364840920-8-26-2021-09-CC-KWIS-C6W3R5-20210915182812

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 364840920
Report Date: 08/26/2021
Date Signed: 08/26/2021 06:57:38 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
06/16/2021 and conducted by Evaluator Destinee Hogue

PUBLIC

COMPLAINT CONTROL NUMBER: 09-CC-20210616100051

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	364840920
ADMINISTRATOR:	BIERMAN, TRACY		FACILITY TYPE:	840
ADDRESS:	33788 YUCAIPA BLVD		TELEPHONE:	(909) 797-4713
CITY:	YUCAIPA	STATE: CA	ZIP CODE:	92399
CAPACITY:	36	CENSUS: 11	DATE:	08/26/2021
		UNANNOUNCED	TIME BEGAN:	02:25 PM
MET WITH:	Director, Tracy Bierman		TIME COMPLETED:	07:00 PM

ALLEGATION(S):

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Personal Rights-Personal rights resulting in a child being hit by another child

INVESTIGATION FINDINGS:

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On 08/26/2021 at 2:25pm, Licensing Program Analyst (LPA) Destinee Hogue conducted an unannounced inspection to deliver the findings of the above complaint allegation. LPA Hogue met with Director Tracy Bierman and discussed the purpose of today's inspection. On 06/24/2021, LPA Hogue conducted a 10-day inspection to initiate this complaint investigation. During the initial inspection, LPA Hogue interviewed pertinent parties, reviewed records, conducted facility observations and met with Director Bierman. LPA Hogue discussed the following with Director Bierman:

LPA investigated the above allegation and gathered the following information: On or about, June 21, 2021, a child(ren) was sent home for being involved in a physical altercation with another child(ren) in attendance on or about this date. A child(ren) called another child a name which resulted in the child(ren) becoming upset and physically retaliating to the name calling, by hitting and kicking the child which resulted in a fight between the children. It was reported, due to the physical altercation, involved child(ren) are being suspended from the facility and the pyhysical altercations are continuing to occur, even though children are being suspended.

Substantiated

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: 08/26/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2021

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-20210616100051

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: 364840920
	VISIT DATE: 08/26/2021

NARRATIVE

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Throughout the course of the investigation, LPA Hogue interviewed pertinent parties and it was disclosed that there has been more than one incident involving physical and verbal altercations between children in the school-age classrooms. It was disclosed, on an unknown date and time, a child(ren) tried to bite another child(ren) in care, which resulted in the child(ren) becoming upset and pushing the child(ren) who bit him/her. On unknown dates and times, it is disclosed that more than one child(ren) has thrown items at other school-age children and staff in the classroom. It was disclosed that children are throwing “baskets, boxes, Legos, and chairs” at children and staff in the classroom. Interviews with pertinent parties disclosed, school-age children are bullying other school-age children. Children are becoming angry and upset because they’re being verbally and physically “bullied,” along with being hit, kicked, and bitten by other children. Children in the school-age Classrooms A and B are responding to the bullying by throwing items at children and staff.

It is reported, there is no additional staff support in the classroom and staff are not meeting the individual needs of the children enrolled in the school-age program. It is reported that there is only one teacher assigned to one group of 10-14 school-age children. School-age program is split into two classrooms. Classroom A has one staff with an average of 13-14 children present while in care at the facility and Classroom B has one teacher with an average of 10-12 children present while in care. Additional staff will enter the classroom to relieve staff for break or lunch, then leave once the primary staff returns to the classroom. Interviews disclosed, staff in the classroom are attempting to prevent and de-escalate the physical and verbal altercations from occurring by separating the child(ren), sitting child(ren) in the corner or sitting child(ren) at separate tables or areas. However, it was disclosed, the verbal and physical altercations are continuing to arise in the classroom.

LPA Hogue reviewed facility records which documents one or more physical altercation occurring Classroom A and B. LPA Hogue reviewed facility Incident/Ouch and reviewed reports documents more than one physical and/or verbal altercation occurring in school-age Classroom A and Classroom B.

