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32 | LPA reviewed and discussed with the licensee the following Title 22 Regulations to ensure licensee will maintain compliance and meet the Title 22 regulations at all times.
Provider must reside in the home where care is being provided:
Definitions--102352 (f)(1) -- "Family Day Care" or "Family Child Care" means regularly provided care, protection, and supervision of children, in the care giver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away. The term "Family Child Care" supersedes the term "Family Day Care" as used in previous regulations and "Home" means the licensee's residence as defined by Government Code Section 244.
Provider must be present 80% of the time providing care as stated in the following regulation:
Operation of a Family Child Care Home--102417 (a)-- The licensee shall be present in the home and shall ensure that children in care are supervised at all times. When circumstances require the licensee to be temporarily absent from the home, the licensee shall arrange for a substitute adult to care for and supervise the children during his/her absence. Temporary absences shall not exceed 20 percent of the hours that the facility is providing care per day.
Reporting Requirements--102416.2 (a) (2)--Any change in household composition including adults moving in or out of the home and anyone living in the home who reaches his or her 18th birthday.
Inspection Authority of the Department—102391 (a)--Any duly authorized officer, employee, or agent of the Department shall, upon presentation of proper identification, enter and inspect any place providing personal care, supervision, and services at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, the regulations adopted by the Department governing family child care homes, and in accordance with Section 102396.
Licensee stated that she lives at this address %100, her daycare is her main priority.
Based on interviews that were conducted with licensee, three staff, one neighbor and information obtained, the allegation that licensee does not reside at this address may have happened or are valid, but there is not a preponderance of evidence to prove the alleged violations occurred, therefore the allegation is unsubstantiated at this time. The evidence scale is equal meaning the weight of convincing evidence to prove something happened is equal to and has just as much convincing weight that it did not happen.
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