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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 483001838
Report Date: 11/24/2021
Date Signed: 11/24/2021 10:44:41 AM



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
08/27/2021 and conducted by Evaluator Melchisedeck Augustin
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20210827120340
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
483001838
ADMINISTRATOR:CANARIOS, ROSEFACILITY TYPE:
850
ADDRESS:35 ROTARY WAYTELEPHONE:
(707) 557-3007
CITY:VALLEJOSTATE: CAZIP CODE:
94591
CAPACITY:72CENSUS: 35DATE:
11/24/2021
UNANNOUNCEDTIME BEGAN:
08:10 AM
MET WITH:Donje FieldsTIME COMPLETED:
11:00 AM
ALLEGATION(S):
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Lack of supervision resulting in day care child being bitten several times
Staff did not notify day care child's authorized representative of incident
Day care child sustained unexplained injury while in care
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPA), M. Augustin and E. Hernandez Torres conducted an unannounced subsequent complaint-Investigation visit and met with Center Director, Donje Fields (CD) to deliver the findings regarding the above allegations. On 09/02/21, LPA Hernandez Torres met with facility representative, Wendy Certeza (FR) to initiate the investigation by discussing the purpose of the visit, conducting interviews with children, and requesting personnel records, facility roster, incident reports and parent handbook. It was alleged there was a lack of supervision resulting in day care child being bitten several times and staff did not notify day care child's authorized representative of incident. It was also alleged that a day care child sustained unexplained injury while in care. The report noted the involved child was either bitten or scratched on the upper back, right arm, and front right neck which left a visible red bruising bite or scratch mark(s).

LPA, Hernandez Torres interviewed eight children on 09/02/21 and LPA Augustin interviewed current CD, nine parents (P1-P9), two adults (A1 - A2), and six staff (S1-S6) from 08/31/21 through 10/18/21. Some children were not verbal, too young to interview, or did not qualify to be interviewed. (Continue to LIC 9099-C)
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 11/24/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/24/2021
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-20210827120340
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: 483001838
VISIT DATE: 11/24/2021
NARRATIVE
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CD claimed she assumed the role of Center Director on 09/20/21 and did not have knowledge of the claims so she could not provide information pertaining to any claims prior to 09/20/21. CD expressed that if a child was bitten to the point where the skin broke, then there was a supervision issue. CD did report an incident involving a child (C10) being bitten by another child (C11) on the arm while they were on the Discovery Preschool (DP) outdoor playground on 09/30/21 at 5:28pm. Staff were required to produce an incident report(s) after an incident(s), notify and provide that report(s) to facility management which then notified and provided a duplicate copy of the incident report to parent(s) of all child(ren) involved in the incident(s).

Multiple staff statement confirmed the facility’s procedure for reporting unusual incident(s) as described by CD. S2, S3 and S6 reported child (C9) and several other children in the DP class had been bitten by another child (C11) on more than one occasion. S2 and S6 respectively reported that another child (C12) bit C9 on the hand and C9 had either been hit, bitten or hurt between 8 to 10 times. S1 reported a staffing shortage at the facility and staff (S1-S6) statements corroborated that between a period of one to eight weeks, they saw between two to ten incidents involving child(ren) being bitten by another child which sometimes resulted in a visible bite mark, bruise, or broken skin.

