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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434400337
Report Date: 05/22/2024
Date Signed: 05/22/2024 04:58:23 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: 64DATE:
05/22/2024
UNANNOUNCEDTIME BEGAN:
08:40 AM
MET WITH:Maggie CorralTIME COMPLETED:
05:07 PM
ALLEGATION(S):
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Staff yell at daycare children
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs), Cortney Nelson and Farida Raja, met with Site Director, Maggie Corral, and explained purpose of visit- to conduct classroom observations, interview staff, file review, and deliver complaint investigation findings. Upon arrival, LPAs were admitted into the facility by Maggie.

During the course of the complaint investigation, LPAs conducted interviews with current and former staff who indicated that there is a staff member (S1) who yells at day care children. Concerns were raised regarding the tone and ways in which the staff member communicates with children who are not following the rules. Additionally, some individuals interviewed expressed that they would not want their child in the staff members classroom.
**Continues on LIC9099C**
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Joel Segura
LICENSING EVALUATOR NAME: Cortney Nelson
LICENSING EVALUATOR SIGNATURE:

DATE: 05/22/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2024
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
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: DATE:
05/22/2024
UNANNOUNCEDTIME BEGAN:
08:40 AM
MET WITH:Maggie CorralTIME COMPLETED:
05:07 PM
ALLEGATION(S):
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Staff do not ensure that drinking water is readily available to daycare children
Staff deny daycare children food
Staff accept children with signs of illness into care
Facility staff do not prevent children from harming other children in care
Staff handle daycare children in a rough manner
Facility staff are not documenting injuries to children and filing in the child's record
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs), Cortney Nelson and Farida Raja, met with Site Director, Maggie Corral, and explained purpose of visit- to conduct classroom observations, interview staff, file review, and deliver complaint investigation findings. Upon arrival, LPAs were admitted into the facility by Maggie.

LPAs conducted classroom observations, interviews, and reviewed pertinent documents. Children in care were regularly offered water when indoors and outdoors and all food indicated on the facility menu were provided to children during lunch and snack. The facility has documentation indicating that children who are sick are sent home and advised to be picked up within an hour of notification. Interviews conducted did not indicate that children are being handled in a rough manner by staff. Facility staff are working with children to prevent children from harming other children in care and provide follow-up when children do harm others. Additionally, for injuries that are not minor, the facility has documentation of advising parents/guardians of injuries sustained to children in care.
**Continues on LIC9099-C**
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Joel Segura
LICENSING EVALUATOR NAME: Cortney Nelson
LICENSING EVALUATOR SIGNATURE:

DATE: 05/22/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 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: 05/22/2024
NARRATIVE
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Based on the available evidence, it is concluded that although the allegations listed above may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur. The allegations are thus UNSUBSTANTIATED.

Exit interview conducted and the report was reviewed with the Site Director, Maggie Corral.

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

DATE: 05/22/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2024
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
VISIT DATE: 05/22/2024
NARRATIVE
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LPAs conducted classroom observation and heard the staff member use a voice with the children that was loud with a harsh tone. Based on document review, LPAs observed that the facility is aware of the tone/communication of the staff member with children, however it appears that this behavior is still continuing. Interviews with parents additionally indicated concerns regarding the teachers tone/warmth with the children in care. Based on the available evidence, the preponderance of evidence standard has been met, therefore the above allegation is SUBSTANTIATED.

LPAs informed Director (Maggie Corral) that this report dated (5/22/2024) documents one Type A citation which shall be posted for 30 consecutive days as there is immediate risk to the health, safety, or personal rights of children in care.

Also, LPAs informed the Director to provide a copy of this licensing report dated (5/22/2024) 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.

As a result of today's inspection, a deficiency was cited, see LIC809-D.

Exit interview conducted and the report was reviewed with the Site Director, Maggie Corral.

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

DATE: 05/22/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2024
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: 05/22/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/23/2024
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 met as evidenced by:
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The Site Director shall make observations of S1 at least two times per week until 6/28/2024. Observations shall include time, date, and what S1 was doing in the classroom during observation and shall be submitted to the Department by 7/1/2024.
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Based on complaint allegation evidence collected, the Licensee did not ensure that children were given dignity in their personal relationships with staff as S1 is yelling at children, which poses an immediate risk to the health, safety, and personal rights of children in care.
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S1 shall also enroll into a training regarding topics such as redirection, discipline strategies, self-regulation, toddler development (working with two year olds) etc. and submit proof of registration to the Department by 5/23/2024.
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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: 05/22/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/22/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 5