<meta name="robots" content="noindex">
Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 483001838
Report Date: 01/06/2023
Date Signed: 01/06/2023 03:21:57 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
09/28/2022 and conducted by Evaluator Melchisedeck Augustin
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20220928120802
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
483001838
ADMINISTRATOR:FIELDS, DONJEFACILITY TYPE:
850
ADDRESS:35 ROTARY WAYTELEPHONE:
(707) 557-3007
CITY:VALLEJOSTATE: CAZIP CODE:
94591
CAPACITY:72; 72CENSUS: 46DATE:
01/06/2023
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Donje FieldsTIME COMPLETED:
03:30 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Facility grounds contain hazardous material(s).
Facility operating out of ratio
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
Licensing Program Analyst (LPA), M. Augustin conducted an unannounced subsequent complaint-Investigation visit and met with Center Director, Donje Fields (CD) to deliver the findings regarding the above allegations. LPA previously met with CD on 10/07/22 to initiate the investigation by discussing the purpose of the visit, conducting interviews with CD and staff, making observations; and requesting a facility roster of the children currently in care. It was alleged that the facility was operating out of ratio and the facility grounds contain hazardous material(s). The report noted one teacher was left alone to care for 13 children on at least three to four occasions and drug paraphernalia (syringe) was found on the playground.

LPA, Augustin interviewed CD, five staff (S1-S5), an adult (A1), and four parents (P1-P4) from 10/03/22 through 12/15/22. The children in the classroom were not verbal, too young to interview, or did not qualify to be interviewed. CD denied that the facility classroom(s) operated out of ratio. CD did acknowledge that the facility was currently experiencing a staffing shortage but felt it did not have an impact on the staffing ratio due to various measures the facility implemented to mitigate violation of ratio requirements. (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: 01/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/06/2023
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 6
Control Number 01-CC-20220928120802
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: 01/06/2023
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
CD and staff discussed some of the measures which included management providing assistance, staff notifying facility management via radio communication if ratio requirements was not met, shuffling child(ren) between classroom(s), or parent(s) were instructed not to sign in or release their child to the class until that class had adequate staff to meet ratio requirements. CD’s statement also corroborated that hazardous materials were found on the playground while children were playing, when on two separate occasions a staff and parent found paraphernalia needles in the grassy area of the playground. CD further stated vagrants sometimes loiter on the facility premise, leaving items such as lighters, food, can(s) and evidence of campfire on the playground. At 7:30am, a staff member was designated to scan and canvas the playground prior to the children going outside to play.

Statements provided by staff (S1-S5) validated that hazardous material was found on the playground in September 2022, a parent and staff found a used syringe on the playground while the children were playing outside. S3, S4 & S5’s statements noted they do not have time to canvas the playground prior to children playing in the yard to ensure the area is clear of such hazardous items. Statements provided by S2, S3, S4 & S5 also supported claims that the facility operated out of ratio when they observed at least one classroom operating out of ratio. S3 described witnessing 13 children in care with one Teacher in the Preschool class and on another occasion, seeing more than 30 children under the care of S1 & S4 in Discovery Preschool (DP). S3 also expressed Preschool & Preschool B classrooms operated out of ratio daily. S4 further conveyed another classroom operated out of ratio a few times and that on several occasions around 3:00 pm after nap time, 24 children started to wake up resulting in S4 being left alone to supervise 24 children who were awake for 20 to 30 minutes. When the classroom was out of ratio, staff used a walkie talkie to communicate to facility management and to request assistance in the class, however; the response from management was not always fast enough to resolve the issue. Additionally, S5 reported being left alone to supervise 13 children in a classroom and that maintaining ratio requirements was particularly challenging after nap time due to 24 children waking from nap.

During LPA’s visit on 10/07/22 starting at 8:48am & at 11:05am, LPA also observed 13 children in care with one staff in the Preschool B classroom. Based on this investigation, the preponderance of evidence standard has been met and therefore, the above allegations are found to be SUBSTANTIATED. The facility did not comply with California Code of Regulations Teacher-Child ratio 101216.3(a) and Outdoor Activity Space 101238.2(d)(2). Exit interview conducted, and report was reviewed with the Center Director, Donje Fields. (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: 01/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/06/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 6
Control Number 01-CC-20220928120802
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: 01/06/2023
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
A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. California Code of Regulations, Title 22, Division 12 & Chapter 01, Article 06, are being cited on the attached LIC 9099D. Appeal Rights were provided.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 01/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/06/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 01-CC-20220928120802
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: 01/06/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
01/20/2023
Section Cited
CCR
101238.2(d)(2)
1
2
3
4
5
6
7
The surface of the outdoor activity space shall be maintained: Free of hazards including, but not limited to, holes, broken glass and other debris, and dry grasses that pose a fire hazard.

