304270486-10-12-2023-06-CC-ANUZ-CWJPUF-20231012113728

Community Care Licensing

FACILITY EVALUATION REPORT

Facility Number: 304270486
Report Date: 10/12/2023
Date Signed: 10/12/2023 11:37:59 AM

Document Has Been Signed on 10/12/2023 11:37 AM - It Cannot Be Edited

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	304270486
ADMINISTRATOR:	VASSEGHI, MOJGAN		FACILITY TYPE:	840
ADDRESS:	30062 SANTA MARGARITA PARKWAY		TELEPHONE:	(949) 888-8880
CITY:	RANCHO STA MARGARITA	STATE: CA	ZIP CODE:	92688
CAPACITY: 40	TOTAL ENROLLED CHILDREN: 40	CENSUS: 0	DATE:	10/12/2023
TYPE OF VISIT:	Case Management - Incident	UNANNOUNCED	TIME BEGAN:	10:45 AM
MET WITH:	Director,Mojgan Vasseghi		TIME COMPLETED:	12:00 PM

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Licensing Program Analyst (LPA) Aiddee Nunez conducted a Case Management Inspection to investigate an Unusual Incident Report (UIR) which was self-reported to our office on 9/18/2023. This is a continuation investigation initiated on 9/27/23. Upon entry to the facility, LPA Nunez met with Director, Mojgan Vasseghi. There were no children present when LPA arrived. The director stated school-age children arrive until 2:30pm. A review of staff criminal clearance records on this date indicates that all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions.

On 9/18/2023 a self-reported Unusual Incident Report (UIR) was filed with the Licensing Office in Orange County. The facility reported that around 4:15pm during outside play time a parent saw a teacher pinning Child #1 (C1) in a rough manner.

During the investigation, LPA interviewed 2 staff members including the director and 4 children. Staff#2(S2) stated that on 9/18/2023 a Parent#1 (P1) came running to S2 and said P1 saw Staff#3 (S3) putting Child#1(C1) on the floor with C1 hands behind C1’s back and S3 knee on C1’s neck. When S2 went outside S2 saw S3 talking and pointing at C1 in an upsetting manner. C1 said that the children were bothering C1 and didn’t like it so C1 hit them. S2 stated that S3 tried to stop C1 from fighting with other children and C1 started hitting S3. Staff#1(S1) was on the playground on the day of the incident with S3. S1 stated that a group of children were fighting and when S1 went to go separate them C1 was hitting S1 and that’s when S3 stepped in to help S1 separate the children. S1 stated that S3 put C1 hands behind C1’s back and put him on the floor because S3 was trying to calm C1. S1 stated C1 was on the floor for about 2 minutes. S1 told S3 to let go of C1. When interviewing the children, 4 out 3 children said C1 was on the floor and 4 out 2 children said that they saw S3 put S3 foot on C1’s back. S2 stated that S3 has been terminated as of 9/18/2023.

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Aiddee Nunez
LICENSING EVALUATOR SIGNATURE:	DATE: 10/12/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/12/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC809 (FAS) - (06/04)

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STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 304270486
	VISIT DATE: 10/12/2023

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Based on the information gathered from the interviews conducted and records reviewed, it was determined that C1’s personal rights were violated by S3.

The facility was not in compliance of the California Code of Regulations, Title 22, Division 12. The following citation Personal Rights section 101223(a)(3) was issued today on the attached LIC 809D.

LPA Nunez informed Director Mojgan Vasseghi that this report dated 10/9/2023 document(s) one Type A citation 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 Nunez informed the Director Mojgan Vasseghi to provide a copy of this licensing report dated 10/9/2023 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.

Exit interview conducted and report was reviewed with the Director Mojgan Vasseghi. 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.

Appeal Rights and deficiencies were discussed. Director Mojgan Vasseghi was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days.

SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Aiddee Nunez
LICENSING EVALUATOR SIGNATURE:	DATE: 10/12/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/12/2023

LIC809 (FAS) - (06/04)

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Document Has Been Signed on 10/12/2023 11:37 AM - It Cannot Be Edited

Created By: Aiddee Nunez On 10/12/2023 at 11:01 AM

Link to Parent Document Below:

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

FACILITY EVALUATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 304270486
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/12/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/26/2023 Section Cited CCR 101233(a)(3)	1 2 3 4 5 6 7	101223(a)(3) Personal Rights. (a) The licensee shall ensure that each child is accorded the following personal rights: (3) To be free from corporal or unusual punishment, infliction of pain, humiliation….. This requirement is not met as evidence by:	1 2 3 4 5 6 7	Director stated S3 was terminated on 9/18/23 and they will conduct staff trainings on personal rights. Director will submit proof of training to LPA by POC due date.
	8 9 10 11 12 13 14	Based on LPA’s interviews S3 violating C1 personal rights by S3 putting C1 on the floor with C1 hands behind C1 back and putting S3 knee on C1’s neck. This poses an immediately health and safety 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:

Thuy Ho

LICENSING EVALUATOR NAME:

Aiddee Nunez

LICENSING EVALUATOR SIGNATURE:

DATE: 10/12/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/12/2023

LIC809 (FAS) - (06/04)

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