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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 364818107
Report Date: 01/20/2022
Date Signed: 01/20/2022 11:05:04 AM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/03/2021 and conducted by Evaluator Eileen Corral
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20211203152809
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
364818107
ADMINISTRATOR:TRACY BIERMANFACILITY TYPE:
850
ADDRESS:33788 YUCAIPA BLVD.TELEPHONE:
(909) 797-4713
CITY:YUCAIPASTATE: CAZIP CODE:
92399
CAPACITY:64CENSUS: 41DATE:
01/20/2022
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Director - Emily CalhounTIME COMPLETED:
11:25 AM
ALLEGATION(S):
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Staff yelled at child in care
INVESTIGATION FINDINGS:
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On 01/20/2022, Licensing Program Analysts (LPA) Corral and Hogue conducted an unannounced complaint inspection to deliver findings of the above complaint allegation. A 10-day inspection was initiated by LPA’s Corral and Mejorado on 12/10/2021. During the initial inspection, LPA Corral and Mejorado interviewed pertinent parties, reviewed records, conducted facility observations and met with Director, Emily Calhoun and Assistant Director, Ruth Deanda.

The Complaint received in our office on 12/03/2021 alleged a staff yelled at a child in care. It was reported that a concerned bystander took a video of the staff and the child and posted the video on a Social Media group. The bystander posted the video with comments indicating the teacher was yelling at the child. It was also reported the bystander who recorded and posted the video, also called the facility to inform them of what was witnessed on the playground.
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Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Kimberly WilliamsTELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Eileen CorralTELEPHONE: 951-233-7183
LICENSING EVALUATOR SIGNATURE:

DATE: 01/20/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/20/2022
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 09-CC-20211203152809
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 364818107
VISIT DATE: 01/20/2022
NARRATIVE
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Page 2.
LPA Corral and Mejorado interviewed the Assistant Director and other staff present during the incident. The day of the incident, the Assistant Director spoke to the concerned bystander, then spoke to the staff involved and an additional teacher present on the playground. The Assistant Director was informed by the subject teacher that they were redirecting a child because the child was crying. During the investigation, it was learned that the Assistant Director went to the playground, but did not observe anything unusual. The Assistant Director then spoke to the facility’s Director about the call they received regarding the incident, and they contacted the facility’s District Leader to discuss further steps to be taken.

Further interviews conducted by LPA’s Corral and Mejorado, revealed the Director spoke to the staff involved. When Director addressed the subject staff, by their own admission, they indicated that they could have changed their tone with the child. Director provided the subject staff with training material regarding re-direction tactics, transitioning techniques, and proper use of tone when communicating with children. The Director stated she will conduct check-ins and watch the staff interact with children. The subject teacher was placed on “Final Coaching”, which means according to facility’s policies, this is a final warning and if any other similar situation occurs, the staff member will be terminated.

During staff interviews, it was disclosed the subject teacher has been trying to fix their volume because they are naturally loud and that they are working on their voice to have a lower tone. The subject teacher also admits that they did get a little loud. Throughout the investigation, it was disclosed that the subject staff was spoken to about how they redirected the child. It was confirmed that the staff received training material regarding how to transition and proper ways to speak to children. By staff’s own admission, “it wasn't right how I spoke to the child” staff informed LPAs they apologized to the child and the child’s mother.
LPA Corral and Mejorado investigated the above allegation and gathered the following information. Throughout the investigation, LPA's conducted interviews, reviewed facility records, and obtained copies of the training material that was provided to staff. The subject staff was placed on “Final Coaching”, meaning if similar behavior happens again they will be terminated. Staff made statements regarding the tone and volume of their voice. There was also a video provided during the investigation which shows staff speaking to the child in a loud manner, where staff is heard using a high volume to address the child. By staff’s own admission and the facility documentation, the allegation stating staff yelled at a child, is being Substantiated.
Continue to Page 3.
SUPERVISOR'S NAME: Kimberly WilliamsTELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Eileen CorralTELEPHONE: 951-233-7183
LICENSING EVALUATOR SIGNATURE:

DATE: 01/20/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/20/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 09-CC-20211203152809
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 364818107
VISIT DATE: 01/20/2022
NARRATIVE
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Page 3.
Based on the information that was obtained throughout the investigation, the preponderance of evidence standard has been met, therefore the allegation is found to be Substantiated. This constitutes a violation of Children’s Personal Rights. This allegation is being cited on the attached LIC 9099D.

LPA Corral informed licensee that this report dated 01/20/2022 documents a Type A citation. Type A citation shall be posted for 30 consecutive days as there are immediate risks to the personal rights of children in care. LPA Corral also informed the Director to provide a copy of this licensing report that documents the Type A citation 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) must be placed in the child's file for verification. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

Exit interview was conducted and Complaint Report was reviewed with Director Emily Calhoun. A Notice of Site Visit was provided, Director was reminded it must remain posted for 30 days.