Parent and adult statements provided by P1, P2, P3, P4, P5, P9, A1 and A2 corroborated the allegations, reporting concerns of lack of supervision resulting in a consistent pattern of child(ren) being bitten or injured at the facility, as well as occasions where the facility did not notify parents of incidents in which their child(ren) were involved. P1 reported the facility did not notify C9’s authorized representative of incidents involving C9 being bitten on either the back or neck which resulted in a visible scratch, red bruise or bite mark, and P3 reported her child was bitten at least five times where on multiple occasions P3 saw visible, pink colored bite mark(s) on her child’s shoulder and right arm while in the classroom or playground in March 2021. P3 felt the children were not being supervised enough which led to the incident(s) going unnoticed. P4, reported another child bit her child, and felt there was a definite issue with supervision. Also, between the months of August through September 2021, P5 witnessed her child had a busted lip that was not initially reported, while P9 saw a visible scrape on her child’s right elbow in which staff could not explain. A1 reported in a one-week period, a C11 bit other children at least 10 times and although staff apologized to the parent, the facility did not take necessary steps to prevent or decrease the bite incidents. A2 reported a C11 would sometimes bite one to three times daily in DP and saw that incident report(s) that were sitting on a long table near the sign in/out binder had not been provided to parents. (Continue to LIC 9099-C)
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 11/24/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/24/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 01-CC-20210827120340
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: 483001838
VISIT DATE: 11/24/2021
NARRATIVE
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On 09/02/21, the Department obtained evidence which showed C9 sustained three visible scratches bruises/marks on the front right corner of the neck and visible bite marks on the mid left and upper right back and right arm. On 10/01/21, CD submitted 52 incident reports for four children, ranging between 06/20/20 through 10/01/21 which documented 33 confirmed biting incidents consisting of C9’s right arm and back biting incidents on 08/27/21 & 10/01/21, 24 incidents involving three other children biting other child(ren) in care, and another seven incidents involving children bitten by another child between 05/12/21 through 10/01/21.

Based on the investigation, there’s a preponderance of evidence to show a consistent pattern of children sustaining injuries, primarily resulting from a lack of supervision of the children in care of which parents were not always informed. As such, the California Code of Regulations, Title 22, Division 12, Chapter 1 is being cited on the attached LIC 9099D. A previous licensing report was issued on 01/13/21 giving notice of the same violation and a Civil Penalty of $1000 is assessed for a repeat of an immediate Civil Penalty of CCR 101229(a) which resulted in injuries. This is a repeat violation of the deficiency section previously cited and cleared on 01/13/21. Appeal Rights were provided and exit interview conducted.

Reports citing Type A violations are to be provided to parents/guardians of children currently in enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC9224 to be kept in each child's file.

SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 11/24/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/24/2021
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 01-CC-20210827120340
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: 483001838
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/24/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
11/25/2021
Section Cited
CCR
101229(a)
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Responsibility for Providing Care and Supervision. The licensee shall provide care and supervision as necessary to meet the children's needs.

This requirement is not met as evidenced by: Based on the investigation, there’s enough evidence to show a consistent pattern of children sustaining injuries at the facility,
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CD stated she created a list of children that bite and the facility intends to utilize recommendations from the inclusion plan to decrease the biting incident, as well as CD recently hired a fully quailified teacher and a new Aide to provide additional support to the classroom; and CD is working on hiring new staff. CD stated she would produce a written statement detailing how the facility intended to
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resulting from a lack of supervision of the children in care. A previous licensing report was issued on 01/13/21 giving notice of the same violation and a repeat violation of an immediate Civil Penalty of $1000 is assessed for repeat violation. This poses/posed an immediate health, safety and personal rights risk to the children in care.
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 increase staff staff supervision and reduce biting and injuries to the children in care, and CD would submit POC to the Department by 11/25/21 via email or fax.

Email: melchisedeck.augustin@dss.ca.gov
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.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 11/24/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/24/2021
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 01-CC-20210827120340
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: 483001838
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/24/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
12/08/2021
Section Cited
CCR
101212(f)
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Reporting requirements. The items specified in (d)(1)(A) through (H) above shall also be reported to the child's authorized representative.

This requirement is not met as evidenced by: Based on the investigation, there’s a preponderance of evidence to show a consistent pattern of children sustaining
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CD stated she had a prior meetings with staff to discuss reporting requirements, ratios and supervision on 09/30/21, 10/11/21 and 11/19/21. CD stated she would sbumit staff signed attendance sheet for the different meeting dates and she would also submit the meetin(s) topics and agendas for each meeting, to the Department by 12/08/21 via mail, email or fax.
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 injuries, primarily resulting from a lack of supervision of the children in care of which parents were not always informed. This poses/posed health, safety and personal rights risk to the children in care.
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Email: melchisedeck.augustin@dss.ca.gov
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.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 11/24/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/24/2021
LIC9099 (FAS) - (06/04)
Page: 5 of 5