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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 364818107
Report Date: 05/13/2020
Date Signed: 05/14/2020 10:29:16 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
02/25/2020 and conducted by Evaluator Destinee Hogue
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20200225122843
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
364818107
ADMINISTRATOR:TRACY BIERMANFACILITY TYPE:
850
ADDRESS:33788 YUCAIPA BLVD.TELEPHONE:
(909) 797-4713
CITY:YUCAIPASTATE: CAZIP CODE:
92399
CAPACITY:64CENSUS: 24DATE:
05/13/2020
UNANNOUNCEDTIME BEGAN:
03:00 PM
MET WITH:Tracy BiermanTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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Personal Rights - Children in care were observed pulling hair and fighting causing a child to cry.
INVESTIGATION FINDINGS:
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Due to COVID-19 State of Emergency, on 05/13/2020 at 3:00pm, Licensing Program Analyst (LPA) Destinee Hogue conducted a tele-inspection with Director Tracy Bierman via Google Duo. The purpose of the tele-inspection is to deliver the findings of the above complaint allegation. A 10-day in-person inspection was initiated by LPA Hogue on 03/03/2020. During the initial inspection, LPA Hogue interviewed pertinent parties, reviewed records, conducted facility observations and met with Director Bierman. Present during this tele-inspection were LPA Hogue, Director Bierman, and 24 preschool children. LPA discussed the following with Director Bierman:

Allegation: Children in care were observed pulling hair and fighting causing a child to cry.

LPA investigated the above allegation and gathered the following information: On an unknown date and time, a child’s representative observed 12-14 children in one classroom pulling hair and fighting which caused a child(ren) to cry. According to reported information, the classroom appeared to be chaotic and described as “a lot going on.” On this unknown date/time, children were allegedly fighting with one another
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Kimberly WilliamsTELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Destinee HogueTELEPHONE: (951) 218-5196
LICENSING EVALUATOR SIGNATURE:

DATE: 05/13/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/13/2020
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 7
Control Number 09-CC-20200225122843
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: 364818107
VISIT DATE: 05/13/2020
NARRATIVE
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and pulling each other’s hair. LPA reviewed a sample of Incident/Accident Report for Parent/Guardian for incidents which occurred on 03/05/2020, 02/05/2020, 01/31/2020, and 10/02/2019. These incidents document more than one child pulled another child(ren) hair and a child(ren) was pushing other day care children. Incident reports documented on the above dates were signed by the child(ren)’s authorized representative.

Based on interviews with pertinent parties, records reviewed, and facility observations, the department has determined the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

Due to COVID-19 State of Emergency, LPA conducted an exit interview via Google Duo and provided an email copy of this report to the Director. LPA Hogue requested the Director to acknowledge receipt of the report by replying to the sent email. The electronic response from the Director, will serve as the read receipt of the emailed report. Director Bierman understands that a copy of this report must be made available to the public, upon their request, for the next three years. LPA issued a Notice of Site Visit and verified it was posted in a prominent location at the facility before ending the tele-inspection. The Director understands that the Notice of Site Visit must remain posted for the next 30 days along with a copy of all Type A deficiencies cited during this tele-inspection.

A copy of all Type A deficiencies cited during this tele-inspection must also be immediately (within 24 hours of 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 (at the time of enrollment). Director is required to have all parents sign and date the Acknowledgement of Receipt of Licensing Reports (LIC9224) and maintain a copy in children’s files. A copy of this report, LIC9224 and Appeal Rights (LIC9058) were emailed to Director Bierman during this tele-inspection.
SUPERVISOR'S NAME: Kimberly WilliamsTELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Destinee HogueTELEPHONE: (951) 218-5196
LICENSING EVALUATOR SIGNATURE:

DATE: 05/13/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/13/2020
LIC9099 (FAS) - (06/04)
Page: 2 of 7
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
02/25/2020 and conducted by Evaluator Destinee Hogue
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20200225122843

FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
364818107
ADMINISTRATOR:TRACY BIERMANFACILITY TYPE:
850
ADDRESS:33788 YUCAIPA BLVD.TELEPHONE:
(909) 797-4713
CITY:YUCAIPASTATE: CAZIP CODE:
92399
CAPACITY:64CENSUS: 24DATE:
05/13/2020
UNANNOUNCEDTIME BEGAN:
03:00 PM
MET WITH:Tracy BiermanTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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Personal Rights - Child sustained a bruise on their back while in care.
INVESTIGATION FINDINGS:
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Due to COVID-19 State of Emergency, on 05/13/2020 at 3:00pm, Licensing Program Analyst (LPA) Destinee Hogue conducted a tele-inspection with Director Tracy Bierman via Google Duo. The purpose of the tele-inspection is to deliver the findings of the complaint allegations identified below. A 10-day in-person inspection was initiated by LPA Hogue on 03/03/2020. During the initial inspection, LPA Hogue interviewed pertinent parties, reviewed records, conducted facility observations and met with Director Bierman. Present during this tele-inspection were LPA Hogue, Director Bierman, and 24 preschool children. The following was discussed:

Allegations: Child sustained a bruise on their back while in care.

LPA investigated the above allegations and gathered the following information: On an unknown date and time, the child in question sustained a bruise on their back while in care at the facility. There was conflicting information regarding how the bruise was received. According to the child’s representative, a staff member pushed the child, causing the child to fall and hit their back. However, witnesses present during the incident
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Kimberly WilliamsTELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Destinee HogueTELEPHONE: (951) 218-5196
LICENSING EVALUATOR SIGNATURE:

DATE: 05/13/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/13/2020
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 09-CC-20200225122843
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: 364818107
VISIT DATE: 05/13/2020
NARRATIVE
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stated the child pushed their way through a crowd of children, attempting to grab a book from the bookshelf. While the child was pushing their way through the crowd, they tripped over a toy, causing the child to fall and bump their back on a plastic box/bin. According to facility records reviewed, the staff member who allegedly pushed the child wasn’t present in the classroom at the time the incident occurred. This Incident/Accident took place on 11/27/2019 and was documented on an Incident/Accident Report for Parent/Guardian. The child’s authorized representative signed the Incident/Accident report on 12/02/2019.

There is conflicting information regarding the reported incident. Therefore, although the allegations may have happened or are valid, there is no preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are deemed UNSUBSTANTIATED.

Due to COVID-19 State of Emergency, LPA conducted an exit interview via Google Duo and provided an email copy of this report to the Director. LPA Hogue requested the Director to acknowledge receipt of the email by replying to the sent email. The electronic response from the Director, will serve as the read receipt of the emailed report. Director Bierman understands that a copy of this report must be made available to the public, upon their request, for the next three years. LPA issued a Notice of Site Visit and verified it was posted in a prominent location at the facility before ending the tele-inspection. Director understands that the Notice of Site Visit must remain posted for the next 30 days.
SUPERVISOR'S NAME: Kimberly WilliamsTELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Destinee HogueTELEPHONE: (951) 218-5196
LICENSING EVALUATOR SIGNATURE:

DATE: 05/13/2020
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/13/2020
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 09-CC-20200225122843
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: 364818107
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/13/2020
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/14/2020
Section Cited
CCR
101223(a)(1)
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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 evidenced by:
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Immediately (within 24 hours), the Director plans to retrain staff on supervision and classroom positioning during diaper changing and will train staff on working with children who are displaying challenging behaviors. Director agrees to utilize CCLD training videos re: Care and Supervision
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Based on Incident/Accident reports received and interviews with pertinent parties, the facility failed to prevent multiple hair pulling and fighting/pushing incidents. More than one incident occurred at the facility involving a child(ren) pulling and pushing other daycare children. This poses an immediate health, safety, and personal rights risk to children in care.
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and agrees to submit training agenda and staff sign-in sheets to the department via email, fax or mail. Director will submit a written plan (within 24 hours) detailing the training plan for staff, including date of staff training.
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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: Kimberly WilliamsTELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Destinee HogueTELEPHONE: (951) 218-5196
LICENSING EVALUATOR SIGNATURE:

DATE: 05/13/2020
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/13/2020
LIC9099 (FAS) - (06/04)
Page: 7 of 7