304270340-10-20-2022-06-CC-THOO-CKEPN2-20221021112712

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304270340
Report Date: 10/20/2022
Date Signed: 10/20/2022 03:37:14 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, 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
07/22/2022 and conducted by Evaluator Stacy Torrence

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220722082326

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	304270340
ADMINISTRATOR:	STAHL, VANESSA		FACILITY TYPE:	830
ADDRESS:	3223 ASSOCIATED ROAD		TELEPHONE:	(714) 990-6924
CITY:	FULLERTON	STATE: CA	ZIP CODE:	92835
CAPACITY:	32	CENSUS: 25	DATE:	10/20/2022
		UNANNOUNCED	TIME BEGAN:	02:50 PM
MET WITH:	Vanessa Stahl, Director		TIME COMPLETED:	03:45 PM

ALLEGATION(S):

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Staff handled day care children in a rough manner.
Staff inappropriately disciplined day care child.

INVESTIGATION FINDINGS:

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On 10/20/2022, Licensing Program Analyst (LPA) Stacy Torrence conducted an in-person inspection to deliver the findings regarding the above complaint allegations. LPA Torrence met with Director Vanessa Stahl. There was a total of 25 infants with seven staff supervising. A review of staff criminal clearance 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 07/22/2022, Licensing office received a complaint alleging the following: Staff handled day care children in a rough manner and Staff inappropriately disciplined day care child.

During the investigation, LPA interviewed the Reporting Party (RP). RP stated witnessing a teacher roughly yanked a child away from the water then slapped child on the ground and placed the child in timeout for 20 minutes without letting child interact with other children.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 10/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/20/2022

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 06-CC-20220722082326

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 304270340
	VISIT DATE: 10/20/2022

NARRATIVE

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Allegation: Staff handled day care children in a rough manner:
During the course of the investigation, LPA Torrence interviewed six staff members. S1 stated a staff member witnessed another staff sit a child down for an extended amount of time and felt the staff was a little rough with the child. S1 stated management spoke with three staff members, who were on the yard at the same time, and they stated they did not feel the teacher was aggressive, or had a child sitting for an extended amount of time. S1 stated management determined that there was not enough evidence to find it to be true. Staff 2(S2) Staff 3 (S3), and Staff 6(S6) denied witnessing a teacher being rough with any children. Staff 4(S4) and Staff 5(S5) disclosed witnessing S2 being rough with Child #1 (C1). S4 stated S2 yanked the child arm, pulled the child away from the water bin, placed the child down on the ground by the brick wall, and when other children went to C1, S2 would not let the children interact C1. S5 stated witnessing S2 yank C1’s right arm and sat C1 down next to S2, in front of the cement block, and C1 was crying and upset. S5 stated S5 was not sure how long C1 was sitting next to S2, but C1 was sitting there for a good while.

During the course of the investigation, LPA received a picture depicting S2 sitting on the playground, watching the children, and C1 was sitting alone, against a brick wall, next to S2, while children are playing around C1.

During the course of the investigation, LPA received a video depicting S2 was sitting on the playground supervising the children. A child kicked a ball to S2. S2 did not pick the ball up and hand it to the child, instead S2 kicked the ball back to the child and just missed hitting C1 sitting by the brick wall.

Allegation: Staff inappropriately disciplined day care child:

During the course of the investigation, LPA interviewed six staff members. S2 and S3 denied witnessing a child sitting alone, next to a teacher, not allowed to interact with other children. S4 stated witnessing S2 placed C1 by the brick wall and when children go to C1, S2 would not let the children interact with C1. S4 stated witnessing C1 was sitting there for 20 minutes. S5 stated witnessing C1 sitting in front of the cement block and the child was crying and upset.

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 10/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/20/2022

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20220722082326

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 304270340
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/20/2022

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	101223(a)(3) Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights: (3) To be free from corporal or unusual punishment, infliction of pain…… This requirement is not met as evidence by:	1 2 3 4 5 6 7	Per Director, will conduct a training on Personal Rights; one on one with each staff members. Per Director, she will email agenda and each staff signature on the agenda to LPA by POC due date.
	8 9 10 11 12 13 14	Based on LPAs interviews and records review including reviewing picture and video, S2 was inappropriately handled C1 in a rough manner by yanking C1’s arm and placed C1 down for time out. This poses an immediate risk to the health and safety of the children in care.	8 9 10 11 12 13 14
Type A 10/21/2022 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	101223(a)(3)Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights: (3) To be free from corporal or unusual punishment, infliction of pain…… This requirement is not met as evidence by:Based on LPAs interviews and records	1 2 3 4 5 6 7	Per Director, will conduct a training on Personal Rights; one on one with each staff members. Per Director, she will email agenda and each staff signature on the agenda to LPA by POC due date
	8 9 10 11 12 13 14	review including reviewing picture and video, S2 inappropriately disciplined C1 by placing C1 in time out for an inappropriate amount of time without allowing other children to interact with C1. This poses an immediate risk to the health of the children in care.	8 9 10 11 12 13 14

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) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 10/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/20/2022

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20220722082326

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 304270340
	VISIT DATE: 10/20/2022

NARRATIVE

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During the course of the investigation, LPA reviewed a video of the children playing on the playground. LPA observed a child going over to C1 who was sitting against the brick wall and S2 was holding an arm out to prevent the child from interacting with C1.

LPA Torrence contacted four parents. Interviewed parents had no issues or concerns.

Based on LPAs interviews and records review including reviewing picture and a video, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 3, 101223(a)(3) Personal Rights and 101223(a)(3) Personal Rights are being cited on the attached LIC9099D.

Exit interview was conducted. The Notice of Site Visit was posted. Appeal Rights was explained. A copy of appeal rights (LIC 9058 1/16) will be provided through email and their signatures on this form acknowledges receipt of these rights. First level appeal is to Regional Manager, address is above on the report.

“Upon receipt, licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months.”

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 287-8515
LICENSING EVALUATOR NAME: Stacy Torrence	TELEPHONE: (714) 300-3599
LICENSING EVALUATOR SIGNATURE:	DATE: 10/20/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/20/2022

LIC9099 (FAS) - (06/04)

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