Recorded violations per inspection
- This provider
- 2.29
- Local median
- 0.33
ARGUELLES, BERTHA
San Jose, CA 95117
- Facility:
- 434401958
- Type:
- FAMILY DAY CARE HOME
- Status:
- Licensed
- Records checked:
- July 17, 2026
Additional info
- Source:
- California Community Care Licensing Division
- District office:
- Not listed
- License effective:
- Not found
- Capacity:
- 14
Inspection snapshot
Recent higher-concern violation
At least one higher-concern violation appears in the last 12 months.
Next: Read reports, examine repeated topics below, look at the broader history, and ask what changed afterward.
Latest inspectionApril 28, 2026
Latest inspection with no recorded violationsAugust 11, 2023
Summary
This summary covers seven available inspections for ARGUELLES, BERTHA from August 22, 2022 through April 28, 2026.
Four inspections recorded violations, with 16 recorded violations in total.
The most recent higher-concern violation was on April 28, 2026 and involved hazardous access, with a due date of April 29, 2026.
That higher-concern topic showed up in two inspections.
The available reports do not include a later inspection with no recorded violations after that violation.
At a glance
- Total inspections
- 7
- Recorded violations
- 16
- Higher-concern violations
- 6
- Repeated topics
- 1
1 in last 12 months
4 in last 12 months
1 in last 12 months
Last 36 months
Local comparison
7 total inspections vs 4 local median in 95117
Compared to 15 local facilities
Inspections with higher-concern violations
- This provider
- 43%
- Local median
- 20%
Inspections with recorded violations
- This provider
- 57%
- Local median
- 25%
Repeated topics
- This provider
- 1
- Local average
- 0.07
Repeated topics
Topics that appeared in more than one inspection during the last 36 months. They may reveal a pattern worth examining.
Health or food records
Appeared across 2 inspections, with 2 recorded violations.
March 4, 2024April 28, 2026Inspection history
Available inspection history. Select a violation topic for more info.
Higher concern: Hazardous access
- Report finding
- Operation of A Family Child Care Home (g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (4) Poisons, detergents, cleaning compounds, medicines, firearms and other items which could pose a danger if readily available to children shall be stored where they are inaccessible to children. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above. LPA observed a needle used to inject insulin and two adult scissors on the kitchen table near accessible to children having breakfast. Licensee threw needle in the garbage in the kitchen which poses an immediate health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by April 29, 2026
More details
- Official CA class
- Type A deficiency
- Report section
- CCR 102417(g)(4) - 102417(g)(4)
- Official code
- 102417(g)(4)
Medium concern: Equipment or readiness
- Report finding
- Licensure Requirements Every family day care home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 Division 12. The department shall account for the presence of these detectors during inspections. This requirement is not met as evidenced by: Based on observation and interview, the licensee did not comply with the section cited above. Licensee stated she did not have a working carbon monoxide detector which poses/posed a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by May 5, 2026
More details
- Official CA class
- Type B deficiency
- Report section
- HSC 1597.543 - 1597.543
- Official code
- 1597.543
Medium concern: Equipment or readiness
- Report finding
- Operation of A Family Child Care Home (g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (10) A baby walker shall not be allowed on the premises of a family child care home in accordance with Health and Safety Code Sections 1596.846(b) and (c). This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above. LPA observed a baby bouncer being used for infant in care which poses/posed a potential health, safety or personal rights risk to persons in care.
- Correction status
- Cleared at visit
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 102417(g)(10) - 102417(g)(10)
- Official code
- 102417(g)(10)
Medium concern: Health or food records
- Report finding
- Immunizations (a) Prior to admission to a family day care home, children shall be immunized against diseases as required by the California Code of Regulations, Title 17, beginning with Section 6000. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above. Child 1, 6, and 7 are either missing immunization records or need to be updated which poses/posed a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by May 5, 2026
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 102418(a) - 102418(a)
- Official code
- 102418(a)
Low concern: Administrative posting
- Report finding
- Operation of A Family Child Care Home (g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (9) Each family child care home shall have a written disaster plan of action prepared on a form approved by the Department. All children, age and ability permitting, and the provider, the assistant provider, and other members of the household, shall be instructed in their duties under the disaster plan. As their age and ability permit, newly enrolled children shall be informed promptly of their duties as required in the plan. (A) Each family child care home shall conduct fire drills and disaster drills at least once every six months. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above. LPA observed a fire and disaster drill log was last completed on 01/18/2023 which poses/posed a potential health, safety or personal rights risk to persons in care.
