372005821-1-31-2023-51-CC-MCUY-CNNMJN-20230202083921

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 372005821
Report Date: 01/31/2023
Date Signed: 01/31/2023 09:13:26 AM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR STE 110
SAN DIEGO, CA 92108

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/14/2022 and conducted by Evaluator Keturah Lane

PUBLIC

COMPLAINT CONTROL NUMBER: 51-CC-20221114105424

FACILITY NAME:	KINDERCARE LEARNING CENTER - TREENA		FACILITY NUMBER:	372005821
ADMINISTRATOR:	CELIDA BANUELOS		FACILITY TYPE:	850
ADDRESS:	10623 TREENA STREET		TELEPHONE:	(858) 271-4700
CITY:	SAN DIEGO	STATE: CA	ZIP CODE:	92131
CAPACITY:	72	CENSUS: 24	DATE:	01/31/2023
		UNANNOUNCED	TIME BEGAN:	08:05 AM
MET WITH:	Celida Banuelos		TIME COMPLETED:	08:50 AM

ALLEGATION(S):

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Facility does not provide a safe environment for day care children

INVESTIGATION FINDINGS:

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On 1/31/23 at 8:05 AM, Licensing Program Analyst (LPA) Keturah Lane conducted an unannounced complaint inspection for the complaint received on 11/14/22 for the purpose of delivering findings on the above reference allegation. Upon arrival, LPA met with Director Celida Banuelos and toured the facility. Census was 24 children in 2 classrooms with 3 staff members. All staff were fingerprint cleared and associated to the facility. LPA observed appropriate capacity, ratios and supervision by staff.

It was alleged that the facility does not provide a safe environment for day care children regarding the rubber tire mulch present in the playground for the two-year old children. Based upon information obtained during LPA’s observations of the playground, interviews with complainant, staff members, parents of enrolled children, and documentation received from complainant and the facility it is determined that the facility is using the recycled rubber mulch for manipulatives, pouring, “play restaurant” and other outdoor activities for the children which is a potential safety hazard. (continued on LIC 9099-C...)

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Monica Cuddy	TELEPHONE: (619) 767-2249
LICENSING EVALUATOR NAME: Keturah Lane	TELEPHONE: (619) 767-2223
LICENSING EVALUATOR SIGNATURE:	DATE: 01/31/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/31/2023

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 51-CC-20221114105424

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR STE 110
SAN DIEGO, CA 92108

FACILITY NAME: KINDERCARE LEARNING CENTER - TREENA	FACILITY NUMBER: 372005821
	VISIT DATE: 01/31/2023

NARRATIVE

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The recycled rubber is intended to be used in playgrounds as a safety surface only. The primary purpose of the rubber mulch is to prevent injuries from falls. The allegation is valid because the preponderance of evidence has been met, therefore the allegation is found to be SUBSTANTIATED.

Pursuant to Title 22 of the CA Code of Regulations, the following Type B deficiency was cited (refer to LIC9099-D).

Exit interview conducted and report was reviewed with facility representative Director Celida Banuelos. A notice of site visit was provided and must remain posted for 30 days.

SUPERVISOR'S NAME: Monica Cuddy	TELEPHONE: (619) 767-2249
LICENSING EVALUATOR NAME: Keturah Lane	TELEPHONE: (619) 767-2223
LICENSING EVALUATOR SIGNATURE:	DATE: 01/31/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/31/2023

LIC9099 (FAS) - (06/04)

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Control Number 51-CC-20221114105424

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR STE 110
SAN DIEGO, CA 92108

FACILITY NAME: KINDERCARE LEARNING CENTER - TREENA	FACILITY NUMBER: 372005821
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 01/31/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 02/10/2023 Section Cited CCR 101239(m)(1)	1 2 3 4 5 6 7	101239 Fixtures, Furniture, Equipment and Supplies- (m) All play equipment and materials used by children shall be age-appropriate (1) The licensee shall provide a variety of age-appropriate equipment, toys and materials in good condition and in sufficient quantity to allow children present to fully participate in planned activities. This requirement was not met as evidenced by…	1 2 3 4 5 6 7	Director will provide a one-on-one training with each staff member to provide age-appropriate outside activities: sensorytable, garden area, and remove buckets for pouring. Director will also provide written plan and have staff sign it and provide it via e-mail to LPA Lane: Keturah.Lane@dss.ca.gov
	8 9 10 11 12 13 14	Based upon LPAs observations and staff interviews, children were allowed to use the recycled rubber mulch for pouring/digging, playing pretend restaurant food, in sand/water tables and for other outdoor activities which poses a potential health, safety and personal rights risk to children in care.	8 9 10 11 12 13 14
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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: Monica Cuddy	TELEPHONE: (619) 767-2249
LICENSING EVALUATOR NAME: Keturah Lane	TELEPHONE: (619) 767-2223
LICENSING EVALUATOR SIGNATURE:	DATE: 01/31/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/31/2023

LIC9099 (FAS) - (06/04)

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