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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 483001829
Report Date: 07/24/2023
Date Signed: 07/24/2023 10:06:57 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/28/2023 and conducted by Evaluator Sebastian Phouthavong
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20230428094910
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
483001829
ADMINISTRATOR:HAYMER, MORNENFACILITY TYPE:
840
ADDRESS:581 PEABODY ROADTELEPHONE:
(707) 447-7685
CITY:VACAVILLESTATE: CAZIP CODE:
95687
CAPACITY:24CENSUS: 18DATE:
07/24/2023
UNANNOUNCEDTIME BEGAN:
08:30 AM
MET WITH:Brenda Hardaway - Center DirectorTIME COMPLETED:
10:00 AM
ALLEGATION(S):
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Staff did not provide adequate transportation to pick up daycare children from their school
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Sebastian Phouthavong, made a subsequent complaint investigation visit and met with Center Director, Brenda Hardaway (CD), for the purpose of delivering findings for the above allegation. LPA, Melchisedeck Augustin previously met with CD on 05/05/23 to initiate the investigation by discussing the purpose of the visit, conducting interviews, making observations, and requesting personnel and children’s records, Parent Handbook; and a facility roster. It is alleged that staff did not provide adequate transportation to pick up daycare children from their school.

LPA interviewed CD, two staff (AD & S1), one adult (A1), five children (C2-C6), and five parents (P1-P5) from 04/28/23 through 06/20/23. CD denied claims about staff not providing adequate transportation to pick up children from school but that in February 2023, a former bus driver did not return to work due to personal reasons which caused a staffing shortage and the AD as the only driver currently at the facility. The bus was equipped to transport nine children at a time and AD tallied the names of the children on a Child Supervision Record (CSR) when they get on and off the bus.
(Continue on LIC9099-C)
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Sebastian PhouthavongTELEPHONE: 707-588-5056
LICENSING EVALUATOR SIGNATURE:

DATE: 07/24/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/24/2023
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 5
Control Number 01-CC-20230428094910
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 483001829
VISIT DATE: 07/24/2023
NARRATIVE
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 (Continue from LIC9099)
Depending on the day, the number of children that needed to be picked up exceeded the bus’s capacity, requiring the bus to make more than one trip to the same school which caused a delay in children’s pickup times. The bus was sometimes 10 or more minutes late arriving at the school(s). Statements provided by AD and S1 confirmed the number of drivers decreased from three to one, leaving AD as the only driver, but the facility was trying to hire new drivers. On some days, AD had to split the groups and make more than one trip to the same school and attributed the bus’s tardiness to traffic.

According to two adult statements, on at least one occasion, the bus was either canceled or didn’t show up and C2 & C3 were not pick up at their school resulting in the parents picking them up. Other statements indicated some facility buses were broken and sometimes the bus was five to 12 minutes late but A1, P2, P3 reported the bus had been late 5-45 minutes. P2 & P3 felt the tardiness was caused either by lack of staffing, ineffective communication, bus(es) breaking down, and/or vandalism of the bus(es). P1 & P2 stated that on a prior occasion, the facility didn’t notify them of the pickup cancellation, resulting in P1, P2 & P3 being contacted by their child’s school to pick them up due to the bus not showing up or calling. Some parents also expressed they signed an agreement and paid additional fees to secure transportation for their children.

Children interviews (C3, C4, C5, C6), also confirmed that the bus had been late picking them up and they had to wait but were never left alone. C3 also stated that they had to be picked up at the school by the parent.

Parents sign an agreement and pay an additional fee to secure transportation for their children. The Parent Handbook and Enrollment Agreement outlines the conditions for transportation which indicates that the facility sent parents a reminder that it was the facility’s goal for the vans to arrive at each school within 10 minutes of the child’s release time, however delays in arrival could occur during unforeseen circumstances and the facility would inform the school as soon as possible.

Based on the investigation, the preponderance of evidence standard has been met. Therefore the above allegation is found to be substantiated. The following violation of the California Code of Regulations, Title 22; Division 12 is being cited on the LIC9099D. An exit interview was conducted and report reviewed with Director, Brenda Hardaway. Appeal rights were provided. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Sebastian PhouthavongTELEPHONE: 707-588-5056
LICENSING EVALUATOR SIGNATURE:

