198003098-11-1-2022-33-CC-BVON-CKS2X9-20221101174644

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198003098
Report Date: 11/01/2022
Date Signed: 11/01/2022 03:18:37 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, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/28/2022 and conducted by Evaluator Roxana Lopez

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20220728152926

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	198003098
ADMINISTRATOR:	MARGIE ZARATE		FACILITY TYPE:	840
ADDRESS:	3443 NOGALES		TELEPHONE:	(626) 965-9611
CITY:	WEST COVINA	STATE: CA	ZIP CODE:	91792
CAPACITY:	42	CENSUS: 14	DATE:	11/01/2022
		UNANNOUNCED	TIME BEGAN:	01:15 PM
MET WITH:	Margie Zarate- Director		TIME COMPLETED:	03:30 PM

ALLEGATION(S):

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Lack of supervision resulting in children participating in inappropriate/sexual behavior

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Roxana Lopez conducted a Complaint Investigation on this date. Risk assessment was conducted upon entry and appropriate PPE was used. The purpose of this visit is to provide findings of the complaint investigation which was received on 7/28/2022. LPA met with Director Margie Zarate, to whom the purpose of the inspection was announced. A tour of the facility was given, and census was taken.

Throughout the course of the investigation, interviews were conducted with reporting party, staff, children, and parents. LPA also reviewed and obtained copies of children’s rosters, personnel report, pictures, written declarations, police reports and other supporting documents.

Per initial complaint reporting party reported, that they were informed by facility that C1 and C2 were participating in inappropriate/ sexual behavior and they were observed by a staff member during the act.
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Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Roxana Lopez
LICENSING EVALUATOR SIGNATURE:	DATE: 11/01/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/01/2022

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 3

Control Number 33-CC-20220728152926

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 198003098
	VISIT DATE: 11/01/2022

NARRATIVE

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Regarding allegation #1: Lack of supervision resulting in children participating in inappropriate/sexual behavior. LPA conducted interviews with reporting party, staff, children, and parents. Interviews with S2 and S3 corroborated that early in the morning around 9:45 am on July 26, 2022 they observed C1 and C2 engaging in what appeared to be exchanging of sexual hand gestures across the room. C1 and C2 were taken to the Director’s office where they both denied engaging on such gestures.

S2 disclosed that at around 12:30 pm they took 14 children outside- S2 was the only teacher outside with the 14 children setting up a bubbles activity. Per S2 some older children including C1 and C2 decided to do a different activity away from S2 and the rest of the group. As S2 was setting up for bubbles they noticed a broken container and used a walkie- talkie to call for help getting a new container. S3 disclosed that they were helping in the front office when S2 requested help. Per S3 they went to the infant yard to look for a container to replace the broken one- from the infant yard S3 observed C1 and C2 who were in the school age yard behind a tree participating in an inappropriate sexual behavior. S3 left the infant yard and went into the school age yard and took both C1 and C2 to the directors’ office.

Based on LPA’s observations, interviews which were conducted, record reviews and given the fact that there was an incident involving C1 and C2 around 9:45 am on the day of the incident and facility failed to provide closer supervision or take action to prevent the subsequent inappropriate sexual incident, the preponderance of the evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 & Chapter 3 (FCC) (1 DCC) number) are being cited on the attached LIC9099D.

LPA Roxana Lopez informed Director Margie Zarate that this report dated 11/1/2022 document(s) 1 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.

Also, LPA Roxana Lopez informed the facility representative to provide a copy of this licensing report dated 11/1/2022 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.

A notice of site visit was given and must remain posted for 30 days.

Exit interview conducted and report was reviewed with Director Margie Zarate------------------pg.2 of 2-----------

SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Roxana Lopez
LICENSING EVALUATOR SIGNATURE:	DATE: 11/01/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/01/2022

LIC9099 (FAS) - (06/04)

Page: 3 of 3

Control Number 33-CC-20220728152926

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 198003098
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 11/01/2022

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 11/01/2022 Section Cited CCR 101229(a)	1 2 3 4 5 6 7	101229(a) Responsibility for providing care and supervision The licensee shall provide care and supervision as necessary to meet the children’s need. This requirement was not me at evidenced by:	1 2 3 4 5 6 7	Per Director- they will conduct an all staff meeting talking about topic of supervision and personal rights of a child. All staff will watch videos at https://ccld.childcarevideos.org/ and write a declaration on what they have learned and how to implemented in the classroom.
	8 9 10 11 12 13 14	Based on LPA's interviews with staff, parents, children and doucmentation reviewed the facility did not closely monitor C1 and C2 which resulted in them participating in inappropriate sexual behavior. This poses an immediate risk to the health and safety for children in care.	8 9 10 11 12 13 14	Director will submit meeting notes, declerations and written plan/ schedule of supervision plan by 11/4/2022 to LPA Lopez.
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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.

SUPERVISORS NAME: Brandi VanOosten
LICENSING EVALUATOR NAME: Roxana Lopez
LICENSING EVALUATOR SIGNATURE:	DATE: 11/01/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/01/2022

LIC9099 (FAS) - (06/04)

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