- Inspector notes
- Operation of A Family Child Care Home (g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (9) Each family child care home shall have a written disaster plan of action prepared on a form approved by the Department. All children, age and ability permitting, and the provider, the assistant provider, and other members of the household, shall be instructed in their duties under the disaster plan. As their age and ability permit, newly enrolled children shall be informed promptly of their duties as required in the plan. (A) Each family child care home shall conduct fire drills and disaster drills at least once every six months. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above. LPA observed a fire and disaster drill log was last completed on 01/18/2023 which poses/posed a potential health, safety or personal rights risk to persons...
- Correction status
- Plan of correction due by March 18, 2024
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 102417(g)(9)(A) - 102417(g)(9)(A)
- Official code
- 102417(g)(9)(A)
Medium concern: Health or food records
- Report finding
- Immunizations (g) The licensee shall document each child's immunizations as required by the California Code of Regulations, Title 17, Section 6070, and shall maintain such documentation for as long as the child is enrolled. (1) This requirement includes updating each child's PM 286 (6/95) when the child is due to receive required immunizations after enrollment in the family day care home. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above. Child 2, 4, 5, and 7 immunization records need to be updated which poses/posed a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by March 18, 2024
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 102418(g)(1) - 102418(g)(1)
- Official code
- 102418(g)(1)
Medium concern: Parent rights
- Report finding
- Admission Procedures and Authorized Representatives Rights (d) At the time of acceptance of each child into care, the licensee shall provide the child's parent or authorized representative with a copy of the notice Family Child Care Home Notification of Parent's Rights, LIC 995A (8/06), the Caregiver Background Check Process, LIC 995E (6/05), and the Family child Care Consumer Awareness Information, LIC 9212 (10/05). (1) The licensee shall request the child's parent or authorized representative to sign and date the bottom portion of the notice form LIC 995A (8/06), which acknowledges that the parent or authorized representative has received and read the LIC 995A. The bottom portion of this form must be kept in the child’s file as proof that the parent or authorized representative has been notified of his or her rights and received a copy of the Caregiver background Check Process, LIC 995E (6/05), and the Family Child Care Consumer Awareness Information, LIC 9212 (10/05). This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above. Child 7 is missing LIC995 which poses/posed a potential health, safety or personal rights risk to persons in care.
- Correction / follow-up note
- Admission Procedures and Authorized Representatives Rights (d) At the time of acceptance of each child into care, the licensee shall provide the child's parent or authorized representative with a copy of the notice Family Child Care Home Notification of Parent's Rights, LIC 995A (8/06), the Caregiver Background Check Process, LIC 995E (6/05), and the Family child Care Consumer Awareness Information, LIC 9212 (10/05). (1) The licensee shall request the child's parent or authorized representative to sign and date the bottom portion of the notice form LIC 995A (8/06), which acknowledges that the parent or authorized representative has received and read the LIC 995A. The bottom portion of this form must be kept in the child’s file as proof that the parent or authorized representative has been notified of his or her rights and received a copy of the Caregiver background Check Process, LIC 995E (6/05), and the Family Child Care Consumer Awareness Information, LIC 9212 (10/05). This requir...
- Correction status
- Plan of correction due by March 18, 2024
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 102419(d)(1) - 102419(d)(1)
- Official code
- 102419(d)(1)
No recorded violations in this report
Higher concern: Background screening
- Report finding
- (d) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing, or volunteering in a licensed facility: (1) Obtain a California clearance or a criminal record exemption as required by the Department or (2)Request a transfer of a criminal record clearance as specified in Section 102370(j) or (3) Request and be approved for a transfer of a criminal record exemption, as specified in Section 102370.1(p), unless, upon request for a transfer, the Department permits the individual to be employed, reside or be present at the facility.Licensee Bertha Arguelles allowed employee Elda Diaz Cendejas to work with the children in Bertha’s Family Child Care Home (FCCH) for the period 2/27/23 to 3/19/23 as Bertha has stated before, without having a criminal records clearance. LPA observed the employee is not longer working at Bertha's FCCH.
