483001835-5-9-2023-01-CC-LLEI-CRNSDA-20230509134647

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 483001835
Report Date: 04/27/2023
Date Signed: 05/09/2023 01:41:28 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
02/03/2023 and conducted by Evaluator Elpidia Hernandez Torres

PUBLIC

COMPLAINT CONTROL NUMBER: 01-CC-20230203133132

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	483001835
ADMINISTRATOR:	WENDY CERTEZA		FACILITY TYPE:	850
ADDRESS:	1611 WOOD CREEK DRIVE		TELEPHONE:	(707) 426-2275
CITY:	FAIRFIELD	STATE: CA	ZIP CODE:	94533
CAPACITY:	86	CENSUS: 79	DATE:	04/27/2023
		UNANNOUNCED	TIME BEGAN:	10:30 AM
MET WITH:	Center Director		TIME COMPLETED:	11:55 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Facility is operating out of ratio

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Licensing Program Analyst (LPA), Elpidia Hernandez Torres, conducted a subsequent complaint investigation inspection on 04/27/2023 at 10:45AM for the purpose of delivering the findings regarding the above allegation. LPA met with Center Director on 02/08/23 to discuss the purpose of the visit and request; facility roster (LIC 9040), CSRs from, 01/23/23-02/03/23 , sign in/out from the same dates. It was alleged that the facility is operating out of ratio, specifically during nap time on one occasion a classroom was observed to have one teacher with at least 16 children running around.

During the course of the investigation, interviews were conducted with Center director, staff members, guardians and children between 02/08/23 and 03/30/23. On 02/08/23 Center Director reported, the center is in ratio as staff are schduled staggered through out the day and the napping ratio is one teacher to twenty-four children as long as they are all on their cots. According to interviews conducted on 02/08/23, during nap time beginning approximately at 12:15PM there is one teacher in the classrooms with anywhere between 16-24 children as the other teachers go on their breaks/lunches. Continued on 9099-C

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres	TELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:	DATE: 04/27/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/27/2023

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 3

Control Number 01-CC-20230203133132

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: 483001835
	VISIT DATE: 04/27/2023

NARRATIVE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

One staff member reported during nap time they have been in the classroom with 20-24 children at one time alone, the children are typically asleep but they begin to wake up and stay on their cots. Another staff member reported when they are in the classroom during naptime alone with 16-19 children, if the children don’t fall asleep they will allow them to get a book only if they are in the book area and they stay on their cots. Another staff member reported by the time they go back into the classroom at 02:30PM there can be up to 24 children in the room, with half of the children awake but still on their bed. Another staff member reported when they go to lunch there are usually 17-24 children in the classroom with one teacher because it is naptime, when they arrive from lunch there is usually 4-5 children awake still on their matts while the others are napping and their co-teacher leaves to take their lunch. On 03/30/23 two children’s interviews corroborated there is one teacher in the classroom during naptime and not all children take a nap. Interviews revealed when the children are awake during the naptime they sit on their bed.

During the visit on 02/08/23 LPA made the following observation: Preschool B classroom which had 16 children in there with one staff during nap time. 5 of the 16 children were awake on the cots sitting up reading books, they were awake, not napping. The staff was telling children to get another book and return to their cots. During the visit on 03/30/23 LPA made the following observation: at 12:58PM after last child interview 16 children were in the room with one staff member, 7 children were awake sitting up in cots. The staff member was walking around telling them to sit and lay down.

Based on interviews conducted and observations made; on more than one instance there was one staff member in a classroom with anywhere between 16 and 24 children, where not all children were napping. Therefore, 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 101230(c) is being cited on attached LIC 9099D. This report was reviewed with the Licensee and an exit interview was conducted. Licensee’s signature was not recorded on this Complaint Investigation Report (CIR), however; a copy was provided and Licensee’s confirmation of read receipt is on file. Notice of Site Visit shall be posted for 30 days. Appeal Rights were provided.

This is an Amended report.

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres	TELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:	DATE: 04/27/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/27/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 01-CC-20230203133132

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: 483001835
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/27/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 05/18/2023 Section Cited CCR 101230(c)	1 2 3 4 5 6 7	A teacher-child ratio of one teacher supervising 24 napping children is permitted provided that the remaining teachers necessary to meet the overall ratio specified in Section 101216.3(a) are immediately available at the center. This was not met as evidence by. . .	1 2 3 4 5 6 7	Center director agreed to participate in TSP as additional training. Center Director reported she will raise the concern to her district leader and will re-configure the staff schedules to ensure there is a staff member on the premises ready to enter the classroom when a child wakes up from nap time to stay with in ratio
	8 9 10 11 12 13 14	Based on observations made, and interviews conducted, on one or more occasions there have been one staff member with 16-24 children during nap time, and not all children were napping. This poses a potential health and safty risk to 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: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Elpidia Hernandez Torres	TELEPHONE: (707) 771-5568
LICENSING EVALUATOR SIGNATURE:	DATE: 04/27/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/27/2023

LIC9099 (FAS) - (06/04)

Page: 3 of 3