483001838-3-23-2022-01-CC-LLEI-CCY4CR-20220328185932

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 483001838
Report Date: 03/23/2022
Date Signed: 03/23/2022 03:37:59 PM

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
12/27/2021 and conducted by Evaluator Melchisedeck Augustin

PUBLIC

COMPLAINT CONTROL NUMBER: 01-CC-20211227121144

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	483001838
ADMINISTRATOR:	FIELDS, DONJE		FACILITY TYPE:	850
ADDRESS:	35 ROTARY WAY		TELEPHONE:	(707) 557-3007
CITY:	VALLEJO	STATE: CA	ZIP CODE:	94591
CAPACITY:	72; 72	CENSUS: 48	DATE:	03/23/2022
		UNANNOUNCED	TIME BEGAN:	09:40 AM
MET WITH:	Donje Fields - Center Director		TIME COMPLETED:	11:00 AM

ALLEGATION(S):

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Child sustained injury while in care.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA), Melchisedeck. Augustin conducted an unannounced subsequent complaint-Investigation visit and met with Center Director, Donje Fields (CD) to deliver the finding regarding the above allegation. LPA Augustin previously met with CD on 01/05/22 to initiate the investigation by discussing the purpose of the visit, conducting interviews with staff, and requesting personnel records, facility roster, incident reports; and parent handbook. It was alleged that a child (C1) sustained injury while in care. The report noted C1 was bitten on three separate occasions which left visible red bruises.

LPA Augustin interviewed CD, eight staff (AD, S1-S7), two children, and four parents (P1-P4) from 01/04/22 through 03/10/22. Some children were not verbal, too young to interview, or did not qualify to be interviewed. CD’s statement corroborated the allegation when she reported C2 bit C1 in two areas while the children were playing a game in the Discovery Preschool (DP) on the week of 12/21/21 and another incident where C2 bit C1 again during the week of 12/27/21 which left a visible bruise. CD also reported a separate incident where another child (C3) bit a child (C10) because C10 was trying to sit on a chair in the Pre-K class. (Continue to LIC 9099-C)

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck Augustin	TELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:	DATE: 03/23/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/23/2022

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20211227121144

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: 483001838
	VISIT DATE: 03/23/2022

NARRATIVE

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CD claimed staff produced an incident report and provided the report to the parents of the involved children. CD claimed that since the facility’s attendance at the Non Compliance Conference with CCLD held on 12/21/21, the facility took a variety of steps in attempting to prevent or reduce biting and hitting incidents which consisted of utilization of Antecedent/Behavior/Consequence (ABC) Chart, staff diverting and reminding child(ren) to use their words to express themselves, and transferring child(ren) with frequent biting behavior(s) to a classroom with older children in an effort for the older children to help guide them.

Multiple staff statements confirmed witnessing C2 biting C1 and the steps the facility took to prevent or reduce biting and hitting incidents as described by CD. S1 and S2 confirmed that C2 and C3 bit C10 which left a visible ring mark, while S5, S6, S7 and AD reported they saw between one and six incidents of biting and hitting from December 2021 through early March 2022 that included C2 biting C1 on various body parts resulting in either a visible red colored bruise with broken skin or a swollen appearance. Furthermore, S7 claimed she witnessed an incident involving C2 punching another child (C4) with a toy on the nose resulting in bleeding to C4’s nose. Staff expressed concerns of inadequate staffing at the facility and felt that staffing directly impacted the quality of care and supervision of children in care and the number of unusual incidents at the facility. Some staff stated they noticed an improvement in how the facility managed children with challenging behaviors while other staff felt that although the facility was providing more individual support to classrooms, the facility’s biting policy had not prevented children from being bitten.

Statements provided by P1 and P2 corroborated the allegation, reporting the facility’s biting policy, which included consulting with Inclusion Services, did not directly reduce or address challenging behaviors. On 12/29/21, the Department obtained evidence which showed C1 sustained an injury on 12/23/21 at 10:28am and a visible bite mark on 12/29/21. On 01/07/22 and 03/07/22, CD submitted 27 incident reports for eight children, ranging from 12/10/21 through 03/07/22 which documented 19 biting incidents of which 14 incidents involved C2 biting another child(ren).

Based on the investigation, there’s a preponderance of evidence to show C1 sustained the injuries at the facility, as well as a consistent pattern of children sustaining injuries which violates the children’s personal rights. As such, the California Code of Regulations, Title 22, Division 12, Chapter 1 is being cited on the attached LIC 9099D. (Continue to LIC 9099-C)

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck Augustin	TELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:	DATE: 03/23/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/23/2022

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20211227121144

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: 483001838
	VISIT DATE: 03/23/2022

NARRATIVE

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An immediate Civil Penalty of $500 is being assessed for violation of regulation 101223(a)(2) which resulted in injury to a child in care, as well as a previous licensing report was issued on 11/10/21 giving the same violation, and as such; a $250 Civil Penalty is being assessed for repeat of the same regulation within 12 months. Appeal Rights were provided and exit interview conducted.

LPA, Melchisedeck Augustin informed Center Director, Donje Fields that this report dated 03/23/2021 document(s) one Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Also, LPA, Melchisedeck Augustin informed the Center Director to provide a copy of this licensing report dated 03/23/2021 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck Augustin	TELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:	DATE: 03/23/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/23/2022

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20211227121144

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: 483001838
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 03/23/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 03/24/2022 Section Cited CCR 101223(a)(2)	1 2 3 4 5 6 7	The licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. This requirement was not met as evidenced by: statements provided by CD and multiple staff, as well evidence obtained by the Department	1 2 3 4 5 6 7	Center Director stated she would provide more supervision and activities, and would also purchase more alike items for the classrooms to keep the children engaged in an effort to reduce or prevent challenging behaviors suchs as biting and/or hitting. CD stated she would produce a written plan detailing how the facility
	8 9 10 11 12 13 14	which showed C1 sustained injury and corroborated the allegation. This posed an immediate health,safety and personal rights risk to the children in care. An immediate Civil Penalty of $500 was assessed due to a violation resulting in injury to a child in care, and Civil Penalty of $250 was assessed for repeat violation.	8 9 10 11 12 13 14	intends to comply with CCR 101223(a)(2) and submit the plan to the Department by 03/24/22.
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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 Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck Augustin	TELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:	DATE: 03/23/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/23/2022

LIC9099 (FAS) - (06/04)

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