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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 483001838
Report Date: 10/28/2021
Date Signed: 10/28/2021 12:22:42 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
08/03/2021 and conducted by Evaluator Melchisedeck Augustin
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20210803115932
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: 44DATE:
10/28/2021
UNANNOUNCEDTIME BEGAN:
10:50 AM
MET WITH:Donje Fields - Center DirectorTIME COMPLETED:
12:45 PM
ALLEGATION(S):
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Staff did not maintain appropriate staffing ratios
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs), M. Augustin and E. Hernandez Torres conducted an unannounced subsequent complaint-Investigation visit and met with Center Director, Donje Fields (CD) to deliver the finding regarding the above allegation. On 08/06/21, LPA Yang met with former Center Director, Rose Canarios (CD1) to initiate the investigation by discussing the purpose of the visit, request personnel records and facility roster. It was alleged that staff did not maintain appropriate staffing ratios. The report noted on 08/02/21, two staff supervised 32 children in the class, and subsequently, one staff was left alone in that same class to supervise 32 children.

From 09/24/21 through 10/18/21, LPA Augustin interviewed CD, eight parents (P1-P8), two adults (A1 - A2), six staff (S1-S6), and reviewed personnel records. CD denied the claim that one staff was left alone to supervise up to 32 children, however; CD did confirm the facility operated out of ratio. CD stated that S4 & S5 had not completed ECE units and qualified as Aide(s), but that each classroom maintained a ratio of 18 children in care with one fully qualified teacher and one Aide without ECE units. (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: 10/28/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/28/2021
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-20210803115932
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: 10/28/2021
NARRATIVE
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CD claimed she was misinformed of the teacher-child ratio and was unaware that a fully qualified Teacher and an Aide without ECE units could not supervise up to 18 children. Once CD became aware of the direct impact that staff qualifications had on teacher-child ratio requirements, CD took appropriate steps to correct the ratios and conveyed the information to staff by holding a staff meeting on 09/30/21.

Multiple statements provided by adults or staff either reported they witnessed unqualified staff left alone with children, and/or on average, each class maintained 18 children in care with a fully qualified Teacher and one Aide without ECE units. Two adult interviews corroborated the allegation reporting that early on July 2021, A1 witnessed S4 was left alone in the Discovery Preschool (DP) class to supervise 20 children and on another occasion, A1 saw two Teachers caring for 30 children in the Preschool classroom. A2 also reported witnessing one fully qualified Teacher providing care to 32 children in the Preschool class.

During LPA’s visit via video conference on 09/29/21 starting at 10:14am, LPA observed the facility operating out of ratio with one fully qualified teacher and S5 caring for 18 children in the Preschool class. On 10/13/21, LPA reviewed three staff (CD, S4 & S5) records which revealed that S4 and S5 did not meet the Teacher Aide qualifications of Title 22 regulations, 101216.2 which impacted Teacher-Child ratio of Title 22 regulations, 101216.3(b)(1).

Based on this investigation, there is a preponderance of the evidence to support the allegation that staff did not maintain appropriate staffing ratios, and therefore, the allegation is substantiated. The California Code of Regulation 101216.3(b)(1) of the Title 22, Division 12, Chapter 1, Article 6, are being cited on LIC 9099D. This report was discussed and reviewed with CD and an Exit interview was conducted with CD. Notice of Site Visit shall be posted for 30 days. Appeal Rights were provided.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 10/28/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/28/2021
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 01-CC-20210803115932
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: 10/28/2021
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
11/08/2021
Section Cited
CCR
101216.3(b)(1)
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A ratio of one fully qualified teacher (as specified in Section 101216.1(c)) and one aide for every 18 children in attendance in a preschool program is allowed when the aide meets the qualifications specified in Section 101216.2(d).
This requirement is not met as evidenced by: Based on
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CD stated S4 and S5 enrolled on 10/11/21 & 10/12/21 and intends to complete a Child Development program through Teach-Stone. Additionally, in the classroom, there is a fully qualified teacher and an Aide to supervise 15 children and if there are two Aides, the ratio is 18. CD stated she also hired another staff.
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multiple statements provided by adults and staff, and records reviewed on 10/13/21 which revealed that S4 and S5 did not meet the Teacher Aide qualifications which impacted Teacher-Child ratio of Title 22 regulations, 101216.3(b)(1). This posed a potential health and safety risk to the children in care.
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CD plans to submit a written plan to the Department to detail how the facility intends to comply with CCR, 101216.2(d)(1), and the POC will be due by, 11/08/21
email: melchisedeck.augustin@dss.ca.gov
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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: 10/28/2021
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/28/2021
LIC9099 (FAS) - (06/04)
Page: 3 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
08/03/2021 and conducted by Evaluator Melchisedeck Augustin
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20210803115932

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:62CENSUS: 44DATE:
10/28/2021
UNANNOUNCEDTIME BEGAN:
10:50 AM
MET WITH:Donje Fields - Center DirectorTIME COMPLETED:
12:45 PM
ALLEGATION(S):
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Children's napping equipment is not arranged appropriately
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs), M. Augustin and E. Hernandez Torres conducted an unannounced subsequent complaint-Investigation visit and met with Center Director, Donje Fields (CD) to deliver the finding regarding the above allegation. On 08/06/21, LPA Yang met with former Center Director, Rose Canarios (CD1) to initiate the investigation by discussing the purpose of the visit and requested a facility roster. It was alleged that the children's napping equipment was not arranged appropriately. The report noted children’s napping equipment was separated only a few inches from each other.

From 09/24/21 through 10/18/21, LPA Augustin interviewed CD, eight parents (P1-P8), two adults (A1 - A2), and six staff (S1-S6). CD denied the allegation, claiming each child’s cot was separately stored in each child’s cubby to ensure they were not touched and during daily nap between 12:30pm through 2:30pm, the children’s sleeping equipment setup consisted of cots covered with a sheet, a blanket provided to children, and cots are separated three feet apart from each other in head to toe orientation. (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: 10/28/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/28/2021
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 01-CC-20210803115932
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: 10/28/2021
NARRATIVE
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CD claimed she never saw the children’s sleeping equipment spaced less than three feet apart and there was enough space for staff to walk in between without any issues. According to CD, the facility arranged the napping equipment in accordance with California Code of Regulation (CCR), 101239.1.

Statements provided by A1, A2 and S3 reported the children’s napping equipment would be covered with a sheet and each child was provided with a blanket, but the napping equipment was separated only several inches and up to twelve inches apart from each other. Statements provided by parents noted due to the COVID pandemic, they had not entered the facility and they could not provide information pertaining to the allegation, while other statements provided by staff (S1-S2 & S4-S6) did not report concerns or violation(s) of CCR, 101239.1.

Based on this investigation, there’s not a preponderance of evidence to support the allegation and therefore; the allegation is unsubstantiated. This report was discussed and reviewed with CD and an Exit interview was conducted with CD. Notice of Site Visit shall be posted for 30 days. There were no title 22 deficiencies cited during this visit.
SUPERVISOR'S NAME: Leslie LeporiTELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck AugustinTELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:

DATE: 10/28/2021
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/28/2021
LIC9099 (FAS) - (06/04)
Page: 5 of 5