073401315-10-13-2023-02-CC-MMEA-CWZMYE-20231027100123

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 073401315
Report Date: 10/13/2023
Date Signed: 10/13/2023 01:00:23 PM

Substantiated

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, SUITE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/22/2023 and conducted by Evaluator Indira Loza

PUBLIC

COMPLAINT CONTROL NUMBER: 02-CC-20230822102729

FACILITY NAME:	KINDERCARE LEARNING CENTER, #1367		FACILITY NUMBER:	073401315
ADMINISTRATOR:	BETTS, WANDA		FACILITY TYPE:	850
ADDRESS:	3240 SAN PABLO DAM ROAD		TELEPHONE:	(510) 222-1144
CITY:	SAN PABLO	STATE: CA	ZIP CODE:	94806
CAPACITY:	72	CENSUS: 19	DATE:	10/13/2023
		UNANNOUNCED	TIME BEGAN:	10:43 AM
MET WITH:	Wanda Betts		TIME COMPLETED:	01:10 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Personal Rights - Staff inappropriately discipline children in care.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

On October 13, 2023 Licensing Program Analyst (LPA) Indira Loza met with Director Wanda Betts for the purpose of conducting interviews and concluding the complaint investigation. Present during today's vist were 19 children and 4 fingerprint cleared staff. LPA conducted a tour of the facility for a Health and Safety check.

During the course of this investigation children, staff, and parent interviews, as well as record reviews were conducted. Based on the interviews and record review it has been determined that staff have pulled a child's arm, restrained a child by tying their apron to the child's pant drawstring, and would not allow a child to get up from eating until they have finished all their food. Based on the interviews and information obtained throughout the investigation, the preponderance of evidence standard has been met. Therefore, the allegation is SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 is being cited on 9099-D page for the Type A violation.
***See LIC 9099-C for report continuance

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Mayla Mendoza	TELEPHONE: (510) 292-9724
LICENSING EVALUATOR NAME: Indira Loza	TELEPHONE: 510-368-3672
LICENSING EVALUATOR SIGNATURE:	DATE: 10/13/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/13/2023

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 3

Control Number 02-CC-20230822102729

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, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: KINDERCARE LEARNING CENTER, #1367	FACILITY NUMBER: 073401315
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/13/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/16/2023 Section Cited CCR 101223(a)(1)(3)	1 2 3 4 5 6 7	(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...This requirement was not met as evidenced by:	1 2 3 4 5 6 7	The Director shall have all staff watch the "Personal Rights" video on the CDSS website and write what they have learned. The statements shall be emailed to LPA Loza no later than October 16, 2023.
	8 9 10 11 12 13 14	Based on interviews and record review it was determined that a staff tied their apron to the child's pant drawstring, grabbed them by their arm, and didn't allow them to leave the table until they ate all the food; which is a risk to the health, safety, and personal rights of children in care.	8 9 10 11 12 13 14
	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: Mayla Mendoza	TELEPHONE: (510) 292-9724
LICENSING EVALUATOR NAME: Indira Loza	TELEPHONE: 510-368-3672
LICENSING EVALUATOR SIGNATURE:	DATE: 10/13/2023

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/13/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 02-CC-20230822102729

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, SUITE 1102
OAKLAND, CA 94612

FACILITY NAME: KINDERCARE LEARNING CENTER, #1367	FACILITY NUMBER: 073401315
	VISIT DATE: 10/13/2023

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

The Director shall post the report, and have all parents of, currently enrolled and children enrolled in the next 12 months, and sign the "Acknowledgment of Receipt of Licensing Reports" (LIC9224). The signed LIC9224s must remain in the child's file for the next 12 months from today's date.

Exit interview conducted with Director Wanda Betts.
Report and Appeal rights provided.
A notice of Site Visit must remain posted for 30 days.

SUPERVISOR'S NAME: Mayla Mendoza	TELEPHONE: (510) 292-9724
LICENSING EVALUATOR NAME: Indira Loza	TELEPHONE: 510-368-3672
LICENSING EVALUATOR SIGNATURE:	DATE: 10/13/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/13/2023

LIC9099 (FAS) - (06/04)

Page: 3 of 3