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

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 545620418
Report Date: 08/21/2024
Date Signed: 09/10/2024 04:17:52 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 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
08/16/2024 and conducted by Evaluator Jose Penate
PUBLIC
COMPLAINT CONTROL NUMBER: 57-CC-20240816121133
FACILITY NAME:LEMUS, NORA FAMILY CHILD CAREFACILITY NUMBER:
545620418
ADMINISTRATOR:FACILITY TYPE:
810
ADDRESS:TELEPHONE:
CITY:STATE: ZIP CODE:
CAPACITY:8CENSUS: 5DATE:
08/21/2024
UNANNOUNCEDTIME BEGAN:
09:15 AM
MET WITH:Nora LemusTIME COMPLETED:
12:00 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Provider transported day care children without a valid driver license.

Provider did not transport day care children in a safe manner.
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On 08/21/24, Licensing Program Analyst (LPA) Jose Penate, conducted an unannounced complaint inspection to investigate the above allegations. LPA met with Licensee, Nora Lemus. LPA took a census and discussed the allegations.

During interview with Licensee, she stated that while her Adult Son/Assistant (AS) was transporting a school-age child to school on 08/16/24, he was involved in a motor vehicle accident. Also, licensee reported that her AS does not have a valid California Drivers License and yet allowed him to transport a school-age child to school. The incident report reviewed stated that the AS was traveling at an unsafe speed, did not have time to react properly to on-coming traffic striking a parked vehicle. The incident report also stated that the AS did not have a current drivers license.


Continued on LIC9099-C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gloria Reyes
LICENSING EVALUATOR NAME: Jose Penate
LICENSING EVALUATOR SIGNATURE:

DATE: 08/21/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/21/2024
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 3
Control Number 57-CC-20240816121133
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
FRESNO SOUTH CC RO, 1310 E. SHAW AVE,
FRESNO, CA 93710
FACILITY NAME: LEMUS, NORA FAMILY CHILD CARE
FACILITY NUMBER: 545620418
VISIT DATE: 08/21/2024
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
In addition, during today’s investigation, licensee stated that her AS was not present, but would arrive shortly because he was out conducting an errand and driving. Licensee stated that previously her husband (assistant) was helping her with transporting the children to school, but he recently got another job and is no longer assisting her. She stated that she did purchase a big van to transport children, but unfortunately on the day of the accident it was a last-minute resort and her AS had to help to transport the daycare child to school. The incident report stated that the AS fled the scene of an accident.

With the Allegations of, provider transported day care children without a valid driver license, and provider did not transport day care children in a safe manner, these allegations has been investigated and based on interviews and record review the facility did allow for a person without a driver’s license to transport children in care.

This agency has investigated the complaint with the 2 allegations. After interviews and records review the preponderance of evidence standard has been met; therefore, the above allegations are found to be SUBSTANTIATED.

Type A deficiency was cited. Upon receipt, 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.

Per California Code of Regulations Title 22, Division 12, deficiency to be cited (See LIC9099-D).

Exit interview conducted with licensee, Nora Lemus. POC/Appeal Rights were given and discussed.

A Notice of Site Visit Form was posted and must remain posted for 30 days
A COPY OF THIS REPORT IS TO REMAIN IN THE FACILITY FOR PUBLIC REVIEW. THIS REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC UPON REQUEST.
SUPERVISORS NAME: Gloria Reyes
LICENSING EVALUATOR NAME: Jose Penate
LICENSING EVALUATOR SIGNATURE:

DATE: 08/21/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/21/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 57-CC-20240816121133
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: LEMUS, NORA FAMILY CHILD CARE
FACILITY NUMBER: 545620418
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/21/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/11/2024
Section Cited
CCR
102417(h)
1
2
3
4
5
6
7
102417 Operation of a Family Child Care Home (h) Only drivers licensed for the type of vehicle to be operated shall be permitted to transport children in care. This requirement was not met as evidenced by interviews
1
2
3
4
5
6
7
Licensee will write a written statement on how she will not allow this incident to occur and what steps she will follow if she would need assistance to transport daycare children. POC 09/11/2024
8
9
10
11
12
13
14
conducted and records review showed that the AS did not have a valid drivers license. This is an immediate risk to the health, safety or personal rights of children in care.
8
9
10
11
12
13
14
Type A
08/21/2024
Section Cited
CCR
102423(a)(2)
1
2
3
4
5
6
7
102423 Personal Rights(a)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 representive. These rights include, but are not limited to, the following:
1
2
3
4
5
6
7
Assistant (AS) will write a statement that he will not transport daycare children at anytime, until a valid drivers license is in his possesion.
POC 09/11/2024
8
9
10
11
12
13
14
(2) To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. This requirement was not met when the licensee allowed her adult son to transport a school-aged child to school without a valid drivers license and AS was involved in vehicle collision. The AS fled the scene of the accident and jeopardized the child's safety. This is an immediate risk to the health, safety or personal rights of children in care.
8
9
10
11
12
13
14
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: Gloria Reyes
LICENSING EVALUATOR NAME: Jose Penate
LICENSING EVALUATOR SIGNATURE:

DATE: 08/21/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/21/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 3