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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304270379
Report Date: 01/19/2022
Date Signed: 01/19/2022 04:28:23 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/26/2021 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20211026152939
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
304270379
ADMINISTRATOR:NEHEZ, REBECCAFACILITY TYPE:
850
ADDRESS:25507 MOULTONTELEPHONE:
(949) 470-0099
CITY:ALISO VIEJOSTATE: CAZIP CODE:
92656
CAPACITY:78CENSUS: 45DATE:
01/19/2022
UNANNOUNCEDTIME BEGAN:
10:00 AM
MET WITH:Patsy MorleyTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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Staff has been accused of cursing at children and putting them in time out
INVESTIGATION FINDINGS:
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 Page 1 of 2
On 1/19/22 Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation regarding the above allegations that LPA Nick Tran had started on 10/28/21. LPA met with Patsy Morley. The Covid-19 Emergency Response questionnaire was reviewed and answered by Ms. Morley. LPA toured the preschool program and took census. LPA observed a group of 24 children with 3 staff on the playground and 21 preschool children with 3 staff in one classroom. A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.
Our office has received an anonymous complaint regarding the above allegation. It was reported that staff # 1 has been accused of of cursing at the children and putting them in time out after she had disagreement with management.
Continued on page 2
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 01/19/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/19/2022
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 7
Control Number 06-CC-20211026152939
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 304270379
VISIT DATE: 01/19/2022
NARRATIVE
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Today LPA discussed the allegation with Ms. Morely. She stated there was one employee at the facility that did not follow the school's policy according to Child Development. The employee was not a good fit for their program. LPA interviewed 12 staff today regarding the above allegation. The staff did not acknowledge witnessing any inappropriate behavior from any staff. The children who were in the group of staff # 1 were too young to be interviewed. LPA was able to interview some older children. They did not disclose any information regarding the allegation. LPA Tran also had contacted 9 parents on his last inspection. Four parents responded with good feed back.

Based on the interviews LPA Tran conducted and today's interviews with 12 staff and 7 qualified children out of total 13 children, and the accused staff's statement, there is not enough proof or evidence to support the allegation.

This agency has investigated the complaint alleging "Staff has been accused of cursing at children and putting them in time out; although the allegation may have happened or is valid, there is not a preponderance of evidence to prove, the alleged violation did or did not occur, therefore the allegation is unsubstantiated.

Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. Exit interview was conducted.
In the area which was investigated, no deficiency was cited today.
Reports end here.
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 01/19/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/19/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 7
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
This is an official report of an unannounced visit/investigation of a complaint received in our office on
10/26/2021 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20211026152939

FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
304270379
ADMINISTRATOR:NEHEZ, REBECCAFACILITY TYPE:
850
ADDRESS:25507 MOULTONTELEPHONE:
(949) 470-0099
CITY:ALISO VIEJOSTATE: CAZIP CODE:
92656
CAPACITY:78CENSUS: 45DATE:
01/19/2022
UNANNOUNCEDTIME BEGAN:
10:00 AM
MET WITH:Patsy MorleyTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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9
Unqualified staff providing care
INVESTIGATION FINDINGS:
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Page 1 of 2

On 1/19/22 Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation regarding the above allegations that LPA Nick Tran had started on 10/28/21. LPA met with Patsy Morley. The Covid-19 Emergency Response questionnaire was reviewed and answered by Ms. Morley. LPA toured the preschool program and took census. LPA observed a group of 24 children with 3 staff on the playground and 21 preschool children with 3 staff in one classroom. A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.

Our office has received an anonymous complaint regarding the above allegation. It was reported that staff # 1 had a class of 15 to 18 children with an assistant with no ECE units.
Continued on page 2
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 01/19/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/19/2022
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 7
Control Number 06-CC-20211026152939
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 304270379
VISIT DATE: 01/19/2022
NARRATIVE
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Page 2 of 2

Today LPA discussed the allegation with, Ms. Morely. LPA requested to review the files of the staff mentioned on the report. LPA also reviewed Child Supervision Records (CSR) an internal Kindercare record which records number of children and staff for 30 minutes increment for each day. LPA reviewed the records for dates of 10/4/21 to 10/22/21 which was mentioned on the complaint report. LPA observed that there was a time on the date of 10/13/21 that staff # 1 was with staff # 2 with 16 preschool children from 10:00am to 12 noon. LPA reviewed staff # 1 and staff # 2's transcripts. Based on the qualification's information, those two specific staff could have had a total of 18 preschool children with one qualified teacher and one staff with completed 6 Early Childhood Education (ECE) units. One staff had the teacher qualifications and the other staff was lacking the qualifications. Also LPA Tran observed on 10/28/21 that staff # 2 had 7 children and staff # 3 had 7 children in two different rooms. Based on the transcripts of the staff # 2 and 3 they cannot be left alone with children without a qualified teacher.

Based on LPA Tran's observation on 10/28/21 and reviewing the CSR today for the date of 10/13/21, the preponderance of evidence standard has been met, therefore the allegation of “Unqualified staff providing care" is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter 12, Section 101216.2(e) for Teacher Aide Qualifications and Duties is being cited on the attached LIC 9099D.

Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. Exit interview was conducted.

Reports end here.
SUPERVISOR'S NAME: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 01/19/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/19/2022
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 06-CC-20211026152939
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 304270379
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/19/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
01/21/2022
Section Cited
CCR
101216.2(e)
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101216.2(e) Teacher Aid Qualifications and Duties. An aide shall work only under the direct supervision of a teacher. This requirement was not met as evidence by observation of LPA Tran on 10/28/21 that staff # 2 and staff # 3 were supervising a group of 7 children each in different classrooms.
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Ms. Morley agreed to send an statement that she will not use the aides with no ECE in the classroom without the supervision of a qualified teacher.
The qualifications for aides and teachers were discussed with Ms. Morley.
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Also observed on the CSR that one aid lacking 6 completed ECE units worked with a qualified teacher with 16 children on 10/13/21 from 10:00 am to 12:00 noon.
This is a potential risk to the health and safety of children in care.
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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: Rina LopezTELEPHONE: (714) 703-2808
LICENSING EVALUATOR NAME: Mahnaz MalekTELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:

DATE: 01/19/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/19/2022
LIC9099 (FAS) - (06/04)
Page: 7 of 7