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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 543802258
Report Date: 06/07/2023
Date Signed: 06/07/2023 05:41:24 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
04/17/2023 and conducted by Evaluator Ruby Ocegueda
PUBLIC
COMPLAINT CONTROL NUMBER: 57-CC-20230417140519
FACILITY NAME:DEL TORO, NORMA FAMILY CHILD CAREFACILITY NUMBER:
543802258
ADMINISTRATOR:DELTORO, NORMAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(559) 591-2390
CITY:DINUBASTATE: CAZIP CODE:
93618
CAPACITY:14CENSUS: 6DATE:
06/07/2023
UNANNOUNCEDTIME BEGAN:
12:30 PM
MET WITH:Norma Del ToroTIME COMPLETED:
06:00 PM
ALLEGATION(S):
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Licensee failed to provide comfortable sleeping accommodations

Staff intimidated daycare child
INVESTIGATION FINDINGS:
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On 6/7/2023, Licensing Program Analyst (LPAs) Ruby Ocegueda conducted an unannounced complaint inspection at the facility. LPA met with licensee Norma del Torro. The purpose of the inspection was to deliver the findings for the above complaint allegations. A tour of the facility was conducted, and census was taken.

During the course of the investigation, LPA Ocegueda collected facility records and conducted multiple interviews of the reporting party, licensee, staff, parents and children as well as collected facility records. LPA also noted observations on 4/19/2023. On 4/19/2023, LPA arrived at the facility and observed that licensee has hard wood floors where children nap in the living room. Over the hard wood floor is an area rug with no padding under it. Multiple children were observed to sleep directly on top of the area rug with only a single blanket under them and one on top. Licensee stated that at some point she had cots for the children but had not used them as they were stored away. Licensee recognized that sleeping on the floor could be uncomfortable and stated she would provide the children with cots or mats to sleep on. After interviewing several children, some children reported that they also slept on the floor withought a cot or nap mat regularly.

Report continued to 9099-C

Substantiated
Estimated Days of Completion: 60
SUPERVISORS NAME: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 06/07/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/07/2023
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-20230417140519
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: DEL TORO, NORMA FAMILY CHILD CARE
FACILITY NUMBER: 543802258
VISIT DATE: 06/07/2023
NARRATIVE
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As it pertains to the allegation related to staff intimidating children, LPA also conducted several interviews with RP, parents, children and licensee. The interview process revealed that licensee uses at least two bedrooms to place children in time out. Multiple children reported that when someone is in trouble, licensee uses the rooms for "time out". Today, LPA took photos of both the bedrooms that have been identified as off limits but today have been determined to be used. Both rooms had small latches on top of the door so that only licensee could let the children in.

One bedroom had multiple large bags and objects inside and had a strong smell of animal urine. The amount of clutter made it difficult to immediately see the two small couches inside. Licensee confirmed that child #1 who was present today, used the cluttered room yesterday. The other bedroom had prescription medication on top of a dresser, air freshener, over the counter medication and other items that indicated "keep out of reach of children". Photos and videos were taken with Department cell phone.

LPA discussed the observations with licensee and indicated that using these rooms as a form of punishment was inappropriate due to its poor condition, odor and could potentially be intimidating to a child.

This agency investigated the complaint allegation stated above and has determined that the complaint allegations were SUBSTANTIATED, meaning the preponderance of evidence standard has been met.

Today, LPA discussed personal rights of children in care and reviewed the regulation at length with licensee.

An exit interview was conducted with licensee Norma Del Torro.

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: 06/07/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/07/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 57-CC-20230417140519
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: DEL TORO, NORMA FAMILY CHILD CARE
FACILITY NUMBER: 543802258
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/07/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
06/21/2023
Section Cited
CCR
102423(4)
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(4) Personal Rights.To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including, but not limited to: interference with eating, sleeping or toileting; or withholding shelter, clothing, medication or aids to physical functioning.
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Licensee stated she would not use any off-limit bedrooms or areas that were also hazardous for any type of care and supervision or for the use of discipline as this could be intimidating to children in care. Licensee has since purchased cots that children were observed to use today. Top latches were observed on all bedroom doors.
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Based on observation and interview, licensee did not comply with the section cited above. LPA observed children sleeping directly on a blanket and area rug causing children to be unconfortable and interfering with their sleep. Interviews revealed that a highly cluttered room is used for children to go to during "time out" for misbehaving. Today, Licensee confirmed that child #1 was inside that room yesterday. This poses a potential risk to the health, safety and or personal rights risks to children in care.
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Today licensee stated she would complete a written statement indicating she understands personal rights. A meeting will be held at the Fresno Regional Office to further address the findings to these allegations. Licensee will submit written statement by POC date 6/21/2023.
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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: Susie Fanning
LICENSING EVALUATOR NAME: Ruby Ocegueda
LICENSING EVALUATOR SIGNATURE:

DATE: 06/07/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/07/2023
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
04/17/2023 and conducted by Evaluator Ruby Ocegueda
COMPLAINT CONTROL NUMBER: 57-CC-20230417140519

FACILITY NAME:DEL TORO, NORMA FAMILY CHILD CAREFACILITY NUMBER:
543802258
ADMINISTRATOR:DELTORO, NORMAFACILITY TYPE:
810
ADDRESS:1627 N. EUCLIDTELEPHONE:
(559) 591-2390
CITY:DINUBASTATE: CAZIP CODE:
93618
CAPACITY:14CENSUS: 6DATE:
06/07/2023
UNANNOUNCEDTIME BEGAN:
12:30 PM
MET WITH:Norma Del ToroTIME COMPLETED:
06:00 PM
ALLEGATION(S):
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Staff handled daycare child in a rough manner

Licensee failed to provide adequate food to child.
INVESTIGATION FINDINGS:
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On 6/7/2023, Licensing Program Analyst (LPA) Ruby Ocegueda conducted unannounced complaint inspection to address the allegation stated above. LPA met with licensee Norma Del Toro, 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 licensee, parents, children and Reporting Party. 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 allegation was found to be UNSUBSTANTIATED.

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

An exit interview was conducted with licensee Norma Del Toro. 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: 06/07/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/07/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 4