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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 483001834
Report Date: 08/17/2021
Date Signed: 08/17/2021 02:20:30 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928
This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/02/2021 and conducted by Evaluator Elpidia Hernandez Torres
COMPLAINT CONTROL NUMBER: 01-CC-20210402104914
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
483001834
ADMINISTRATOR:LISA WIGGINSFACILITY TYPE:
830
ADDRESS:1611 WOOD CREEK DRIVETELEPHONE:
(707) 426-2275
CITY:FAIRFIELDSTATE: CAZIP CODE:
94533
CAPACITY:36CENSUS: 14DATE:
08/17/2021
UNANNOUNCEDTIME BEGAN:
11:00 AM
MET WITH:Assistant Director Shirin Rashidian TIME COMPLETED:
02:45 PM
ALLEGATION(S):
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Facility staff did not provide appropriate care and supervision to children in care.
Staff member inappropriately handled children in care.
Facility staff forced day care child to stay in a high chair.
Staff member made inappropriate comments to child in care.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Elpidia Hernandez Torres, conducted a subsequent complaint investigation inspection on 08/17/2021 at 01:00PM for the purpose of delivering the findings regarding the above allegations. LPA previously met with Assistant Director on 04/09/2021 to discuss the purpose of the visit and request Teachers’ contact information, schedules, and children’s roster. It was alleged that facility staff did not provide appropriate care and supervision to children in care, staff member inappropriately handled children in care, facility staff forced day care child to stay in a high chair, and staff member made inappropriate comments to child in care.

During the initial investigation, an interview was conducted with assistant center director on 04/09/2021. Assistant center director denied the allegations and stated the teachers are professional and have a great relationship with the children and parents.

Continued on 9099-C
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 08/17/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/17/2021
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 5
Control Number 01-CC-20210402104914
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 483001834
VISIT DATE: 08/17/2021
NARRATIVE
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During the course of the investigation, interviews were conducted with ten adults, including staff and parents, between 04/09/21 and 08/10/21. On 07/15/21 according to interviews, staff allegedly handled a child in care inappropriately, specifically relating to an incident that occurred where a child either ‘tripped or fell’ which resulted in a bruise. The staff in charge were unable to identify what happened to the child and there were no other witnesses to the incident.

Staff and parent interviews did corroborate staff place infants in the highchairs at mealtime in the ‘Infant room’ and use regular chairs and table for the infants in the ‘toddler room’ but that they were not forced to stay in the highchairs. Interviews conducted on 07/15 and 8/10, revealed infants are placed in the high chairs when cleaning to prevent the child from eating debris off the ground and staff also place infants in the high chairs while cleaning at the end of the day but not intended to force a child to stay in the high chair.

Further interviews were conducted with six staff and two parents on 07/15/21, 07/16/21, and 07/19/21. Staff and parents all expressed they have never heard a staff member directly make inappropriate comments to a child in care. A few interviews did reveal while staff did not directly hear inappropriate comments being made to children in care, they did have concerns over certain staff who may say inappropriate comments and/or their actions demonstrated not wanting to be there.

Based on interviews conducted and records reviewed, there was not sufficient evidence to corroborate that the allegations occurred. Therefore, although the allegations may have happened or are valid, there is not a preponderance of evidence to prove that the alleged violations occurred, therefore the allegations are unsubstantiated.

This Complaint Investigation Report (CIR), was reviewed and discussed with Assistant Center Director. Copy of this CIR;and Appeal Rights were given to the facility. All licensing reports are public information and must be made available upon request for at least three years.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 08/17/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/17/2021
LIC9099 (FAS) - (06/04)
Page: 2 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, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928
This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/02/2021 and conducted by Evaluator Elpidia Hernandez Torres
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20210402104914

FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
483001834
ADMINISTRATOR:LISA WIGGINSFACILITY TYPE:
830
ADDRESS:1611 WOOD CREEK DRIVETELEPHONE:
(707) 426-2275
CITY:FAIRFIELDSTATE: CAZIP CODE:
94533
CAPACITY:36CENSUS: 14DATE:
08/17/2021
UNANNOUNCEDTIME BEGAN:
11:00 AM
MET WITH:Assistant Director Shirin Rashidian TIME COMPLETED:
02:45 PM
ALLEGATION(S):
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Facility is out of ratio.
Facility does not follow safe sleeping practices.
INVESTIGATION FINDINGS:
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 Licensing Program Analyst (LPA), Elpidia Hernandez Torres, conducted a subsequent complaint investigation inspection on 08/17/2021 at 1:42PM for the purpose of delivering the findings regarding the above allegations. LPA previously met with Assistant Director on 04/09/2021 to discuss the purpose of the visit and request Teachers’ contact information, schedules, and children’s roster. It was alleged that the facility is out of ratio and facility does not follow safe sleep practices.