- Correction status
- Plan of correction due by July 17, 2023
More details
- Official CA class
- Type A deficiency
- Report section
- CCR 102370(d) - 102370(d)
- Official code
- 102370(d)
No recorded violations in this report
No recorded violations in this report
Higher concern: Sleep safety
- Report finding
- Infant Safe Sleep (b) Cribs or play yards shall be free from all loose articles and objects. (1) Pacifiers shall be allowed in the crib or play yard if the following provisions are in place: (A) There shall not be anything attached to the pacifier. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above, LPAs observed two sleeping infants,(EW and JO) with pacifiers with cord attached which poses an immediate health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by August 23, 2022
More details
- Official CA class
- Type A deficiency
- Report section
- CCR 102425(b)(1)(A) - 102425(b)(1)(A)
- Official code
- 102425(b)(1)(A)
Higher concern: Sleep safety
- Report finding
- Infant Safe Sleep An infant shall not be swaddled while in care. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above, LPAs observed a sleeping infant (JO) swaddled in crib, which poses an immediate health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by August 23, 2022
More details
- Official CA class
- Type A deficiency
- Report section
- CCR 102425(f) - 102425(f)
- Official code
- 102425(f)
Higher concern: Sleep safety
- Report finding
- Infant Safe Sleep The provider shall supervise infants while they are sleeping and adhere to the following requirements: If the infant is sleeping in a separate room from where the provider is stationed, the door to the room the infant is sleeping in shall remain open at all times. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above, LPAs observed a closed door to a room with sleeping infants, which poses an immediate health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by August 23, 2022
More details
- Official CA class
- Type A deficiency
- Report section
- CCR 102425(j)(5) - 102425(j)(5)
- Official code
- 102425(j)(5)
Higher concern: Hazardous access
- Report finding
- Operation of A Family Child Care Home (g) The home shall be free from defects or conditions which might endanger a child. Safety precautions shall include but not limited to: (3) Where children are less than five years old are in care, stairs shall be fenced or barricaded. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above, LPAs observed a broken stair barricade that was no put in place, was leaning against the bottom stair wall, which poses/posed a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by September 6, 2022
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 102417(g)(3) - 102417(g)(3)
- Official code
- 102417(g)(3)
Medium concern: Staff training
- Report finding
- Administration of Child Day Care Licensing (1) On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child day care provider, administrator, or employee of a licensed child day care facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a), and shall complete renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. This requirement is not met as evidenced by: Based on observation and record review, the licensee did not comply with the section cited above, LPA observed that licensee last completed Mandated Reporter Training on 01/23/2019, which poses/posed a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by September 6, 2022
More details
- Official CA class
- Type B deficiency
- Report section
- HSC 1596.8662(b)(1) - 1596.8662(b)(1)
- Official code
- 1596.8662(b)(1)
Medium concern: Licensing compliance
- Report finding
- Alterations to Existing Building or Grounds (a) Prior to making alterations or additions to a family child care home or grounds, the licensee shall notify the Department of the proposed changed, including, but not limited to, the following: (6) Any change from an area of the family child care home previously identified as "off limits" to an area where care and supervision will be provided to children in care. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above , LPAs observed two infants sleeping in a former off limit room, which poses/posed a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by September 6, 2022
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 102416.3(a)(6) - 102416.3(a)(6)
- Official code
- 102416.3(a)(6)
Low concern: Administrative posting
- Report finding
- Admission Procedures and Authorized Representatives Rights (b) The licensee shall post the PUB 394 (8/02), Family Child Care Home Notification of Parents’ Rights Poster in a prominent, publicly accessible area in the family child care home at all times children are in care. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above, LPAs did not observe the requrired PUB 394 posted, which poses/posed a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by August 22, 2022
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 102419(b) - 102419(b)
- Official code
- 102419(b)
Medium concern: Health or food records
- Report finding
- General Provisions and Definitions (1) Commencing September 1, 2016, a person shall not be employed or volunteer at a family day care home if he or she has not been immunized against influenza, pertussis, and measles. Each employee and volunteer shall receive an influenza vaccination between August 1 and December 1 of each year. This requirement is not met as evidenced by: Based on observation and record review, the licensee did not comply with the section cited above, LPA reviewed assistant file and file did have proof of immunization for pertussis, which poses/posed a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by September 6, 2022
More details
- Official CA class
- Type B deficiency
- Report section
- HSC 1597.622(a)(1) - 1597.622(a)(1)
- Official code
- 1597.622(a)(1)