sheet the facility was operating over capacity. The facility representative was advised of over capacity violation and a correction needs to be made by today. Capacity compliance has to be maintained at all times for the safety of the children in care. LPA provided licensee a copy of the Department’s Capacity Regulations for her reference since this is a repeat violation within the same year. Licensee stated she normally operates at a 12 capacity with four infants allowed but today one of the school age children missed school and was dropped off 10:50am along with their infant sibling, leaving her over capacity. Since she normally operates at a capacity of 12, four of whom are infants, licensee did not realize she was over capacity since she did not exceed 14 children. The facility is licensed to care for 14 children but cannot exceed 3 infants (birth- 24 months). The licensee is operating out of capacity. This poses an immediate risk to the safety of children in care.
Therefore, the preponderance of evidence standard has been met, the of facility operating over capacity is found to be substantiated. California Code of Regulations, Title 22, Division 12, Chapter 1, Section 102416.5(d)(1) Staffing Ratio and Capacity is being cited on the attached LIC 9099D. A civil penalty of $250.00 is being issued today as this has been cited twice within the last 12 months.
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