198008241-10-21-2022-33-CC-BVON-CKKRHR-20221026130246

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198008241
Report Date: 10/21/2022
Date Signed: 10/21/2022 01:19:46 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
07/27/2022 and conducted by Evaluator Lilli Babcock

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20220727130002

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	198008241
ADMINISTRATOR:	MARICRUZ FLORES		FACILITY TYPE:	840
ADDRESS:	10704 SCOTT AVE.		TELEPHONE:	(562) 947-7100
CITY:	WHITTIER	STATE: CA	ZIP CODE:	90604
CAPACITY:	30	CENSUS: 0	DATE:	10/21/2022
		UNANNOUNCED	TIME BEGAN:	09:45 AM
MET WITH:	Director, Maricruz Flores		TIME COMPLETED:	11:00 AM

ALLEGATION(S):

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Administrator do not prevent daycare children from being bullied

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Lilli Babcock conducted an unannounced follow-up complaint inspection to deliver findings on the above allegation. A COVID risk assessment was conducted upon entry and appropriate PPE was used. LPA met with Director, Maricruz Flores, to whom the reason for the visit was explained. Director guided analyst on a tour of the facility. LPA observed no staff or children present at the school-age facility during this inspection, as children were in school.

During this investigation LPA conducted interviews with 4 staff, including the Director. LPA Babcock also obtained several documents related to the complaint allegation, including but not limited to, KinderCare Family Handbook, KinderCare Incident/Accident Reports (104442 RSK) for Child #1, KinderCare Progressive Guidance Action Plan (180362-EDU-IS) for Child #1, KinderCare Behavior Log (140328 EDU-IS) for Child #1 and a copy of the Facility Roster (LIC 9040).
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Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Brandi VanOosten	TELEPHONE: (323) 981-3365
LICENSING EVALUATOR NAME: Lilli Babcock	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 10/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/21/2022

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-20220727130002

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: 198008241
	VISIT DATE: 10/21/2022

NARRATIVE

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Allegation: Administrator does not prevent daycare children from being bullied.
According to the allegation, the administration does not prevent children in care from being bullied at the facility.
A written letter from Staff #5 to parent of C1, dated June 2020, states Child #1 (C1) “teases and bully’s other children”. Incident Reports from the file of C1 state that on 6/26/19, C1 spit on a classmate, and on 7/8/19 C1 pulled a girl’s hair.

Interviews by LPA revealed the following disclosures:
Staff #1 (S1) stated C1 had been taking other children’s snacks “on and off for at least a year” and that there was no way to prevent it, other than “hovering over” C1. S1 also stated C1 had bullied and teased children “numerous times” and made fun of a girl for being overweight. S1 stated, “there was nothing I could do about that other than talk to him, but it didn’t stop the behavior”. S1 stated C1 bullied children almost weekly, and staff would handle the situation by talking with C1, but it did not prevent C1 from bullying another child, and “in fact, it didn’t seem to affect him at all”. When asked if children’s personal rights had been violated at KinderCare, S1 stated “Probably, I mean name calling”. When asked if staff were able to prevent children from being bullied, S1 stated “No”.

Staff #2 (S2) stated “I know of about 4 of the kids in our class that did not want to come to school in our class. Maybe 5 that I know of” due to C1 bullying and teasing children in care. S2 stated the bullying and teasing had been occurring for the past year. According to S2 bullying and teasing were addressed by staff by talking to C1 or bringing it to the attention of the director. When asked if talking to him or telling the director prevented C1 from bullying another child, S2 answered, “No, it would happen again”. S2 stated parents had come to S2 regarding C1 bullying children, stating C1 was “bullying their child and they don’t want to come to school anymore. I had a few parents say they wanted to take their children out of the school”. S2 stated several children came to S2 saying C1 “called them fat, ugly and losers. He would tell kids their mom is ugly. I have one little girl that never wanted to eat lunch here because he would call her fat.” When asked if staff were able to prevent children from being bullied, S2 stated “No. I was not able to stop him from doing what he would do.” When asked if a child’s personal rights had been violated, S2 stated, “yes”.

