364818107-5-14-2020-09-CC-KWIS-BQF2B5-20200609171432

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 364818107
Report Date: 05/13/2020
Date Signed: 05/14/2020 04:06:02 PM

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
03/09/2020 and conducted by Evaluator Destinee Hogue

PUBLIC

COMPLAINT CONTROL NUMBER: 09-CC-20200309134132

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	364818107
ADMINISTRATOR:	TRACY BIERMAN		FACILITY TYPE:	850
ADDRESS:	33788 YUCAIPA BLVD.		TELEPHONE:	(909) 797-4713
CITY:	YUCAIPA	STATE: CA	ZIP CODE:	92399
CAPACITY:	64	CENSUS: 24	DATE:	05/13/2020
		UNANNOUNCED	TIME BEGAN:	03:00 PM
MET WITH:	Tracy Bierman		TIME COMPLETED:	05:00 PM

ALLEGATION(S):

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Personal Rights - Day care child sustained an unexplained injury while in care.
Personal Rights - Day care child was bitten 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 above complaint allegations. A 10-day in-person inspection was initiated by LPA Hogue on 03/19/2020. 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: Day care child sustained an unexplained injury while in care and day care child was bitten while in care.

LPA investigated the above allegations and gathered the following information: On 03/05/2020 at approximately 10:00am, an incident between daycare children occurred during outside playtime. A child was riding a bicycle, when another child wanted the bicycle, he/she was playing with. The child(ren) approached the other child(ren), attempting to take the bicycle away. When he/she attempted to remove the bicycle from the child(ren), he/she got upset and grabbed a piece of hair out of the other child’s head.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Kimberly Williams	TELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Destinee Hogue	TELEPHONE: (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)

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Control Number 09-CC-20200309134132

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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Another child(ren) was standing near the incident and walked toward the child(ren), attempting to protect the him/her from having their bicycle taken. When the child(ren) reached out to stop the incident, they accidentally scratched the back of the child(ren)’s neck. Later in the day, at approximately 4:00pm, a staff member was changing a diaper, when the Director walked into the classroom and witnessed a child biting another child on the ear. Immediately, the Director removed the child from the classroom and contacted the child’s authorized representative. The child’s authorized representative was called to pick up their child due to more than one incident occurring on this day.

The incidents which occurred on 03/05/2020 were documented on an Incident/Accident Report for Parent/Guardian, however the reports for this date are not signed by the child’s authorized representative. It is alleged the facility failed to notify the child's representative of the incidents which took placed on this date. According to interviews with pertinent parties, when the child’s representative arrived at the facility, attempts were made to discuss the incident(s), however the child’s representative allegedly left the facility in a hurry and staff were unable to obtain a signature on the report(s). It is KinderCare policy to document incidents on an Incident/Accident Report and provide a copy during pick up. From 12/10/2019-01/31/2020 incident reports were documented for the child in question and were signed by the child’s authorized representative.

Beginning 02/12/2020, the child(ren) was placed on a two-week contract and his/her behavior was documented on an ABC Chart and signed by the child’s representative during pick up. The ABC Chart is used when a child is displaying challenging or disruptive behaviors in the classroom which is affecting daycare children and staff. Teachers are responsible for documenting children's behavior every hour and provides the ABC chart to the Director. Director is responsible for conducting meetings with parents and placing a child(ren) on contract. After two-weeks, the contract is reviewed and if behavior continues to occur in the classroom, then the child is dismissed from the program. According to KinderCare Family Handbook, they have the “right to disenroll any child or terminate services as deemed necessary…with or without notice.” Family Handbook Acknowledgement Receipt was signed by the child’s authorized representative on June 06, 2019.

Based on interviews with pertinent parties and records reviewed, previous incidents and behaviors were documented on a report and were signed by the child's authorized representative. There is conflicting information on whether the Director intentionally failed to notify the child’s representative of the scratches on the child’s neck. 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.

SUPERVISOR'S NAME: Kimberly Williams	TELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Destinee Hogue	TELEPHONE: (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)

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Control Number 09-CC-20200309134132

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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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 Williams	TELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Destinee Hogue	TELEPHONE: (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)

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