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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 483001833
Report Date: 11/10/2022
Date Signed: 11/10/2022 04:10:20 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 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
08/31/2022 and conducted by Evaluator Elpidia Hernandez Torres
COMPLAINT CONTROL NUMBER: 01-CC-20220831123421
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
483001833
ADMINISTRATOR:WENDY CERTEZAFACILITY TYPE:
840
ADDRESS:1611 WOOD CREEK DRIVETELEPHONE:
(707) 426-2275
CITY:FAIRFIELDSTATE: CAZIP CODE:
94533
CAPACITY:50CENSUS: 36DATE:
11/10/2022
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Center Director Wendy Certeza TIME COMPLETED:
04:15 PM
ALLEGATION(S):
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Staff allowed child to be bullied by other daycare children.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Elpidia Hernandez Torres, conducted a subsequent complaint investigation inspection on 11/10/2022 at 01:00PM for the purpose of delivering the findings regarding the above allegation. LPA previously met with Center Director Wendy to discuss the purpose of the visit and request personnel records and children roster. It was alleged that staff allowed child to be bullied by other daycare children, specifically that children are being bullied on the bus on the way to the center.

During the course of the investigation, interviews were conducted with Center Director, two staff, three guardians and seven children, between 09/07 and 10/18. On 09/07, center director stated bullying is not tolerated at the center, staff intervene and talk it out with guidance of the teacher. She also stated the incident that occurred on the bus has been discussed with all parties involved and handled. Staff corroborated Center director’s statements adding, they speak with the children who are involved in a bullying incident and have them talk with one another. Staff stated sometimes it works, sometimes the children just roll their eyes and stay quiet. Staff stated if it escalates, they speak with guardians of the children. Continued on 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres
LICENSING EVALUATOR SIGNATURE:

DATE: 11/10/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/10/2022
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
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 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
08/31/2022 and conducted by Evaluator Elpidia Hernandez Torres
COMPLAINT CONTROL NUMBER: 01-CC-20220831123421

FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
483001833
ADMINISTRATOR:WENDY CERTEZAFACILITY TYPE:
840
ADDRESS:1611 WOOD CREEK DRIVETELEPHONE:
(707) 426-2275
CITY:FAIRFIELDSTATE: CAZIP CODE:
94533
CAPACITY:50CENSUS: DATE:
11/10/2022
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:TIME COMPLETED:
04:15 PM
ALLEGATION(S):
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Staff made inappropriate comments in front of daycare children.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Elpidia Hernandez Torres conducted a subsequent complaint investigation visit with center director for the purpose of delivering complaint investigation findings. It has been alleged Staff made inappropriate comments in front of daycare children. Specifically, staff speak about day care children with other staff in the presence of other daycare children.

During the initial investigation an interview was conducted with director and two staff on 09/07/2022, Center director and a staff member denied the allegation. Center director stated KinderCare does not promote gossiping and if its brought to her attention she stops the gossip. A staff member corroborated center directors’ statements adding teachers will talk about their own children with other staff members, but do not speak about the children enrolled in the classroom. Another staff member stated she had heard teachers gossip, and would bring it to the attention of management. continued on 9099-C

Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres
LICENSING EVALUATOR SIGNATURE:

DATE: 11/10/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/10/2022
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 01-CC-20220831123421
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 483001833
VISIT DATE: 11/10/2022
NARRATIVE
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Interviews were conducted with three guardians and seven children between 10/10-10/18. Some guardians stated they had not heard the staff gossiping as their interactions with staff are brief. A guardian stated they heard some teachers speaking about a child stating they “need to learn to defend themselves”. Some children stated there was a teacher who would cuss but that teacher no longer works there. Other children stated they had not heard any teachers say mean comments about children. Some children stated they didn’t know if they heard staff make mean comments.

Based on interviews conducted and records reviewed, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violation occurred, therefore the allegation is Unsubstantiated.

This report was reviewed and discussed with Center Director, She was provided with a copy of this CIR; and Appeal Rights. All licensing reports are public information and must be made available upon request for at least three years.
SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres
LICENSING EVALUATOR SIGNATURE:

DATE: 11/10/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/10/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 01-CC-20220831123421
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 483001833
VISIT DATE: 11/10/2022
NARRATIVE
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 All guardians interviewed stated their children have been bullied physically and verbally on the bus and at the center. Some guardians stated they only find out because their child will tell them, or the staff will mention it in a “nonchalant” manner. All guardians corroborated when their children have been bullied the staff separate the children physically away from each other, but their children still get bullied.

On 10/18, LPAs Hernandez-Torres and Fernandes-Goes arrived to the facility to interview children and make observations. According to children interviews there are bullies at the center, and they report bullying to their teachers, but the bullies don’t listen to the teacher even if it means they lose their outside time. Some children stated the bullying is both verbal and physical and the teachers don’t see the physical confrontations all the time. When they do see it they make the bully sit down. LPA Fernandes- Goes observed a child push another child, when it was reported to the classroom teacher, the teacher told them to stop and continued with their task. The teacher did not separate the children, nor acknowledge what had just occurred.

Based on interviews and observations made the preponderance of evidence standard has been met and the above allegation is found to be substantiated. The California Code of Regulations, Title 22, Division 12 & Chapter 1, section 101223(a)(1) is being cited on attached LIC 9099D . This report was reviewed with the Center Director and an exit interview was conducted. Notice of Site Visit shall be posted for 30 days. Appeal Rights were provided.

SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres
LICENSING EVALUATOR SIGNATURE:

DATE: 11/10/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/10/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 01-CC-20220831123421
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 483001833
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/10/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
12/02/2022
Section Cited
CCR
101223(a)(1)
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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 has not been met. . .
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 Center director stated she is going to talk to Melani the regional mangaer and see if their is in house trainings that can be taken. Center director stated that she will reach out if TSP is the route to take.
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. . . as evidence by, based on interviews and observations staff at the center are not mitigating verbal and physical bullying. This poses a potential health and safty risk to children in care.
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Center director will submit a plan of what they will do to prevent and mitigate bullying to
LPA Hernandez Torres via email, mail or fax.
Email: elpidia.hernandez-torres@dss.ca.gov
Mail: 1450 Neotomas Ave Suite 100 Santa Rosa CA 95405
Fax: (707) 588-5099
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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.
SUPERVISORS NAME: Leslie Lepori
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres
LICENSING EVALUATOR SIGNATURE:

DATE: 11/10/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/10/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 5