SUPERVISOR'S NAME: Kimberly Williams	TELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Destinee Hogue	TELEPHONE: (951) 218-5196
LICENSING EVALUATOR SIGNATURE:	DATE: 08/26/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2021

LIC9099 (FAS) - (06/04)

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Control Number 09-CC-20210616100051

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: 364840920
	VISIT DATE: 08/26/2021

NARRATIVE

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LPA Hogue interviewed Director and discussed the behaviors in the school-age classroom. Director admitted the school-age classroom had issues with different behaviors arising in the classroom and the school-age children were destroying the property. Director stated she is responding to these incidents by suspending the involved child(ren), then if the problems continues, a decision will be made, whether child(ren) can continue with enrollment with the school-age program. Director stated she is responding to these incidents by meeting one on one with parents, and if behaviors continue to occur, then a decision is made by the Director, whether the child(ren) will be disenrolled from the preschool program. Teachers and Administrators (Director and Assistant Director) reports incident/injury reports by telephone and text message (KinderCare app). If a child(ren) is misbehaving and/or disrupting the classroom (ex: fighting, hitting, name calling, etc.) Director Tracy will have the child sit in her office and/or have the parent pick up the child for the remainder of the day. Director Tracy stated she has met with parents and children involved in physical altercations (i.e. hitting kicking, biting, and/or choking).

Based on interviews with pertinent parties, incident reports reviewed, interview disclosures, staff are not adequately trained, and the facility is not adequately staffed to prevent the physical and verbal altercations from occurring. Incident/ouch reports obtained from the facility document there has been more than one physical altercation occurring at the facility. Therefore, the department has determined the preponderance of evidence standard has been met, the above allegation is found to be SUBSTANTIATED.

See LIC809D for cited deficiencies.
LPA Hogue conducted an exit interview and provided a copy of this report to Director Tracy. A NOTICE OF SITE VISIT WAS ISSUED AND LPA VERIFIED THAT IT WAS POSTED IN A PROMINENT LOCATION AT THE FACILITY BEFORE LEAVING. THE LICENSEE UNDERSTANDS THAT IT MUST REMAIN POSTED FOR THE NEXT 30 DAYS ALONG WITH A COPY OF ALL TYPE A DEFICIENCIES (LIC9099D) CITED DURING THIS INSPECTION.

A COPY OF ALL TYPE A DEFICIENCIES CITED DURING THIS INSPECTION 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 (AT THE TIME OF ENROLLMENT). Appeal rights discussed, and a copy of this report was provided to Director Tracy on this date and must be made available to the public upon request for the next 3 years.

SUPERVISOR'S NAME: Kimberly Williams	TELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Destinee Hogue	TELEPHONE: (951) 218-5196
LICENSING EVALUATOR SIGNATURE:	DATE: 08/26/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2021

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Citations on this Visit Report are Under Appeal!

Control Number 09-CC-20210616100051

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: 364840920
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 08/26/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Under Appeal Type A 08/20/2021 Section Cited CCR 101223(a)(1)	1 2 3 4 5 6 7	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:	1 2 3 4 5 6 7	Immediately (within 24 hours), Director/Licensee agrees to ensure that children's personal rights are not violated while in care at the facility. Director agrees to provide a written statement, detailing preventative methods/trainings staff will practice, as an attempt to prevent the physical and verbal altercations from occurring. Director agrees to conduct an all staff training, and agrees to submit training topics/agenda, along with staff attendance sign in sheet.
	8 9 10 11 12 13 14	Based on interview disclosures, staff are not trained and the facility is inadequately staffed to prevent the physical and verbal altercations from occurring. Incident/ouch reports obtained from the facility document the physical altercations occurring in Classrooms A and B which poses an immediate health, safety and personal rights risk to children in care.	8 9 10 11 12 13 14	Meeting/training topics shall cover Title 22 Regulations, specifically topics related to protecting the personal rights of children in care. Statement is due by 08/27/2021 (5:00pm) and training agenda and sign in sheet due is by 09/09/2021. An Informal Conference will be held on 09/02/2021 at 11:00am to develop a more formalized plan of compliance to prevent further violations regarding personal rights from occurring.
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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 Williams	TELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Destinee Hogue	TELEPHONE: (951) 218-5196
LICENSING EVALUATOR SIGNATURE:	DATE: 08/26/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2021

LIC9099 (FAS) - (06/04)

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