During the course of the investigation, interviews were conducted with ten adults, including staff and parents, between 04/09/21 and 08/10/21. On 07/15/2021, LPA Hernandez Torres was at the facility and observed one staff with 16 napping infants ages 11 months-23 months in the room labeled ‘Toddler room’. California Code of Regulation requires that “there shall be one teacher for every 12 sleeping infants”. Regulation defines and infant as “a child under two years of age” or 0 to 24 months . LPA asked staff and parents about ratios and what is normal practice both during nap and non-nap times. Interviews corroborated during nap it is usually one (1) staff to 16-18 infants.

Continued on 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 08/17/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/17/2021
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 01-CC-20210402104914
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 483001834
VISIT DATE: 08/17/2021
NARRATIVE
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During the interviews, LPA also asked about safe sleep practices in the room labeled ‘infant room’, which has children ages six (6) weeks- 12 months and the ‘toddler room’ that has infants enrolled that are 11 months- 23/24 months. When asked about safe sleep practices for those children, not all staff were able to identify and/or recite safe sleep regulations. LPA asked Center Director/Assistant Director for sleep logs and sleep plans but the center was unable to produce the documents. Staff in the infant room were asked to demonstrate 15-minute checks logged on the Kindercare app but those logs could not be reproduced after initial creation. In addition, staff confirmed that in the toddler room they were not documenting 15-minute checks.

Based on staff and parent interviews, record review, and observations, facility is out of ratio and facility does not follow safe sleeping practices. Therefore, the preponderance of evidence standard has been met and the above allegations are found to be substantiated. The California Code of Regulations, Title 22, Division 12 & Chapter 1, section 101416.5(d), and 101429(a)(2)(B) are being cited on attached LIC 9099D . This report was reviewed with the assistant center director and an exit interview was conducted. A copy of this Complaint Investigation Report (CIR) was given to the center.

Notice of Site Visit shall be posted for 30 days. Appeal Rights were provided.

Reports citing Type A violations are to be provided to parents/guardians of children currently enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC 9224 to be kept in each child's file.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 08/17/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/17/2021
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 01-CC-20210402104914
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 483001834
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/17/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/18/2021
Section Cited
CCR
101416.5(d)
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Staff-Infant Ratio: There shall be one teacher to every 12 sleeping infants.. .
This requirement was not met as evidence by. . . .
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Assitant Center Director stated to ensure this doesn't happen in the future schedules will be changed to ensure not all teachers are on lunch during nap time and the ratio to children during nap time will be 1:12 sleeping infants. Assitant center director stated she will give the teachers lunch break schdule for a period of 1 week to show the ratio is being followed while infants nap.
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. . . Based on observations only one staff was observed during nap time with 18 infants napping and staff confirmed the ratio. This poses an immedeite health and safty risk to children in care.
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She will send the Schedule and self certification LIC 9098 to LPA Hernandez Torres by 08/18/2021.
Type B
09/07/2021
Section Cited
CCR
101429(a)(2)(B)
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Staff shall physically check on sleeping infant(s) every 15 minutes and document the following:1. Labored breathing. 2. Signs of distress… 3. Infants up to 12 mos. . . sleeping in a position other than their back (require completion of section C of sleeping plan, LIC9227, or return sleeping infant to their back).. . . This requirement was not met as evidence by...
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Assistant Center Director stated she and the director Wendy will make rounds and check to see that the logs are beling filled out for both the infant room and toddler room. Staff in the toddler and infant room will be trained on safe sleep regulations and the sign in sheet, with the time. . .
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... Based on LPA Observations and interviews, In the toddler’s room staff were not documenting 15-minute checks and couldn’t produce the log. The infant room documents on a computer app, but copies could not be produced. This poses a potential health and safty risk to children in care.
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 . . .and a document stating what was reviewed and/or what the traning included will be submitted to LPA Hernandez Torres before 09/07/2021
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: Elpidia Hernandez TorresTELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:

DATE: 08/17/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/17/2021
LIC9099 (FAS) - (06/04)
Page: 5 of 5