This requirement is not met as evidenced by: Based on multiple statements provided by CD and staff which corroborated that hazardous
1
2
3
4
5
6
7
Center Director stated she would produce a health and safety log, document the checks or cavasing of the play yard prior to the children playing outside. Center Director stated staff would document the checks for up to two weeks, and she would submit the completed logs to Department by 01/20/23 via mail, email or fax.
8
9
10
11
12
13
14
materials were found on the playground while children were playing. The facility did not comply with the section cited above which poses/posed a potential health, safety or personal rights risk to persons in care.
8
9
10
11
12
13
14
Email: melchisedeck.augustin@dss.ca.gov
Fax: 707-588-5099
Type B
01/20/2023
Section Cited
CCR
101216.3(a)
1
2
3
4
5
6
7
There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below.

This requirement is not as evidenced by: Based on statements provided by S2, S3, S4 & S5 also supported claims that the facility
1
2
3
4
5
6
7
Center Director stated the facility is in the process of creating a new CSR system which would be implemented by 02/01/23, and she would produce a written statement detailing how she intends apply the new system to comply with CCR 101216.3(a).
8
9
10
11
12
13
14
operated out of ratio. The facility did not comply with the section cited above which poses/posed a potential health, safety or personal rights risk to persons in care.
8
9
10
11
12
13
14
Center Director stated she would submit the written statement to the Department by 01/20/23 via mail, email or fax.
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: 01/06/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/06/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 6
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
09/28/2022 and conducted by Evaluator Melchisedeck Augustin
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20220928120802

FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
483001838
ADMINISTRATOR:FIELDS, DONJEFACILITY TYPE:
850
ADDRESS:35 ROTARY WAYTELEPHONE:
(707) 557-3007
CITY:VALLEJOSTATE: CAZIP CODE:
94591
CAPACITY:66CENSUS: 46DATE:
01/06/2023
UNANNOUNCEDTIME BEGAN:
01:00 PM
MET WITH:Donje FieldsTIME COMPLETED:
03:30 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Staff did not report incidents involving child(ren) in care.
Staff did not properly supervise day care children resulting in inappropriate interactions between children while in care.
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
Licensing Program Analyst (LPA), M. Augustin conducted an unannounced subsequent complaint-Investigation visit and met with Center Director, Donje Fields (CD) to deliver the findings regarding the above allegations. LPA previously met with CD on 10/07/22 to initiate the investigation by discussing the purpose of the visit, conducting interviews with CD and staff, and requesting Incident/Accident Reports and facility roster of the children currently in care. It was alleged that staff did not report incidents involving child(ren) in care and staff did not properly supervise day care children resulting in inappropriate interactions between children while in care. The report noted a child (C1) was involved in a fight, resulting in the child hitting his/her head, and that the incident was not reported to the child’s parent or authorized representative.

LPA, Augustin interviewed CD, five staff (S1-S5), one adult (A1) and four parents (P1-P4); and reviewed Incident/Accident reports from 10/03/22 through 12/15/22. The children in the classroom were not verbal, too young to interview, or did not qualify to be interviewed. (Continue to LIC 9099-C)
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 01/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/06/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 01-CC-20220928120802
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: 01/06/2023
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
CD’s statement did not provide evidence to support claims concerning a lack of supervision resulting in inappropriate interactions between children or that staff did not notify parent(s) of an incident. According to CD, the facility was currently experiencing a staffing shortage, but CD felt the staffing shortage did not have any impact on staff’s ability to provide adequate supervision. CD stated C1 had not been involved in a fight, however; CD did report that within the last two weeks during lunch time in the Discovery Preschool (DP), another child (C2) bit C1 on the right arm while C1 was sitting at the table for lunch, but the parents of the children involved in the incident were notified and provided with a written incident reports on that same day. CD stated at the time of the incident, S1 and S2 were present and in proximity to the children but could not intervene in time to prevent C1 from being bit. CD further stated that if staff noticed a child was about to hit their friend(s), staff would intervene or intercept to disrupt that undesired behavior.

Multiple statements provided by S1-S5 indicated staff only had knowledge pertaining to the bite incident and staff further reported there had not been any fights between children or that child(ren) did not fall off or get injured on the play equipment. S3, S4 & S5 felt there was not a supervision issue at the facility and staff provided constant supervision by actively walking and scanning the children’s play areas, but staff also felt that the facility was inadequately staff and additional support was needed. It was further acknowledged that some staff are on their phones at times, but it does not negatively impact supervision.

Staff reported they were required to notify facility management of incidents involving children, as well as produce a written incident report which was later provided to that child’s parent(s). S4’s statement noted sometimes shift changes between staff resulted in mis-communication, or staff not knowing about an incident to report it. P1, P2, P3 & P4 statements did not notate any concerns of how staff provided supervision and reported they were notified of incident(s) involving their child(ren) in a timely manner. They further stated that the facility notified parents of incidents verbally, via telephone, or provided a written incident report. On 10/11/22, the facility submitted six incident reports for six children ranging from 09/13/22 through 09/30/22, which documented one incident involving C1 being bitten on the right arm on 09/21/22. The facility reported they did not have any other reports which involved C1.

Based on LPA’s investigation, although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the allegations occurred, therefore the above allegations are found to be UNSUBSTANTIATED. Exit interview conducted, and report was reviewed with the Center Director, Donje Fields. Appeal rights were provided. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 01/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/06/2023
LIC9099 (FAS) - (06/04)
Page: 6 of 6