304270486-9-23-2022-06-CC-PMAA-CJQUDU-20220929153007

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304270486
Report Date: 09/23/2022
Date Signed: 09/23/2022 01:14:52 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
07/05/2022 and conducted by Evaluator Stella Gutierrez

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20220705150933

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	304270486
ADMINISTRATOR:	VASSEGHI, MOJGAN		FACILITY TYPE:	840
ADDRESS:	30062 SANTA MARGARITA PARKWAY		TELEPHONE:	(949) 888-8880
CITY:	RANCHO STA MARGARITA	STATE: CA	ZIP CODE:	92688
CAPACITY:	40	CENSUS: 0	DATE:	09/23/2022
		UNANNOUNCED	TIME BEGAN:	08:55 AM
MET WITH:	Majgan Vasseghi, Director		TIME COMPLETED:	09:45 PM

ALLEGATION(S):

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Personal Rights - Staff yell at children in care.

INVESTIGATION FINDINGS:

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On 09/23/2022 Licensing Program Analysts (LPAs), Stella Gutierrez and Romelia Castanon made an unannounced visit to the facility for the purpose to deliver findings of complaint that was received at the Orange County Regional Child Care Program Office. LPA was met by, director who explained the reason for today’s visit. During today’s inspection.
A review of the Facility Personnel Report Summary conducted on 09/23/2022 indicates all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

A complaint was received on 07/05/2022 alleging that the staff yell at the children in care. Reporting party stated that the yelling occurred about 1 1/12 prior weeks to filing the complaint. LPA made several attempts to contact Reporting Party on dates 07/05/2022-08/11/2022 and left messages for complaint to return call, LPA did not receive a return call, LPA was not able to interview the reporting party. Page 1 of 2

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 09/23/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/23/2022

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-20220705150933

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: 304270486
	VISIT DATE: 09/23/2022

NARRATIVE

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On 07/12/2022 LPA, Gutierrez made an unannounced inspection to the facility to investigate the alleged allegation. LPA interviewed director, 2 staff and 10 children during the visit. During the interviews, it was revealed by the director that sometimes she occasionally has to step in the classroom of the school age children and advise the staff to not be so loud. Staff #1 stated that he/she does yell at the children as a group to get their attention. Staff #1 stated “I am just a loud person”. Based on LPA observation during the interview, it was observed that Staff #1 does talk loudly, this can come across as yelling to the children, LPA advised Staff#1 during the interview to lower voice.

LPA interviewed 10 children. A majority of the children interviewed disclosed that the staff do yell at either them or other children while in care.

On 08/12/2022 – 08/26/2022 LPA conducted 04 parent interviews. There were no disclosures made by those interviewed of the staff yelling at the children in care.

On 09/23/2022 LPA, Gutierrez interviewed Staff #3. Staff #3 stated that Staff#1 was yelling at the children but since inspection conducted on 07/12/2022, Staff #1 has since then calmed down and no longer yells.

Based on interview statements and observation, the allegation referenced on this report is substantiated. A substantiated finding means that the complaint is substantiated, and the allegation is valid because the preponderance of the evidence standard has been met. The following violation was revealed and is being cited a Type B in accordance with California Code of Regulations, Title 22, Division 12, Chapter 1, Section 101223 (a) (2) please refer to attached 9099 (D).

Exit interview conducted and report was reviewed with the Majgan Vasseghi, Director. Appeal Rights and deficiencies were discussed. The facility representative was provided 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.

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SUPERVISOR'S NAME: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 09/23/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/23/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 06-CC-20220705150933

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: 304270486
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/23/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 09/30/2022 Section Cited CCR 101223(a)(1)	1 2 3 4 5 6 7	101223 Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights:(1) To be accorded dignity in his/her personal relationships with staff and other persons. This requirement was not met as evidence by statements provided by staff and	1 2 3 4 5 6 7	Director stated that since the incident has occurred she has conducted a meeting with all staff regarding discipline policy and personal rights of the children. Director stated that she will send out a memo to school age staff as a reminder and include LPA in email stella.gutierrez@dss.ca.gov
	8 9 10 11 12 13 14	stated that the staff yell at the children in care. This violates the personal rights of the children in care and poses a potential risk.	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: Patricia Magana	TELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella Gutierrez	TELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:	DATE: 09/23/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/23/2022

LIC9099 (FAS) - (06/04)

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