364807780-6-12-2019-09-CC-AROS-BDBLQ2-20190620085650

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 364807780
Report Date: 06/12/2019
Date Signed: 06/12/2019 11:45:58 AM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/28/2019 and conducted by Evaluator Kim Leung

PUBLIC

COMPLAINT CONTROL NUMBER: 09-CC-20190428225844

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	364807780
ADMINISTRATOR:	DIEHL, JENNIFER		FACILITY TYPE:	850
ADDRESS:	15928 LOS SERRANOS COUNTRY CLB		TELEPHONE:	(909) 606-7744
CITY:	CHINO HILLS	STATE: CA	ZIP CODE:	91709
CAPACITY:	90	CENSUS:	DATE:	06/12/2019
		UNANNOUNCED	TIME BEGAN:	10:13 AM
MET WITH:	Esmeralda Camarena, Jennifer Diehl		TIME COMPLETED:	11:50 AM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Facility failed to protect children's safety resulting in a child causing injuries to other children.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Licensing Program Analyst (LPA) Kim Leung conducted investigation at the facility on the above allegation on 5/2/2019 and 5/17/2019. It was alleged that children had received injuries from a child and facility failed to protect the children's safety. During the investigation process, staff-child interactions and program activities were observed; records were reviewed and interviews were conducted. LPA obtained information that children enrolled in the facility had been hit, kicked, pushed, pulled and scratched by other children attending the same class at the facility during the past few months. LPA obtained information that at least three of the children, including Child 1, Child 2 and Child 3, have continuously demonstrated aggressive behaviors towards other children in the class. LPA obtained information that Child 1 had slapped other children in the faces causing redness. LPA obtained information that Child 1 had punched, hit, kicked and scratched other children. A review of the records revealed that Child 1 had jumped on another child's body while sitting in the carpeted area. Records revealed that Child 2 had slapped and scratched other children in the faces. (TO BE CONTINUED ON NEXT PAGE)

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Aaron Ross	TELEPHONE: (951) 784-4200
LICENSING EVALUATOR NAME: Kim Leung	TELEPHONE: (951) 529-4713
LICENSING EVALUATOR SIGNATURE:	DATE: 06/12/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/12/2019

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 09-CC-20190428225844

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 364807780
	VISIT DATE: 06/12/2019

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

Records revealed that Child 3 had hit and punched other children in the face, chest and stomach; kicked and scratched other children in the faces causing red marks; pushed a child in the chest area leaving red mark; grabbed a child by the face; hit a child in the neck with toy and hit another child in the head with toy. The records revealed that a child sustained a bloody nose after being hit on the nose by another child while lining up. LPA obtained information that children had thrown toys including Lego blocks across the activity room while other children were having indoor activities in the same areas. Records revealed that there had been multiple incidents that children were bumped into by other children resulting in marks and injuries in the faces, elbows and knees.

California Code of Regulations, Title 22, Division 12, Chapter 1, Section 101223(a)(2) requires the licensee to ensure that each child is accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs while Section 101216(a) requires child care center personnel be competent to provide the services necessary to meet the individual needs of children in care and shall at all times be employed in numbers sufficient to meet those needs.

Based on the information received during the investigation process, the preponderance of evidence standard has been met. The above allegation is substantiated.

See LIC9099D for deficiencies cited per California Code of Regulations Title 22, Division 12.

The findings of this investigation was reviewed with licensee representatives Esmeralda Camarena and Jennifer Diehl during the Informal Conference in the Riverside Child Care Regional Office this date on 6/12/2019. An exit interview was conducted with Ms. Camarena and Ms. Diehl. Appeal rights discussed. A copy of this report was provided to the licensee representatives. Notice of Site Visit was issued and it must be posted at the facility for 30 days along with a copy of the Type A deficiencies report (LIC9099D). A copy of the Type A deficiency report must also be immediately (within 24 hours of the child’s next day in care) given to the parents of all children enrolled in the child care facility and any children enrolled into the child care facility over the next 12 months.

A copy of this report must be made available at the facility for 3 years for public review upon request.

SUPERVISOR'S NAME: Aaron Ross	TELEPHONE: (951) 784-4200
LICENSING EVALUATOR NAME: Kim Leung	TELEPHONE: (951) 529-4713
LICENSING EVALUATOR SIGNATURE:	DATE: 06/12/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/12/2019

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 09-CC-20190428225844

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 364807780
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 06/12/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 06/13/2019 Section Cited CCR 101239(a)	1 2 3 4 5 6 7	Personal Rights. 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 ...(3)To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule ... This requirement was not met as evidenced by:	1 2 3 4 5 6 7	That violated the children's personal rights and presented immediate risks to the children's safety. Facility director Jennifer Diehl and district manager Esmeralda Camarena agreed to ensure all children be provided with a safe environment at all times.
	8 9 10 11 12 13 14	Children had been hit, slapped, punched, scratched, kicked, pushed, pulled and bumped into by other children while attending the facility during the past few months resulting in red marks and injuries in the faces, chest area, elbows and knees. Facility failed to ensure the children's safety by providing a safe environment to the children.	8 9 10 11 12 13 14	Ms. Diehl and Ms. Camarena agreed to arrange additional staff to the class to provide proactive supervision. Staff schedules will be submitted to the Department by 6/13/2019.
Type A 06/13/2019 Section Cited CCR 101216(a)	1 2 3 4 5 6 7	Personnel Requirements. Child care center personnel shall be competent ... and shall at all times be employed in numbers sufficient to meet those needs. This requirement was not met as evidenced by: Children had been hit, slapped, punched, scratched, kicked, pushed, pulled and bumped into by other children while attending the facility during	1 2 3 4 5 6 7	That presented immediate risks to the children's safety. Facility director Jennifer Diehl and district manager Esmeralda Camarena agreed to arrange additional staff to the class to provide proactive supervision. Staff schedules will be submitted to the Department by 6/13/2019.
	8 9 10 11 12 13 14	the past few months resulting in red marks and injuries in the faces, chest area, elbows and knees. With the knowledge that at least three children were observed continuously demonstrating aggressions towards other children, facility failed to make necessary corrections to prevent and protect the children from injuries.	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: Aaron Ross	TELEPHONE: (951) 784-4200
LICENSING EVALUATOR NAME: Kim Leung	TELEPHONE: (951) 529-4713
LICENSING EVALUATOR SIGNATURE:	DATE: 06/12/2019

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/12/2019

LIC9099 (FAS) - (06/04)

Page: 3 of 3