013415906-7-12-2022-52-CC-JJAG-CGBPHL-20220714112006

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 013415906
Report Date: 07/12/2022
Date Signed: 07/12/2022 12:50:52 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, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/10/2022 and conducted by Evaluator Kelly Phan

PUBLIC

COMPLAINT CONTROL NUMBER: 52-CC-20220610110934

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	013415906
ADMINISTRATOR:	MA, YVONNE		FACILITY TYPE:	850
ADDRESS:	32710 FALCON DRIVE		TELEPHONE:	(510) 324-3569
CITY:	FREMONT	STATE: CA	ZIP CODE:	94555
CAPACITY:	108	CENSUS: 87	DATE:	07/12/2022
		UNANNOUNCED	TIME BEGAN:	11:00 AM
MET WITH:	Yvonne Ma		TIME COMPLETED:	01:15 PM

ALLEGATION(S):

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9

Unqualified staff working with daycare children
Staff yells at daycare children

INVESTIGATION FINDINGS:

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On July 12, 2022 approximately 11:00AM, Licensing Program Analyst (LPA) Kelly Phan arrived unannounced to complete the complaint investigation regarding the allegations stated above. LPA met with director Yvonne Ma. Present today were 87 children and 12 fingerprinted and associated staff members. The facility also has an infant license (013415908) today there were 12 infants along with 2 fingerprinted and associated staff members.

The allegations listed above that the facility failed to have unqualified staff and had staff member yelled at daycare children are SUBSTANTIATED. During the course of the investigation, LPA toured the facility, conducted interviews, and review files. There is preponderance of evidence to prove the allegations did occur, meaning the allegations are valid. SEE LIC 9099D for citation being assessed. Failure to submit Proof of Corrections (POC) by Plan of Correction date may result in additional civil penalties. A notice of site visit and appeal rights were given. Exit interview conducted and report was review with center director Yvonne Ma.

Substantiated

Estimated Days of Completion: 0

SUPERVISOR'S NAME: Jason Jang	TELEPHONE: (510) 622-2631
LICENSING EVALUATOR NAME: Kelly Phan	TELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:	DATE: 07/12/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/12/2022

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 4

Control Number 52-CC-20220610110934

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 013415906
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 07/12/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 07/12/2022 Section Cited CCR 101223(a)(1)	1 2 3 4 5 6 7	101223(a)(1): Personal Rights: The licensee shall ensure that each child is accorded the following personal rights: (1) To be accorded dignity in his/her personal relationships with staff and other persons This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Director would provide stress managing strategies and trainings to better communicate with children and staff such as memos or information along with an acknowledment of receiving it to provide proof to LPA by 07/29/22 Director will also address it during their next staff meeting during mid-August
	8 9 10 11 12 13 14	Based on multiple interviews with parents and staff, licensee did not comply with section stated as there has been multiple incidents of staff member who had yelled at daycare children, which poses an immediate health, safety, or personal rights 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: Jason Jang	TELEPHONE: (510) 622-2631
LICENSING EVALUATOR NAME: Kelly Phan	TELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:	DATE: 07/12/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/12/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 4

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/10/2022 and conducted by Evaluator Kelly Phan

PUBLIC

COMPLAINT CONTROL NUMBER: 52-CC-20220610110934

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	013415906
ADMINISTRATOR:	MA, YVONNE		FACILITY TYPE:	850
ADDRESS:	32710 FALCON DRIVE		TELEPHONE:	(510) 324-3569
CITY:	FREMONT	STATE: CA	ZIP CODE:	94555
CAPACITY:	105	CENSUS: 87	DATE:	07/12/2022
		UNANNOUNCED	TIME BEGAN:	11:00 AM
MET WITH:	Yvonne Ma		TIME COMPLETED:	01:15 PM

ALLEGATION(S):

1
2
3
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5
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7
8
9

Staff did not isolate sick daycare children
Staff do not ensure a safe and healthful environment with daycare children to complete projects and explore

INVESTIGATION FINDINGS:

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

On July 12, 2022 approximately at 11:00AM, Licensing Program Analyst (LPA) Kelly Phan met with center director Yvonne Ma to deliver findings for the allegations stated above. Present today were 87 preschool aged children and 12 fingerprinted and associated staff members. The facility also has an infant license (013415908) today there were 12 infants along with 2 fingerprinted and associated staff members.

During the course of the investigation, LPA conducted interviews, toured the facility, and review files. It was alleged that staff did not isolate sick daycare children and did not ensure a safe and healthy environment to complete projects. During interviews and observations, it could not be determined if any incident occurred. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur. Therefore, the allegation were unsubstantiated. A notice of site visit and appeal rights were given. Exit interview conducted and report was review with center director Yvonne Ma.

Unsubstantiated

Estimated Days of Completion: 0

SUPERVISOR'S NAME: Jason Jang	TELEPHONE: (510) 622-2631
LICENSING EVALUATOR NAME: Kelly Phan	TELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:	DATE: 07/12/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/12/2022

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 4

Control Number 52-CC-20220610110934

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 013415906
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 07/12/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 07/12/2022 Section Cited CCR 101216.2(d)(1)	1 2 3 4 5 6 7	101216.2(d)(1) TEACHER AIDE QUALIFICATIONS AND DUTIES: An aide assisting a fully qualified teacher (as specified in Section 101216.1(c)) in the supervision of up to 18 preschool-age children, pursuant to Section 101216.3 shall meet the following requirements: (1) Completion of six postsecondary semester or equivalent quarter units in early childhood education or child development, or This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Staff members are planning to enroll in an accredited program by September 2022 and will send proof of enrollment and acknowledgement to LPA by 07/29/2022
	8 9 10 11 12 13 14	Based on file review and interviews, licensee did not comply with section stated above as there are individuals who does not have sufficient units as an aide, which poses a potential health, safety, or personal rights risk to children in care.	8 9 10 11 12 13 14
HSC	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: Jason Jang	TELEPHONE: (510) 622-2631
LICENSING EVALUATOR NAME: Kelly Phan	TELEPHONE: (510) 622-2602
LICENSING EVALUATOR SIGNATURE:	DATE: 07/12/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/12/2022

LIC9099 (FAS) - (06/04)

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