376600650-3-5-2024-51-CC-JREG-D3YSXD-20240403141544

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 376600650
Report Date: 02/29/2024
Date Signed: 03/05/2024 09:12:35 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
02/14/2024 and conducted by Evaluator Patrick Ma

PUBLIC

COMPLAINT CONTROL NUMBER: 51-CC-20240214152618

FACILITY NAME:	KINDERCARE - CARLSBAD		FACILITY NUMBER:	376600650
ADMINISTRATOR:	MELISSA RUIZ		FACILITY TYPE:	850
ADDRESS:	1200 PLUM TREE ROAD		TELEPHONE:	(760) 435-0001
CITY:	CARLSBAD	STATE: CA	ZIP CODE:	92011
CAPACITY:	125	CENSUS: 108	DATE:	02/29/2024
		UNANNOUNCED	TIME BEGAN:	09:00 AM
MET WITH:	Melissa Ruiz		TIME COMPLETED:	02:30 PM

ALLEGATION(S):

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Facility staff are not safeguarding day care children against injury

INVESTIGATION FINDINGS:

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On 2/29/24 at 9:00am LPA Patrick Ma made an unannounced complaint visit for the complaint received on 2/14/24 for the purpose of continuing the investigation and delivering findings on the above reference allegation.

Based on the information obtained during interviews, observations, and documentation reviewed it is determined that records between October 2022 through February 2024 show child C1 received multiple incident reports documenting harm to other children. Although behavioral intervention plans were implemented, they did not adequately reduce harmful behaviors through the duration of that period. Interviews with staff confirmed incident reports, C1’s behaviors, and lack of consistent effectiveness of interventions.

The allegation is valid because the preponderance of the evidence has been met, therefore, the above allegation is found to be SUBSTANTIATED.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Renesha Askew	TELEPHONE: (619) 767-2155
LICENSING EVALUATOR NAME: Patrick Ma	TELEPHONE: (619) 767-2218
LICENSING EVALUATOR SIGNATURE:	DATE: 02/29/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/29/2024

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-20240214152618

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 - CARLSBAD	FACILITY NUMBER: 376600650
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/29/2024

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 02/29/2024 Section Cited CCR 101223(a)(3)	1 2 3 4 5 6 7	101223(a)(3) Personal Rights: The licensee shall ensure that each child is accorded...To be free from...infliction of pain. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Director stated, C1 has been placed in an older children classroom for 2 weeks now where C1 has shown to adjust well without any incidents of harm to another person. Behavioral plan is in place to monitor, intervene, and remove C1 if necessary. Deficiency was cleared as of today's site visit.
	8 9 10 11 12 13 14	Based on interviews and documentation reviewed records between October 2022 through February 2024 show child C1 received multiple incident reports documenting harm to other children. Behavioral interventions did not adequately reduce harmful behaviors. Staff Interviews confirmed incident reports, C1’s behaviors, and lack of consistent effectiveness of interventions.	8 9 10 11 12 13 14
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

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: Renesha Askew	TELEPHONE: (619) 767-2155
LICENSING EVALUATOR NAME: Patrick Ma	TELEPHONE: (619) 767-2218
LICENSING EVALUATOR SIGNATURE:	DATE: 02/29/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/29/2024

LIC9099 (FAS) - (06/04)

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Control Number 51-CC-20240214152618

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 - CARLSBAD	FACILITY NUMBER: 376600650
	VISIT DATE: 02/29/2024

NARRATIVE

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California Code of Regulations, (Title 22, Division 12, Chapter 1) the deficiency is being cited on the attached LIC 9099D.

LPA Patrick Ma informed Director, Melissa Ruiz that this report dated 2/29/24 documents one Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Ma informed Director, Melissa Ruiz to provide a copy of this licensing report dated 2/29/24 that documents a Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

The Notice of Site Visit was provided, and LPA observed posting. Licensee is advised it must remain posted for 30 days. Exit interview conducted and report was reviewed with the Director, Melissa Ruiz. A notice of site visit was given and must remain posted for 30 days

SUPERVISOR'S NAME: Renesha Askew	TELEPHONE: (619) 767-2155
LICENSING EVALUATOR NAME: Patrick Ma	TELEPHONE: (619) 767-2218
LICENSING EVALUATOR SIGNATURE:	DATE: 02/29/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/29/2024

LIC9099 (FAS) - (06/04)

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