<meta name="robots" content="noindex">
Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304270924
Report Date: 04/14/2022
Date Signed: 04/15/2022 08:45:11 AM

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
03/09/2022 and conducted by Evaluator Stella Gutierrez
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20220309143004
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
304270924
ADMINISTRATOR:TAYLOR CAMARENAFACILITY TYPE:
830
ADDRESS:855 PASEO WESTPARKTELEPHONE:
(949) 262-0260
CITY:IRVINESTATE: CAZIP CODE:
92604
CAPACITY:32CENSUS: 12DATE:
04/14/2022
UNANNOUNCEDTIME BEGAN:
01:05 PM
MET WITH:Stephanie Strand, director TIME COMPLETED:
01:30 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
 Personal Rights- and Conduct Inimical - Staff are not following Covid-19 protocols
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On 04/14/2022 Licensing Program Analyst, Stella Gutierrez made an unannounced visit to the facility for the purpose to deliver findings of complaint that was received on 03/09/2022. LPA was met by Stephanie Strand, director who explained the reason for today’s visit.

A complaint was received on 03/09/2022, the complainant stated that an email was received on 03/09/2022 from the facility stating that the facility was lifting all requirements across California for Kindercare Daycare as far as child and adult masking. The complaint stated that mandate is still in effect, the complaint was concerned that the facility disregarding this mandate.

On 03/14/2022 LPA, Gutierrez made an unannounced inspection to the facility regarding the alleged allegation of Personal Rights- Staff are not following COVID-19 protocols. Page 1 of 2
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Patricia MaganaTELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella GutierrezTELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:

DATE: 04/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/14/2022
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 06-CC-20220309143004
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: 304270924
VISIT DATE: 04/14/2022
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
During the inspection on 03/14/2022, the director stated that an update was provided to her from her district Leader that mask is no longer required for children ages 5 and up (ages 2-4 were recommended), staff and parents. LPA, Gutierrez reviewed the update notice provided from director, to staff and parents to coincide with the above allegation of personal rights. The director stated that on 03/09/2022, both staff/parents and children over the age of 2 years of age did not wear masks while at the facility, nor was it required. The director stated that prior to 03/09/2022 staff/adults and children over the age of 2 were required to wear mask while at the facility.

The new mask guidance released by CDPH states that after March 11, 2022, the universal masking requirement for K-12 and Childcare settings will terminate. CDPH strongly recommends that individuals in these settings continue to mask in indoor settings when the universal masking requirement lifts.

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx

On 03/09/2022 – 03/11/2022 director Stephanie Strand failed to ensure the personal rights of children in care to safe and healthful accommodations, and engaged in conduct inimical to the health, welfare, and safety of children in care, in that facility staff were not required to wear face covering while indoors and did not wear face coverings 03/09/2022 – 03/11/2022 indoors as required by the State Public Health Officer Order dated June 11, 2021, requiring compliance with CDPH Guidance for the Use of Face Coverings, and the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS). An exemption to the Order requiring face coverings did not apply.



Based on interviews and records reviewed the allegations of Personal Rights will be 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 in accordance with California Code of Regulations, Title 22, Division 12, Chapter 1, article 6, Section 101223 (a)(2) , please refer to attached 9099 (D).

Exit interview conducted and report was reviewed with the Director, Stephanie Strand 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. Page 2 of 2
SUPERVISOR'S NAME: Patricia MaganaTELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella GutierrezTELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:

DATE: 04/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/14/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 06-CC-20220309143004
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: 304270924
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 04/14/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
04/14/2022
Section Cited
CCR
101223(a)(2)
1
2
3
4
5
6
7
Personal Rights- (a) The licensee shall ensure that each child is accorded the following personal rights:

(2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.
1
2
3
4
5
6
7
On 03/12/2022 new health order took effect and mask are no longer required, but strongly recommended. No action needed at this time. Type b deficiency cleared during today's visit.
8
9
10
11
12
13
14
This requirement was not met as evidence by interview with director and documents provided of not requiring staff and parents to wear mask while at the facility on 03/09/2022, 03/10/2022 and 03/11/2022.
8
9
10
11
12
13
14
Type B
04/14/2022
Section Cited
HSC
1596.8897(2)
1
2
3
4
5
6
7
1) Health and Safety Code Section 1596.8897 (2) Engaged in conduct which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility, or the people of the State of California.
1
2
3
4
5
6
7
On 03/12/2022 new health order took effect and mask are no longer required, but strongly recommended. No action needed at this time. Type b deficiency cleared during today's visit.
8
9
10
11
12
13
14
This requirement was not met by evidence of interview and record review. The director engaged in conduct which is inimical of the health and safety of individuals receiving services from the facility.
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: Patricia MaganaTELEPHONE: (714) 703-2821
LICENSING EVALUATOR NAME: Stella GutierrezTELEPHONE: (714) 293-5262
LICENSING EVALUATOR SIGNATURE:

DATE: 04/14/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/14/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 3