393602969-7-30-2021-53-CC-JSMH-C5MTMD-20210806145059

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 393602969
Report Date: 07/30/2021
Date Signed: 07/30/2021 01:03:56 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2525 NATOMAS PARK DR. STE 250
SACRAMENTO, CA 95833

This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/19/2021 and conducted by Evaluator Elvira Sierra

PUBLIC

COMPLAINT CONTROL NUMBER: 53-CC-20210519110312

FACILITY NAME:	KINDERCARE LEARNING CENTER - MARINERS (PRESCHOOL)		FACILITY NUMBER:	393602969
ADMINISTRATOR:	MELINDA GOMEZ		FACILITY TYPE:	850
ADDRESS:	7801 MARINERS DR.		TELEPHONE:	(209) 477-3723
CITY:	STOCKTON	STATE: CA	ZIP CODE:	95219
CAPACITY:	64	CENSUS: 36	DATE:	07/30/2021
		UNANNOUNCED	TIME BEGAN:	11:45 AM
MET WITH:	Melinda Gomez		TIME COMPLETED:	12:40 PM

ALLEGATION(S):

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Personal Rights- Staff member handled day care child in a rough manner.

INVESTIGATION FINDINGS:

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On Friday, July 30, 2021 at 11:45 a.m., Licensing Program Analyst (LPA) Elvira Sierra met with Director, Melinda Gomez to deliver findings for the above allegation. During today's inspection 36 preschool children were supervised by 6 staff.

It was alleged that Staff #2 (S2) handles child # 1 (C1) in a rough manner. Interviews were conducted with the Reporting party (RP), daycare parents, children, and staff. LPA also reviewed pertaining documents and observed the care and supervision of the children. Based on interviews, LPA learned that on 05/18/21 around lunch time S2 was observed by Staff # 3 (S3) handling C1 inappropriately hurting her wrist. Interviews revealed that S2 was trying to control C1 who was not cooperating but stated to be unaware of hurting C1 and had no intention to harm C1. Based on interviews conducted LPA determined that the manner in which S2 handled C1 was inappropriate and could have resulted in an injury. Director indicated personal rights and supervision are a priority at the facility and Staff # 2 was suspended for 3 days and a memorandum was given. LPA reiterated the importance of sections 101229, Responsibility for Providing Care and Supervision and 101223, Personal Rights to the Director
Report continues on subsequent page LIC 9099C--

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Bettina Engelman	TELEPHONE: (916) 263-5820
LICENSING EVALUATOR NAME: Elvira Sierra	TELEPHONE: (916) 216-8826
LICENSING EVALUATOR SIGNATURE:	DATE: 07/30/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/30/2021

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 3

Control Number 53-CC-20210519110312

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2525 NATOMAS PARK DR. STE 250
SACRAMENTO, CA 95833

FACILITY NAME: KINDERCARE LEARNING CENTER - MARINERS (PRESCHOOL)	FACILITY NUMBER: 393602969
	VISIT DATE: 07/30/2021

NARRATIVE

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Based on the interviews conducted, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations Title 22 is being cited on the attached LIC 9099D.

An exit interview was conducted in which the report was reviewed and discussed with the Director. Notice of Site Visit was provided. Director acknowledges, that FOR TYPE A DEFICIENCIES ONLY upon receipt, facility staff shall post LIC 9099-D with Type A deficiencies for 30 days and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months. The LIC 9224 must be signed by parents/guardians and kept with the children's forms as a receipt whenever any Type A documents are provided.

SUPERVISOR'S NAME: Bettina Engelman	TELEPHONE: (916) 263-5820
LICENSING EVALUATOR NAME: Elvira Sierra	TELEPHONE: (916) 216-8826
LICENSING EVALUATOR SIGNATURE:	DATE: 07/30/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/30/2021

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 53-CC-20210519110312

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2525 NATOMAS PARK DR. STE 250
SACRAMENTO, CA 95833

FACILITY NAME: KINDERCARE LEARNING CENTER - MARINERS (PRESCHOOL)	FACILITY NUMBER: 393602969
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 07/30/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 08/02/2021 Section Cited CCR 101223(a)	1 2 3 4 5 6 7	101223 Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights. (3) To be free from corporal or unusual punishment, infliction of pain...This requirement was not met as evidence by; Interviews revealed that S2 was trying to control C1 who was not cooperating and	1 2 3 4 5 6 7	Plan of correction- Director stated S2 was suspended until completed investigation. S2 was given a warning memorandum and additional training. Copy of memorandum was provided to LPA.
	8 9 10 11 12 13 14	handled C1 in a inappropriate manner causing harm on C1's wrist. This is an immediate risk to the health and safety of the children in care.	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: Bettina Engelman	TELEPHONE: (916) 263-5820
LICENSING EVALUATOR NAME: Elvira Sierra	TELEPHONE: (916) 216-8826
LICENSING EVALUATOR SIGNATURE:	DATE: 07/30/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/30/2021

LIC9099 (FAS) - (06/04)

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