198003115-5-12-2023-33-CC-ACHO-CS4RYV-20230523132655

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198003115
Report Date: 05/12/2023
Date Signed: 05/12/2023 02:07:27 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, 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
04/21/2023 and conducted by Evaluator Veronica Martinez-Garza

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20230421110916

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	198003115
ADMINISTRATOR:	GARCIA, MELISSA		FACILITY TYPE:	830
ADDRESS:	1175 VIA VERDE		TELEPHONE:	(909) 592-2220
CITY:	SAN DIMAS	STATE: CA	ZIP CODE:	91773
CAPACITY:	44	CENSUS: 19	DATE:	05/12/2023
		UNANNOUNCED	TIME BEGAN:	11:14 AM
MET WITH:	Assistant Director Angel Haili		TIME COMPLETED:	12:05 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Staff member physically abused infant in care

INVESTIGATION FINDINGS:

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

On 05/12/2023 at 11:14 a.m., Licensing Program Analyst (LPA) Veronica Martinez Garza conducted an unannounced complaint investigation to deliver findings to the above allegation. A COVID risk assessment was conducted upon entry- appropriate PPE was used. LPA met with Assistant Director, Angel Haili, who guided LPA on a tour of the facility. A census of infants and staff was taken of: Infant A room, Infant B room, and Toddler room prior to the tour. There was a total of 19 infants present with 5 staff.

Complaint alleges that “staff member physically abused infant in care.” During the course of the investigation, LPA conducted interviews with staff. LPA also reviewed the facility roster, police report and medical records.

Page 1 of 2

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Ana Chico	TELEPHONE: (323) 981-3374
LICENSING EVALUATOR NAME: Veronica Martinez-Garza	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 05/12/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/12/2023

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 33-CC-20230421110916

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: 05/12/2023

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 complaint alleges that Staff #1 (S1) slapped the hand of Child #1 (C1). LPA attempted to interview S1, however, no call back was made. According to S2, staff recalls seeing S1 slap the hand of C1. According to S2, C1 did not cry. LPA interviewed S3 who also witnessed and heard the slap to C1’s hand, adding that C1 did not cry. According to S5, S1 denies slapping hand of C1. LPA was provided with pictures of C1’s left hand, however, LPA could not make out the extent of the injury.

LPA reviewed a medical report, which stated that C1 was observed to have “minor abnormalities of test results are not unusual and may not be significant.” Per Director, S1 has been placed on administrative leave.

Based on LPA observations and interviews conducted, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, Title 22, Division 12, Chapter 1, the following deficiency are being cited (see attached 9099D).

Upon receipt, the Licensee shall post the “D” page of the Licensing report. This page shall be posted for 30 consecutive days. Failure to maintain posting as required will result in a $100 civil penalty. A copy of this report shall be provided to the parents/guardians of the children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parents/guardians of any children newly enrolled at the facility for the next 12 months. The LIC 9224 Acknowledgement of Receipt of Licensing Reports must be maintained in each child's file immediately upon receipt from the parent. LPA provided Licensee with a blank copy of the LIC 9224 Acknowledgement of Receipt of Licensing Report.

Exit interview was conducted with Assistant Director, Angel Haili, who was provided with a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these forms.

Page 2 of 2

SUPERVISOR'S NAME: Ana Chico	TELEPHONE: (323) 981-3374
LICENSING EVALUATOR NAME: Veronica Martinez-Garza	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 05/12/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/12/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 33-CC-20230421110916

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: 05/12/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 05/25/2023 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	Personal Rights: To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions....to physical functioning. The requirement is not met as evidenced by:	1 2 3 4 5 6 7	Per Assistant Director Angel Haili, staff will complete personal rights training, will submit a copy of the meeting agenda, and submit a copy of staff sign in sheet that attended the training to LPA by POC due date
	8 9 10 11 12 13 14	S2 and S3 witnessed S1 slap the hand of C1. This poses a potential risk to the health and safety 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: Ana Chico	TELEPHONE: (323) 981-3374
LICENSING EVALUATOR NAME: Veronica Martinez-Garza	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 05/12/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/12/2023

LIC9099 (FAS) - (06/04)

Page: 3 of 3