198003099-5-24-2019-33-CC-KHAD-BCMV7L-20190529161115

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198003099
Report Date: 05/24/2019
Date Signed: 05/24/2019 12:47:21 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

This is an official report of an unannounced visit/investigation of a complaint received in our office on
02/15/2019 and conducted by Evaluator Betty Bell

COMPLAINT CONTROL NUMBER: 33-CC-20190215080842

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	198003099
ADMINISTRATOR:	MARGIE ZARATE		FACILITY TYPE:	830
ADDRESS:	3443 NOGALES		TELEPHONE:	(626) 965-9611
CITY:	WEST COVINA	STATE: CA	ZIP CODE:	91792
CAPACITY:	40	CENSUS: 9	DATE:	05/24/2019
		UNANNOUNCED	TIME BEGAN:	09:20 AM
MET WITH:	Asst. Director Lorraine Dupleaisis		TIME COMPLETED:	12:30 PM

ALLEGATION(S):

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Neglect/Lack of Supervision: Facility staff failed to provide adequate supervision resulting in a child being bit by another child

INVESTIGATION FINDINGS:

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An unannounced follow up Complaint inspection is being conducted on this date by Licensing Program Analyst (LPA) B. Emiko Bell in order to provide the findings of the investigation regarding the allegation above. Upon arrival, LPA was greeted and let into the Center by Assistant Director Lorraine Dupleaisis, to whom the reason for the inspection was announced and who then guided LPA on a tour of the infant and of the "toddler" classrooms (Center refers to the older infants as toddlers; they do not have a toddler component) in order to take census. (Director Margie Zarate arrived at 10:00 A.M.)

In the "Infants," there was 1 staff with 4 infants; the Infants B and "Toddler" classes were combined outside on the playground, there were 5 infants with 2 staff. Staff-child ratio was met. All staff were verified to have Criminal Background Clearance and are associated to the Infant license.

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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Adriana Hernandez	TELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty Bell	TELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:	DATE: 05/24/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/24/2019

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20190215080842

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 198003099
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 05/24/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 05/31/2019 Section Cited CCR 101429(a)	1 2 3 4 5 6 7	RESPONSIBILITY FOR PROVIDING CARE AND SUPERVISION FOR INFANTS In addition to Section 101229, the following shall apply -This requirement is not met as evidenced by: between 05/16/18-02/08/19, there were 98 incidents of biting. Child #1 was bitten	1 2 3 4 5 6 7	Though Director Zarate has already implemented procedures:to reduce the frequency of biting in the Infant component (in particular, the "Toddler" classroom, CCL is recommending that the video regarding biting on the CCL web site be viewed and signed off on, Director Zarate also stated that she has added more classroom materials
	8 9 10 11 12 13 14	on three different occasions. Though Director Zarate implemented changes, the changes were not made until after the parent of Child #1 had brought up their concern. This poses a potential risk to the health and safety of the children in care.	8 9 10 11 12 13 14	(esp. sensory), has coached the teachers on engagement and will engage the famillies of both the biters and the ones being bitten more and sooner.
	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: Adriana Hernandez	TELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty Bell	TELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:	DATE: 05/24/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/24/2019

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20190215080842

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 198003099
	VISIT DATE: 05/24/2019

NARRATIVE

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Throughout the course of the investigation, interviews were conducted with seven staff and the Reporting Party and documentation in the form of two photos of bites on Child #1; two “Incident/Accident Report for Parent/
Guardian” for Child #1 documenting bites; a copy of a blank “ABC Chart/Behavior Intervention Plan”; pages 40-1 through 40-3 of the Kindercare Corporate handbook of the official biting policy; and 98 other copies of “Incident/Accident Report for Parent/Guardian” for children (other than Child #1) who are in the “Toddler” classroom for bites which occurred between 05/16/18-02/08/19.

-Pertaining to the allegation that there was neglect or a lack of supervision on the part of facility staff, resulting in a child being bit by another child:

The allegation pertains to Child #1, who was in the "Toddler" classroom and who was bitten a total of three times by other infants. All seven staff members interviewed corroborated that there are biters in the class, and acknowledged that biting is a normal and natural developmental characteristic of children. Staff members in the "Toddler" classroom stated that they witnessed most, if not all of the bites, but that they happened so quickly that they were not always able to prevent it. This occasionally was due to being involved in another activity, such as changing diapers or a child suddenly biting who had not previously bitten.

When asked what the Kindercare biting policy is, four of the staff stated that there isn't one; whilst three stated that there is an "ABC Chart," which is a behavior plan which is implemented. If the child doesn't stop the behavior upon completion of the plan, the child will ultimately be disenrolled.

When asked what, if anything, was done to prevent reoccurrence once it was brought to the Director's attention that there was a biting issue in the "Toddler" classroom, it was stated that another staff was placed in the classroom (i.e. instead of just meeting the ratio of 1:4, it became a ratio of 2:4) and that the group of children in the "Toddler" classroom were divided amongst the Infant A and the Infant B classroom to separate the biters from the non-biters. When asked whether this helped stop or slow down the frequency that children were getting bit, all staff agreed that yes, the biting became less frequent.

SUPERVISOR'S NAME: Adriana Hernandez	TELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty Bell	TELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:	DATE: 05/24/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/24/2019

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20190215080842

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 198003099
	VISIT DATE: 05/24/2019

NARRATIVE

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Staff #7 stated that though action was taken after a parent/parents complained about their child getting bit, more could have been done sooner. CCL agrees that action should have been taken sooner to prevent biting, as infants are always going to bite and get bitten. But as soon as a child establishes a pattern of biting or as soon as a child is getting bit more than once, action should be taken, as it becomes a possible violation of Personal Rights of the other infants in the classroom.

Thus, based on the evidence as stated above, the preponderance of evidence standard has been met. Therefore, the allegation that there was neglect or a lack of supervision on the part of facility staff, resulting in a child being bit by another child is found to be substantiated. A finding of Substantiated means that the allegation has been found to be valid because the preponderance of the evidence standard has been met.

California Code of Regulations, Title 22, Division 12, Chapter 1, Subchapter 02, Section 101429 is being cited on the attached LIC 9099D.

The Notice of Site Visit was posted by Director Margie Zarate in LPA's presence. LPA informed Director that if the Notice of Site Visit was removed prior to thirty (30) days, a citation will be issued and a $100 civil penalty will be assessed.

An exit interview has been conducted with, and a copy of this report has been signed by and provided to Director Margie Zarate. Appeal Rights have been provided and explained to Director Margie Zarate.

SUPERVISOR'S NAME: Adriana Hernandez	TELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty Bell	TELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:	DATE: 05/24/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/24/2019

LIC9099 (FAS) - (06/04)

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