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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434400337
Report Date: 03/14/2024
Date Signed: 03/14/2024 05:46:35 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, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
This is an official report of an unannounced visit/investigation of a complaint received in our office on
03/07/2024 and conducted by Evaluator Cortney Nelson
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20240307095803
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
434400337
ADMINISTRATOR:MARGARITA CORRALFACILITY TYPE:
850
ADDRESS:1081 FOXWORTHY AVENUETELEPHONE:
(408) 265-7380
CITY:SAN JOSESTATE: CAZIP CODE:
95118
CAPACITY:96CENSUS: 60DATE:
03/14/2024
UNANNOUNCEDTIME BEGAN:
10:00 AM
MET WITH:Maggie CorralTIME COMPLETED:
05:55 PM
ALLEGATION(S):
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Staff do not ensure childrens' pull-ups/diapers are changed in a timely manner
Staff do not maintain the facility in clean and sanitary condition
Facility is operating out of ratio
Children are not being accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs), Cortney Nelson and Farida Raja, met with Site Director, Maggie Corral, for unannounced 10-day complaint investigation. LPAs were admitted into the facility by the assistant director upon arrival.

During todays inspection, LPAs conducted observation of DPS1/DPS2 in classroom #3 and observed C1 with a full diaper that had visible feces coming out of the top. C1 had a full diaper for approximately 30 minutes before being changed by S1. Another child, C2, was observed to have a full diaper, visibly hanging from the child, for approximately two hours and was not changed during the observation. During lunch, children were observed to be drinking milk cups that were not their own, eating food that was left on the table, playing on nap cots that are not their own, and utilizing incorrect water bottles. Toys that were in children's mouths were set aside to be cleaned and later utilized by children again without cleaning. The waste bin in the classroom is too tall and children are opening the lid with hands that have been washed to throw away their paper towels.

**Report continues on LIC9099-C**
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Joel Segura
LICENSING EVALUATOR NAME: Cortney Nelson
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
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 5
Control Number 07-CC-20240307095803
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 434400337
VISIT DATE: 03/14/2024
NARRATIVE
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**Report continued from LIC9099**
When staff were preparing the classroom for nap time, cots were slid across the floor through smashed food on the ground from serving lunch as the lunch time mess was not cleaned up prior to nap. Additionally, children's cots were placed in the sun and children covered their faces with blankets to shield from the sun coming through the window. One child did not eat lunch and was observed to be eating the leftovers from another child's lunch left on the table.

As the classroom transitioned inside for lunch, S2 was positioned outside the classroom and S3 was inside of the classroom directing children to sit at the table. S1 was in the bathroom washing children's hands. LPAs observed S3 in the classroom with 18 children. Children in child care centers require constant visual supervision and shall be in the same classroom to maintain ratios. LPAs advised that having a door open while another staff member is nearby does not meet ratio requirements.

LPAs informed licensee (Maggie Corral) that this report dated (3/14/2024) documents three Type A citations which shall be posted for 30 consecutive days as there are immediate risks to the health, safety, or personal rights of children in care.

Also, LPAs informed the licensee to provide a copy of this licensing report dated (3/14/2024) that documents any Type A citations 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 Site Director, Maggie Corral.

As a result of today’s inspection, deficiencies were cited, see LIC9099-D.

A NOTICE OF SITE VISIT WAS GIVEN AND MUST REMAIN POSTED FOR 30 DAYS.
SUPERVISORS NAME: Joel Segura
LICENSING EVALUATOR NAME: Cortney Nelson
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 07-CC-20240307095803
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 434400337
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/14/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/15/2024
Section Cited
CCR
101223(a)(2)
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101223 Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.

This requirement was not met as evidenced by:
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The Licensee states she will provide a smaller waste basket for the children, rearranging the food area for the children to make it more contained, and for diaper changing will retraining on appropriate diaper changing routines more 1:1 to ensure they understand.
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The Licensee did not ensure that the children were given safe and healthful accommondations during meal time, in providing diaper changes, and in maintaining nap mats, which poses an immediate risk to the health, safety, and personal rights of children in care.
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Will discuss with staff about transition to nap time and wait for all to be ready to all move to their nap mats. Discuss to clean up from lunch first and then take out cots.
Documentation for training and photos of room/waste basket will be submitted to the Department by end of day 3/15/2024.
Type A
03/15/2024
Section Cited
CCR
101216.3(a)
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101216.3 Teacher-Child Ratio (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance..

This requirement was not met as evidenced by:
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Training will discuss maintaining ratio and admin team will act out how to best properly position themselves for transitions. Physical location will be discussed.
Documentation will be submitted regarding topics discussed during training by end of day 3/14/2024.
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The Licensee did not ensure that staff are not with more than 12 preschoolers at one time as a staff member was observed alone in the classroom with 18 preschool children which poses an immediate risk to the health, safety, and personal rights 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.
SUPERVISORS NAME: Joel Segura
LICENSING EVALUATOR NAME: Cortney Nelson
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 07-CC-20240307095803
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 434400337
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/14/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
03/15/2024
Section Cited
CCR
101238(a)
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101238 Buildings and Grounds (a) The child care center shall be clean, safe, sanitary and in good repair at all times to ensure the safety and well-being of children, employees and visitors.

This requirement was not met as evidenced by:
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Retraining staff on safe and sanitary practices and handling the food, making sure one teacher at a table with the preschoolers with groups serving the children, staying and observing the children while eating and making sure everyone is done before moving to the next step.
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The Licensee did not ensure that the facility was kept clean, safe, and sanitary as food was left out that children consumed, nap cots were pushed through, and milk/food was drank by multiple children which poses an immediate risk to the health, safety, and personal rights of children in care.
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Weekly calendar for the children enrolled and the teachers they will sit with shall be submitted to the Department by end of day 3/15/2024.
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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: Joel Segura
LICENSING EVALUATOR NAME: Cortney Nelson
LICENSING EVALUATOR SIGNATURE:

DATE: 03/14/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/14/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 5