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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 013412601
Report Date: 01/28/2022
Date Signed: 01/28/2022 12:34:07 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/08/2021 and conducted by Evaluator Russell Haderer
COMPLAINT CONTROL NUMBER: 52-CC-20211108150057
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
013412601
ADMINISTRATOR:GEMIGNANI-STEARNS, IDAFACILITY TYPE:
850
ADDRESS:38700 PASEO PADRE PARKWAYTELEPHONE:
(510) 796-0888
CITY:FREMONTSTATE: CAZIP CODE:
94536
CAPACITY:126CENSUS: 58DATE:
01/28/2022
UNANNOUNCEDTIME BEGAN:
11:14 AM
MET WITH:Azra ArshadTIME COMPLETED:
12:55 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Personal Rights - Staff handled day care child in a rough manner
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On January 28, 2022 at approximately 11:14am LPA Haderer arrived at the childcare center. He learned that center director Ida Gemignani-Stearns was not here today, she was on a scheduled day off.
LPA met with Azra Arshad, Assistant Director to review the findings of the complaint investigation.

Based on LPAs observations and interviews which were conducted and record review(s), the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED.

California Code of Regulations, 101223(a)(3), are being cited on the attached LIC. 9099D.

An exit interview was conducted where the citation and plan of correction were discussed. Appeal rights were given and explained to the licensee. Notice of Site Visit was posted.

See LIC 9099D for corrective action to be taken.
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Chandra CharlesTELEPHONE: (510) 286-0966
LICENSING EVALUATOR NAME: Russell HadererTELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:

DATE: 01/28/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2022
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
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/08/2021 and conducted by Evaluator Russell Haderer
COMPLAINT CONTROL NUMBER: 52-CC-20211108150057

FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
013412601
ADMINISTRATOR:GEMIGNANI-STEARNS, IDAFACILITY TYPE:
850
ADDRESS:38700 PASEO PADRE PARKWAYTELEPHONE:
(510) 796-0888
CITY:FREMONTSTATE: CAZIP CODE:
94536
CAPACITY:126CENSUS: DATE:
01/28/2022
UNANNOUNCEDTIME BEGAN:
11:14 AM
MET WITH:TIME COMPLETED:
12:55 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Personal Rights - Staff speaks inappropriately towards day care children
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On January 28, 2022 at approximately 11:14am LPA Haderer arrived at the childcare center. He learned that center director Ida Gemignani-Stearns was not here today, she was on a scheduled day off.
LPA met with Azra Arshad, Assistant Director to review the findings of the complaint investigation.

Based on LPAs observations and interviews which were conducted and record review(s), the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED.

California Code of Regulations, 101223(a)(3), are being cited on the attached LIC. 9099D.

An exit interview was conducted where the citation and plan of correction were discussed. Appeal rights were given and explained to the licensee. Notice of Site Visit was posted.

See LIC 9099D for corrective action to be taken.
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Chandra CharlesTELEPHONE: (510) 286-0966
LICENSING EVALUATOR NAME: Russell HadererTELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:

DATE: 01/28/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2022
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 52-CC-20211108150057
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 013412601
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/28/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
02/25/2022
Section Cited
CCR
101223(a)(3)
1
2
3
4
5
6
7
101223 Personal Rights
(a) The licensee shall ensure that each child is accorded the following personal rights:
(3) 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…
1
2
3
4
5
6
7
Center Director will hold an in-service staff meeting to review when staff witnesses any situations of other staff potentially violating and child’s personal rights that they immediately report it to the Center Director and pursue corrective action.
Center Director will prepare a meeting agenda and submit a copy to Licensing.
8
9
10
11
12
13
14
This requirement was not met as evidenced by:
Based on interviews, the licensee did not comply with the section cited above of maintaining the personal rights of a child subjecting him to yelling and physical restraint by a teacher which poses/posed a potential health, safety or personal rights risk to persons in care.
8
9
10
11
12
13
14
The meeting will include a discussion about supervision and personal rights of children.

The meeting will view CCLD videos:
1. Supervising Children in Child Care Center
2. Children’s Personal Rights in Child Care. Meeting attendance sheets will be proved to CCLD
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
2
3
4
5
6
7
Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISOR'S NAME: Chandra CharlesTELEPHONE: (510) 286-0966
LICENSING EVALUATOR NAME: Russell HadererTELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:

DATE: 01/28/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 52-CC-20211108150057
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 013412601
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/28/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
02/25/2022
Section Cited
CCR
101223(a)(3)
1
2
3
4
5
6
7
101223 Personal Rights
(a) The licensee shall ensure that each child is accorded the following personal rights:
(3) 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…
1
2
3
4
5
6
7
Center Director will hold an in-service staff meeting to review when staff witnesses any situations of other staff potentially violating any child’s personal rights that they immediately report it to the Center Director and pursue corrective action.
Center Director will prepare a meeting agenda and submit a copy to Licensing.
8
9
10
11
12
13
14
This requirement was not met as evidenced by:
Based on interviews, the licensee did not comply with the section cited above of maintaining the personal rights of a child subjecting him to yelling and physical restraint by a teacher which poses/posed a potential health, safety or personal rights risk to persons in care.
8
9
10
11
12
13
14
The meeting will include a discussion about supervision and personal rights of children.

The meeting will include viewing CCLD videos: 1. Supervising Children in Child Care Center
2. Children’s Personal Rights in Child Care. Meeting attendance sheets will be proved to CCLD
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
2
3
4
5
6
7
1
2
3
4
5
6
7
Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISOR'S NAME: Chandra CharlesTELEPHONE: (510) 286-0966
LICENSING EVALUATOR NAME: Russell HadererTELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:

DATE: 01/28/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/28/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 4