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SUPERVISOR'S NAME: Brandi VanOosten	TELEPHONE: (323) 981-3365
LICENSING EVALUATOR NAME: Lilli Babcock	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 10/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/21/2022

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20220727130002

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: 198008241
	VISIT DATE: 10/21/2022

NARRATIVE

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Staff #3 (S3) stated C1 has “absolutely” teased or bullied children “multiple times a week for as long as I have been here. Some favorites of bullying for C1 were cry-baby, they are lying, babies”. S3 stated “children would complain when C1 would bully them or hurt them and would ask why C1 was allowed to do the things he was doing”. S3 stated S3 would reply to children’s concerns stating, “they should only worry about what they can control”. When LPA asked S3 if a child’s personal rights had been violated while at KinderCare, S3 replied “In instances where C1 has hurt other kids and we couldn’t protect them, ya. Knowing the personal rights, I just read, threats, intimidation, ridicule, no, I was not always able to protect them”.

Staff #4 (director) stated C1 bullied children a couple of times per week, saying “you are stupid, you are an idiot, loser”. S4 stated the staff would respond to the bullying by teachers talking to C1”. S4 stated children and parents came to S4 regarding the behavior of C1, “parents would ask me, Why is he still here?” When asked if children’s personal rights were violated while at KinderCare, director stated, “Yes, of course. We were trying to protect everyone’s personal rights. I tried my best.”

Based on the information gathered, and interviews conducted, staff were not able to prevent children in care from being bullied. Therefore, the preponderance of evidence standard has been met, and the above allegation is SUBSTANTIATED.
California Code of Regulations, Title 22 Chapter 1 are being cited on the attached 9099D. Deficiencies that are being cited need to be cleared to protect the children’s health and safety.

LPA Lilli Babcock informed facility representative, Maricruz Flores, that this report dated 10/21//2022 documents 1 Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Lilli Babcock informed the facility representative to provide a copy of this licensing report dated 10/21/22 that documents any Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.
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SUPERVISOR'S NAME: Brandi VanOosten	TELEPHONE: (323) 981-3365
LICENSING EVALUATOR NAME: Lilli Babcock	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 10/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/21/2022

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20220727130002

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: 198008241
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/21/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/21/2022 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	The licensee shall ensure that each child is accorded the following personal rights: 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	Director states Child #1 does not attend the facility anymore, and a Training on Behavior and Supervision was given to staff on 10/10/22. Director provided LPA with Participant Guide for the training .Director will ensure that bullying will not be allowed by giving teachers
	8 9 10 11 12 13 14	This requirement is not met as evidenced by: Based on interviews and records reviewed staff did not prevent children from being bullied while at the facility.	8 9 10 11 12 13 14	additional training once a month regarding dealing with childrens behaviors. Director states she will follow-up with children's concerns regarding behavior. Director states she will connect with Inclusion Services to prevent bullying and other maladaptive behaviors.
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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: Brandi VanOosten	TELEPHONE: (323) 981-3365
LICENSING EVALUATOR NAME: Lilli Babcock	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 10/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/21/2022

LIC9099 (FAS) - (06/04)

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Control Number 33-CC-20220727130002

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: 198008241
	VISIT DATE: 10/21/2022

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	A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Exit interview conducted and report was reviewed with Director, Maricruz Flores. Page 4 of 4

SUPERVISOR'S NAME: Brandi VanOosten	TELEPHONE: (323) 981-3365
LICENSING EVALUATOR NAME: Lilli Babcock	TELEPHONE: (323) 981-3350
LICENSING EVALUATOR SIGNATURE:	DATE: 10/21/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/21/2022

LIC9099 (FAS) - (06/04)

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