304370403-2-12-2020-06-CC-RLOZ-BMT48P-20200317185303

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304370403
Report Date: 02/12/2020
Date Signed: 02/12/2020 12:57:41 PM

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
02/07/2020 and conducted by Evaluator Mahnaz Malek

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20200207091842

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	304370403
ADMINISTRATOR:	GONZALEZ, VERONICA		FACILITY TYPE:	830
ADDRESS:	26912 ESTANCIERO DRIVE		TELEPHONE:	(949) 830-7660
CITY:	MISSION VIEJO	STATE: CA	ZIP CODE:	92691
CAPACITY:	20	CENSUS: 12	DATE:	02/12/2020
		UNANNOUNCED	TIME BEGAN:	08:00 AM
MET WITH:	Director		TIME COMPLETED:	10:45 AM

ALLEGATION(S):

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Baby room thermostat registers 57 degrees with infants in care

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted an investigation regarding the above complaint allegation. LPA met with director, Veronica Gonzalez in the infant room. Census was taken. There were a total of 12 awake infants and toddles with 3 staff in the infant room. The Toddler room was not in use. Later on 7 toddlers were transferred to the toddler room with 2 staff. A review of staff records on this date indicated that all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.
Our office received an anonymous complaint regarding the above allegation. According to complaint report, the toddler room has been cold for the past two weeks at drop off time. The report also stated the baby room registered 57 degrees on the thermostat on 2/7/2020 at estimated time of 8:20 am while there were infants in the room.
Today LPA checked the thermostat in the infant room and saw it registered 69 degrees at 8:00 am. The temperature of outside weather was registered 50 degrees.
Continued on page 2

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 02/12/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/12/2020

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-20200207091842

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: 304370403
	VISIT DATE: 02/12/2020

NARRATIVE

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The Toddler room does not have a thermostat. The director stated these two rooms share the same thermostat which is in the infant room. The director stated the heating system is running fine now and it is supposed to be turned on automatically at 5:30 am. The heating system did not work on few days for the past few weeks early in the morning before 8:30 am. LPA interviewed total of 9 staff who have worked in the infant/toddler program lately before 9:00 am. The staff stated the infant room and toddler room have been cold for few days on and off for the past few weeks before 9:00 am. The director was aware of the problem. The professionals were called for the issue. They came and fixed the problem. The heating system was fine for few days and then it was back to cold again. Finally the professionals stated they found the problem and fixed the heating system. Staff stated the heating system is fine as of Monday February 10, 2020. One staff stated it was warmer outside than the infant and toddler room on some days in the past few weeks. One staff stated she looked at the thermostat at 8:30 am last week and saw it registered 55 F. Another staff stated one of the days last week, she looked at the thermostat in the baby room and it registered 63 F at 7:30 am. The rest of the staff confirmed the rooms were very cold before 9:00 am but they did not look at the thermostat to see what degrees it registered. Few staff stated few parents brought it up to their attention that the rooms were very cold. Two parents were talked to at drop off time. They stated the room was very cold on few days for the past few weeks and it seems to be fixed now.

Based on LPA's interviews which were conducted with nine staff today, and two parents, the preponderance of evidence standard has been met, therefore the allegation of "baby room thermostat registers 57 degrees with infants in care" was found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter 12, section 101239(1)(a) Fixture, Furniture, Equipment, and supplies was cited on LIC 9099D next page.
Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The licensee was provided a copy of their appeal right (LIC 9058 12/15) and their signature on this form acknowledges receipt of these rights. First level appeal is to Regional Manager; address is above on the report.
Exit interview was conducted.
An updated pamphlet regarding safe sleep regulations in childcare and a pamphlet for lead poisoning facts were given to the director on the last inspection date.
Report ends here.

SUPERVISOR'S NAME: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 02/12/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/12/2020

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 06-CC-20200207091842

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: 304370403
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/12/2020

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 02/12/2020 Section Cited CCR 101239(1)(a)	1 2 3 4 5 6 7	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). This requirement was not met as evidenced by interviewing nine staff, two parents who confirmed the rooms were very cold on some days for the past few weeks.	1 2 3 4 5 6 7	The director, staff, and few parents stated the heating system seems to be working fine as of Monday February 10, 2020. The director was advised to look into a plan for the future to prevent the violation does not happen again. The director will send her plan to our office by the due date of 2/21/2020
	8 9 10 11 12 13 14	One staff confirmed the thermostat registered 55 F degrees at 8:30 am few days last week, and one staff confirmed 63 F degrees at 7:30 am few days in the past few weeks. The licensee failed to meet the above Licensing Regulations. This is a potential risk to the health and safety of children in care.	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: Rina Lopez	TELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 02/12/2020

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/12/2020

LIC9099 (FAS) - (06/04)

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