304270335-12-5-2024-06-CC-THOO-DC2SHN-20241217125351

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304270335
Report Date: 12/05/2024
Date Signed: 12/05/2024 03:24:54 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/05/2024 and conducted by Evaluator Mahnaz Malek

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20241205081146

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	304270335
ADMINISTRATOR:	VALDEZ, SHANNON		FACILITY TYPE:	830
ADDRESS:	30075 ALICIA PARKWAY		TELEPHONE:	(949) 249-2321
CITY:	LAGUNA NIGUEL	STATE: CA	ZIP CODE:	92677
CAPACITY:	16	CENSUS: 11	DATE:	12/05/2024
		UNANNOUNCED	TIME BEGAN:	12:45 PM
MET WITH:	Director		TIME COMPLETED:	04:00 PM

ALLEGATION(S):

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Staff is not providing a comfortable environment for day care children

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted an inspection for the purpose of a complaint investigation regarding the above. PA met with director, Shannon Valdez. There were 4 infants in infant room with 2 staff and there were 7 napping toddlers in the toddler room.

A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 12/5/2024, the Orange County Childcare Office received a complaint alleging “Staff is not providing a comfortable environment for day care children”. It was reported that the temperature in the infant classroom was cold. It was observed that babies were cold and "blue." and this has been going on for 3 weeks.
Continued on page 2

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 12/05/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024

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 06-CC-20241205081146

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 304270335
	VISIT DATE: 12/05/2024

NARRATIVE

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Today, LPA interviewed the director and four staff who had knowledge regarding the allegation. According to director, she has placed an order with Kindercare Technician to come and fix the issue. Staff # 1(S1) stated there is no thermostat in the infant room. A thermostat has been installed in the Toddler room which monitors the toddler room, infant room and Discovery room. S1 stated they feel cold in the infant room and continued that it was observed the thermostat showing 66 degrees on some occasions. Staff # 2 (S2) stated they feel cold in the infant room and they had to put on additional layers of clothes on children. S2 reported the heating system works but not all the time. Staff # 3 (S3) stated they have observed the infant room to be cold in the morning. S3 confirmed the thermostat in the toddler room showing 67 degrees. Staff # 4 (S4) stated they feel cold in the infant room in the mornings.

At 1:00 pm today, LPA observed the thermostat in the toddler room which controls infant room, toddler room, and discovery room showing 67 degrees F. LPA observed the staff were wearing heavy jackets. According to Title 22 Regulations, the temperature in the rooms that children occupy shall be between 68 degrees F and a maximum of 85 degrees F. LPA observed the thermostat was showing 67 degrees F.

Based on the interviews with 5 staff, and today's LPA’s observation of the thermostat showing 67 degrees F, it was determined the preponderance of evidence standard has been met, the allegation of "Staff is not providing a comfortable environment for day care children” is found to be SUBSTANTIATED.

California Title 22 Regulations Section 10239(a)(1) under Fixture, Equipment, and Supplies is cited on LIC 9099D next page.
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The director, Shannon Valdez was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. Notice of Site Visit must be posted on or adjacent to the door. Failure to post will result in Civil Penalty of $100.00. The director, Shannon Valdez were provided with a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days.
The exit interview was conducted with director, Shannon Valdez.

End of reports.

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 12/05/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20241205081146

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 304270335
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 12/05/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 12/06/2024 Section Cited CCR 101239(a)(1)	1 2 3 4 5 6 7	Fixture, Furniture, and Equipment- A comfortable temperature for children shall be maintained at all times. The licensee shall maintain the temperature in rooms that children occupy between a minimum of 68 degrees F (20 degrees C) and a maximum of 85 degrees F (30 degrees C).	1 2 3 4 5 6 7	The director stated she placed a work order for the technician to come and fix the issue. Meanwhile the director stated she would purchase a heater to place it in the infant room so the staff can monitor the temperature when it is needed.
	8 9 10 11 12 13 14	This requirement was not met as evidenced by LPA's observation of the thermostat, today at 1:00pm showing 67 degree F, and 5 staffs' statements acknowledging the infant room being cold on occasions. This is a potential risk to the health and safety of children in care.	8 9 10 11 12 13 14	The director will notify LPA via email of the status of work order and will send a proof of purchasing the heater and send a picture of the placement of the heater in the infant room by the due date of 12/6/2024.
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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: Thuy Ho	TELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 12/05/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/05/2024

LIC9099 (FAS) - (06/04)

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