End of Report.
SUPERVISOR'S NAME: Kimberly WilliamsTELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Eileen CorralTELEPHONE: 951-233-7183
LICENSING EVALUATOR SIGNATURE:

DATE: 01/20/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/20/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 7
Control Number 09-CC-20211203152809
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 364818107
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 01/20/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
01/20/2022
Section Cited
CCR
101223(a)(1)
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101223 - Personal Rights
(a) 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 meet as evidenced by:
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Director has provided training and coaching to the subject staff with training material regarding re-direction tactics, transitioning techniques, and proper use of tone when communicating with children.
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Based on LPA's interviews, subject staff own admission and facility documentation, this poses an immediate safety to 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: Kimberly WilliamsTELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Eileen CorralTELEPHONE: 951-233-7183
LICENSING EVALUATOR SIGNATURE:

DATE: 01/20/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/20/2022
LIC9099 (FAS) - (06/04)
Page: 4 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, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
12/03/2021 and conducted by Evaluator Eileen Corral
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20211203152809

FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
364818107
ADMINISTRATOR:TRACY BIERMANFACILITY TYPE:
850
ADDRESS:33788 YUCAIPA BLVD.TELEPHONE:
(909) 797-4713
CITY:YUCAIPASTATE: CAZIP CODE:
92399
CAPACITY:64CENSUS: 41DATE:
01/20/2022
UNANNOUNCEDTIME BEGAN:
09:00 AM
MET WITH:Director - Emily CalhounTIME COMPLETED:
11:25 AM
ALLEGATION(S):
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2
3
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9
Staff handled a child in rough manner
INVESTIGATION FINDINGS:
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On 01/20/2022 , Licensing Program Analysts (LPA’s) Corral and Hogue conducted an unannounced complaint inspection to deliver findings of the above complaint allegation. A 10-day inspection was initiated by LPA Corral and Mejorado on 12/10/2021. During the initial inspection, LPA Corral and Mejorado interviewed pertinent parties, reviewed records, conducted facility observations and met with Director, Emily Calhoun and Assistant Director, Ruth Deanda.

The Complaint received in our office on 12/03/2021 alleged a Staff handled a child in rough manner. It was reported that a concerned bystander took a video of the staff and the child and posted the video on a Social Media group. The bystander who posted the video stated the teacher was yanking the child around and made the child sit down. The bystander who recorded and posted the video also called the facility to inform them of what was witnessed on the playground.

Continue to Page 2.
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Kimberly WilliamsTELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Eileen CorralTELEPHONE: 951-233-7183
LICENSING EVALUATOR SIGNATURE:

DATE: 01/20/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/20/2022
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 09-CC-20211203152809
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 364818107
VISIT DATE: 01/20/2022
NARRATIVE
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Page 2.
LPA Corral and Mejorado interviewed Assistant Director who spoke to the concerned bystander, then spoke to the staff member involved and an additional teacher who was present. The Assistant Director went to the playground but did not observe a child crying and nothing unusual was going on. Staff explained to Assistant Director what happened, Assistant Director then checked the child and observed no marking or bruising on the child. Assistant Director stated she then spoke to the Director about the call they received, and they called the District Leader to discuss further steps to be taken.

LPA Corral and Mejorado interviewed the Director who spoke to the subject staff involved. Staff told Director they grabbed the child’s hand to lead the child to the tables. Director provided staff with training regarding re-direction tactics, transitioning techniques, proper use of tone when communicating with children, and appropriate use of physical children touch. Director will conduct check-ins and watch staff’s interactaction with children.

LPA Corral and Mejorado also interviewed the subject teacher, during the interview it was disclosed that they did grab the child to lead the child. The staff explained how the child was grabbed and how they held the child from the arm, then by the hands. Staff disclosed they were not trained on how to handle the children which is why training material was provided from the Director.

LPA Corral also interviewed the child’s parents on 12/20/2021 and again on 12/27/2021; both of the parents confirmed they saw the video. Both parents were read the Personal Rights regulation and they both indicated they do not feel or believe their child’s personal rights were violated nor did they believe their child was handled in an aggressive manner.

LPA Corral and Mejorado also viewed the video, in the video the subject teacher is seen holding the child’s arm and hand. The video does not show the child being handled in a rough or aggressive manner. The allegation that was reported states the teacher handled the child roughly, but from the video provided, it is unclear if the child was handled in a rough manner, the video shows the teacher guiding the child. Assistant Director also checked the child and there were no markings observed on the child. The parents were also interviewed, and they did not believe their child was handled in a rough manner.
Continue to Page 3.
SUPERVISOR'S NAME: Kimberly WilliamsTELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Eileen CorralTELEPHONE: 951-233-7183
LICENSING EVALUATOR SIGNATURE:

DATE: 01/20/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/20/2022
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 09-CC-20211203152809
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 364818107
VISIT DATE: 01/20/2022
NARRATIVE
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Page 3.
LPA’s investigated the above allegation and gathered evidence surrounding the allegation. Throughout this investigation, LPA Corral and Mejorado conducted interviews, reviewed facility records, and obtained copies of facility documentation. Based on the information obtained throughout the investigation there is insufficient evidence to corroborate that a staff handled a child in a rough manner. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the allegation did or did not occur, therefore the allegation is Unsubstantiated.

Exit interview was conducted and Complaint Report was reviewed with Director, Emily Calhoun. A Notice of Site Visit was provided, Licensee was reminded it must remain posted for 30 days.

End of Report.
SUPERVISOR'S NAME: Kimberly WilliamsTELEPHONE: (951) 248-0228
LICENSING EVALUATOR NAME: Eileen CorralTELEPHONE: 951-233-7183
LICENSING EVALUATOR SIGNATURE:

DATE: 01/20/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/20/2022
LIC9099 (FAS) - (06/04)
Page: 7 of 7