DATE: 07/24/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/24/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 01-CC-20230428094910
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 483001829
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/24/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/07/2023
Section Cited
CCR
101173
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(d) The child care center shall operate in accordance with the terms specified in the plan of operation: Transportation arrangements provided by the applicant/licensee for children who do not have independent arrangements.
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Licensee agrees to develop a plan to secure more reliant transportation services and send a copy of the plan to CCL by POC date 8/07/2023 to clear the deficiency
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This requirement has not been met as evidenced by parent and children interviews who stated the bus was more than 10 minutes late on multiple occasions and failed to pick up children and/or did not call the school on at least one occasion. This poses a potential health and safety risk to the children in care.
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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: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Sebastian PhouthavongTELEPHONE: 707-588-5056
LICENSING EVALUATOR SIGNATURE:

DATE: 07/24/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/24/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/28/2023 and conducted by Evaluator Sebastian Phouthavong
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20230428094910

FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
483001829
ADMINISTRATOR:HAYMER, MORNENFACILITY TYPE:
840
ADDRESS:581 PEABODY ROADTELEPHONE:
(707) 447-7685
CITY:VACAVILLESTATE: CAZIP CODE:
95687
CAPACITY:24CENSUS: 18DATE:
07/24/2023
UNANNOUNCEDTIME BEGAN:
08:30 AM
MET WITH:Brenda Hardaway - Center DirectorTIME COMPLETED:
10:00 AM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Staff left daycare child unattended
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
Licensing Program Analyst (LPA), Sebastian Phouthavong made a subsequent complaint investigation visit and met with Center Director, Brenda Hardaway (CD) for the purpose of delivering findings for the above allegations. LPA, Melchisedeck Augustin previously met with CD on 05/05/23 to initiate the investigation by discussing the purpose of the visit, conducting interviews, making observations, and requesting personnel and children’s records, Parent Handbook, and a facility roster. It is alleged that staff left daycare child unattended at the school.

LPA interviewed CD and two staff (AD & S1), one adult (A1), five children (C2-C6), and five parents (P1-P5) from 04/28/23 through 06/20/23. CD denied the facility left daycare children unattended at their school and claimed that the bus never left a child behind at school. CD further stated that in February 2023, a former bus driver did not return to work due to personal reasons which created a staffing shortage, leaving the AD as the only staff currently covering the position. The bus was equipped to transport nine children at once and AD tallied the names of the children on a Child Supervision Record (CSR) when children got on and off the bus.
(Continue on LIC9099-C)
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Sebastian PhouthavongTELEPHONE: 707-588-5056
LICENSING EVALUATOR SIGNATURE:

DATE: 07/24/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/24/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 01-CC-20230428094910
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SANTA ROSA RO, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 483001829
VISIT DATE: 07/24/2023
NARRATIVE
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(Continue from LIC9099-C)
Depending on the day, the number of children that needed to be picked up exceeded the bus’s capacity, requiring the bus to make more than one trip to the same school which caused a delay in children’s pickup times. CD claimed when the bus was 10 or more minutes late due to traffic, school district personnel were notified and supervised the children while they waited for the bus. Statements provided by AD and S1 confirmed there was one driver dropping off/picking up children from school and though the driver may have been late, staff never left any child(ren) unattended, and school district personnel were always present while the children waited for the bus. AD also claimed whenever the bus was running late, either AD or the facility called the school(s) to notify of the delay.

According to two adult statements, on at least one occasion, the bus was either canceled or didn’t show up and C2 & C3 were not picked up at their school resulting in the parents picking them up. Statements indicated some of the facility’s buses were broken and sometimes the bus was late five to 12 minutes but A1, P2, P3 expressed the bus had been late 5-45 minutes. P1 & P2 reported that on a prior occasion, the facility did not notify them of pickup cancellation, resulting in P1, P2 & P3 receiving calls from their child’s school to pick them up due to the bus not showing up which left the care and supervision to school personnel instead of the facility staff. P2 stated there had been so many issues with transportation and being late, specifically one time 30 to 45 minutes late, and that it’s the facility’s responsibility not the schools if something happened. P3 felt it was the facility’s responsibility to provide care and supervision and not the school personnel at the expected pick-up time

Parents sign an agreement and pay an additional fee to secure transportation for their children. The Parent Handbook and Enrollment Agreement outlines the conditions for transportation and indicates that the facility sent parents a reminder that it was the facility’s goal for the vans to arrive at each school within 10 minutes of the child’s release time, and delays in arrival can occur due to unforeseen circumstances. If so, the facility would inform the school as soon as possible, and children should wait in the office if the van was late.

Based on the investigation, although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the allegation occurred, therefore the above allegation is found to be unsubstantiated. An exit interview conducted with Director, Brenda Hardaway. Appeal rights were provided. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Sebastian PhouthavongTELEPHONE: 707-588-5056
LICENSING EVALUATOR SIGNATURE:

DATE: 07/24/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/24/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5