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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 198003115
Report Date: 07/02/2019
Date Signed: 07/02/2019 06:48:44 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
06/25/2019 and conducted by Evaluator Betty Bell
PUBLIC
COMPLAINT CONTROL NUMBER: 33-CC-20190625144124
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
198003115
ADMINISTRATOR:GARCIA, MELISSAFACILITY TYPE:
830
ADDRESS:1175 VIA VERDETELEPHONE:
(909) 592-2220
CITY:SAN DIMASSTATE: CAZIP CODE:
91773
CAPACITY:44CENSUS: 10DATE:
07/02/2019
UNANNOUNCEDTIME BEGAN:
04:40 PM
MET WITH:Asst. Director Angel HailiTIME COMPLETED:
06:40 PM
ALLEGATION(S):
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Unqualified staff is providing care for children.

Child sustained injuries while in care.
INVESTIGATION FINDINGS:
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An unannounced follow-up Complaint inspection has been conducted on today's date by Licensing Program Analyst (LPA) B. Emiko Bell. The inspection was conducted in order to provide the findings of the Complaint investigation. Upon arrival, LPA was greeted and let into the facility by Assistant Director Angel Haili, who then guided LPA on a tour of the three infant classrooms to take census.

In Infant A, there were three infants with one staff; in Infant B, there were three infants with one staff and there were four "toddlers" on the infant playground with one staff. Staff-child ratio was met. All are cleared and associated. (The Center does not have a Toddler component; they refer to older infants who can walk as "toddlers.")

Throughout the course of the investigation, interviews were conducted with five staff, file review was conducted on two staff files and copies of six incident reports were obtained.
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Adriana HernandezTELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 07/02/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/02/2019
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 5
Control Number 33-CC-20190625144124
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: 198003115
VISIT DATE: 07/02/2019
NARRATIVE
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Thus, based on the evidence as stated above, the preponderance of evidence standard has been met. Therefore, the allegation that “Unqualified staff are providing care for children” 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 101416.3 is being cited on the attached LIC 9099D.

-Pertaining to the allegation that “Child sustained injuries while in care”:

the allegation pertains to a bite and a scratch Child #1 sustained on 06/21/19. The “Incident/Accident Report for Parent/Guardian” simply states that “(Child #1) got bit on the hand (left).” LPA conducted interviews with two staff who were aware of what led to the infant getting bitten. Both staff corroborated that Child #1 had taken food from Child #3 and thus, Child #3 had bitten the hand of Child #1. However, when it came to the scratch, three different versions were recalled of what had occurred. There is no doubt that Child #1 was scratched, as the scratch is still visible. There is no doubt as to which infant had scratched Child #1, as they were the only two in the room at the time. What is important to know is whether staff saw what occurred or not, as they had when Child #1 had gotten bit earlier in the day. Per Staff #1, Child #1 and Child #2 were fighting over a walker (a prohibited item in licensed facilties) when Child #2 scratched Child #1; according to Staff #5, Child #1 was laying down and Child #2 just went up and scratched Child #1 (unprovoked); whilst Staff #4

SUPERVISOR'S NAME: Adriana HernandezTELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 07/02/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/02/2019
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 33-CC-20190625144124
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: 198003115
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/02/2019
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
07/12/2019
Section Cited
CCR
101416.3(b)
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Infant Care Aide Qualifications and Duties
An Infant care aide shall work under the direct supervision of the director, the assistant director or a fully qualified teacher, except as provided for in Section 101416.5(d)(1).

-This requirement is not met as evidenced by: Based upon interviews conducted, LPA
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Asst. Director Haili agreed to change the schedules of staff to ensure that fully-qualified teachers with infant units are in each of the Infant classrooms during operating hours. Correction will be provided to CCL by COB on 07/12/19.
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determined that Staff #2 is alone every morning, for two hours and every afternoon, from lunch through naptime until the infants wake up (approximately two and a half hours total). LPA determined that Staff #3 is alone for approximately 5 to 5.5 hours every day. *This poses a potential risk to the health and safety of the children in case.*
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Type B
07/12/2019
Section Cited
CCR
101429(a)(1)
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RESPONSBILITY FOR PROVIDING CARE AND SUPERVISION FOR INFANTS
Each infant shall be constantly supervised and under direct visual observation and supervision by a staff person at all times. Under no circumstances shall ANY infant be left unattended.
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Asst. Director Haili stated that she will write a memo which will state that closing teachers won't start cleaning until the last child in their room has left their classroom (i.e. is picked up or has been placed in the closing classroom). Correction will be provided to CCL by COB on 07/12/19.
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-This requirement is not met as evidenced by:
Staff #4 admitted to having their back turned while putting toys away on a shelf and thus, does not know what may have caused Child #2 to scratch Child #1. *This poses a potential risk to the health and safety of the children in case.*
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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 HernandezTELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 07/02/2019
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/02/2019
LIC9099 (FAS) - (06/04)
Page: 5 of 5
Control Number 33-CC-20190625144124
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: 198003115
VISIT DATE: 07/02/2019
NARRATIVE
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admitted to having their back turned while putting toys away on a shelf and thus, not knowing what may have caused Child #2 to scratch Child #1.

Thus, based on the evidence as stated above, the preponderance of evidence standard has been met. Therefore, the allegation that “Child sustained injuries while in care” 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.

Upon receipt, Assistant Director Angel Haili posted the Notice of Site Visit. The Notice of Site Visit shall be posted for thirty (30) consecutive days. Failure to maintain posting as required will result in the issuance of a citation and the assessment of a $100 civil penalty.



An exit interview has been conducted with, and a copy of this report has been signed by and provided to Assistant Director Angel Haili. Appeal Rights have been provided and explained to Assistant Director Angel Haili.
SUPERVISOR'S NAME: Adriana HernandezTELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 07/02/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/02/2019
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 33-CC-20190625144124
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: 198003115
VISIT DATE: 07/02/2019
NARRATIVE
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-Pertaining to the allegation that “Unqualified staff are providing care for children”:

The allegation pertains to two staff who were recently hired, Staff #2 and Staff #3. LPA conducted a review of both of the files of the staff who were named in the allegations in order to review their qualifications. LPA corroborated what was alleged, that neither staff have Infant/Toddler units, making them qualified as Infant aides only, not teachers. LPA then conducted interviews with staff in order to determine whether the staff were ever left alone with infants during times other than what is permitted according to Title 22 as written in Section 101416.5 (d)(1), which states that, “An aide who is 18 years of age or older, and who meets the requirements of Sections 101216 and 101216.2(e), may visually observe twelve (12) sleeping infants in place of a teacher if the conditions specified in (d) above are met.” In other words, an aide may only be left alone with up to twelve (12) infants as long as they are all napping. LPA conducted interviews with five staff, four of whom were asked whether Staff #2 and Staff #3 are ever left alone with infants. Based upon interviews conducted, LPA determined that Staff #2 is alone every morning, for two hours and every afternoon, from lunch through naptime until the infants wake up (approximately two and a half hours total). LPA determined that Staff #3 is alone for approximately 5 to 5.5 hours every day. But neither is left alone with more than four infants at a time as long as they are all napping.

SUPERVISOR'S NAME: Adriana HernandezTELEPHONE: (323) 981-3362
LICENSING EVALUATOR NAME: Betty BellTELEPHONE: (323) 981-3364
LICENSING EVALUATOR SIGNATURE:

DATE: 07/02/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/02/2019
LIC9099 (FAS) - (06/04)
Page: 2 of 5