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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434400337
Report Date: 05/06/2025
Date Signed: 05/06/2025 04:46:27 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 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
02/25/2025 and conducted by Evaluator Jennifer Beehler
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20250225094111
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
434400337
ADMINISTRATOR:MARISSA MUNOZFACILITY TYPE:
850
ADDRESS:1081 FOXWORTHY AVENUETELEPHONE:
(408) 265-7380
CITY:SAN JOSESTATE: CAZIP CODE:
95118
CAPACITY:96CENSUS: 56DATE:
05/06/2025
UNANNOUNCEDTIME BEGAN:
10:15 AM
MET WITH:Leah KidgerTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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Staff do not properly supervise day care children
Staff yell at children in care
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Jennifer “Jen” Beehler met with Director Leah Kidger today. The purpose of today’s visit was to deliver investigation findings. LPA was granted access to the facility.

02/26/2025, LPA conducted a 10 day initial inspection to open the investigation and interviewed staff and collected relevant documentation. On 03/03/2025, Reporting Party was interviewed. 03/05/2025, LPA arrived unannounced at the facility and conducted confidential interviews with staff, collected relevant documentation and observed the facility.

Based on the facility’s internal interview, interviews conducted by LPA and documentation received, the investigation revealed staff had witnessed S1 push children forcefully and used a harsh tone when speaking to the children. In addition, S1 was observed to not provide visual supervision of the children in care. S1 would be the only staff in the classroom with their back to the children or sitting down and not providing the care and supervision necessary to meet the children’s needs.

Continued on Page 2
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Jennifer Beehler
LICENSING EVALUATOR SIGNATURE:

DATE: 05/06/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/06/2025
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-20250225094111
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 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: 05/06/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
06/02/2025
Section Cited
CCR
101229(a)(1)
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Responsibility for Providing Care and Supervision (a) The licensee shall provide care and supervision as necessary to meet the children's needs. (1)No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation.
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S1 no longer works at the facility. Director to conduct training on supervision using CCLD training videos at the next staff meeting and provide LPA with proof that all staff attended.
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This regulation has not been met as evidenced by: Reporting Party and Staff witnessed S1 with her back to the children. The children were not visually supervised, this poses a potential risk to the health, safety and personal rights of children in care.
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Director to provide a plan that she will submit to the department that will address how staff notifies the Director if teachers are not supervising children.
Type B
06/02/2025
Section Cited
CCR
101223(a)(3)
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Personal Rights: (3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.
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S1 no longer works at the facility. Director to conduct training on personal rights and alternate processes for dealing with children that are having behavioral issues or struggling to self-regulate. Director to conduct this at the next staff meeting and provide LPA with written proof of all staff's attendance.
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This requirement has not been met as evidenced by parent testimony and staff witnessing S1 yelling harshly at children in care. This poses a potential risk to the health, safety and personal rights of children in care.
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Director to also create and share a policy for staff to reach out to her directly if they witness staff mistreating children so that staff can be re-addressed and children remain safe at all times.
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: Gladys Kuizon
LICENSING EVALUATOR NAME: Jennifer Beehler
LICENSING EVALUATOR SIGNATURE:

DATE: 05/06/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/06/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 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
02/25/2025 and conducted by Evaluator Jennifer Beehler
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20250225094111

FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
434400337
ADMINISTRATOR:MARISSA MUNOZFACILITY TYPE:
850
ADDRESS:1081 FOXWORTHY AVENUETELEPHONE:
(408) 265-7380
CITY:SAN JOSESTATE: CAZIP CODE:
95118
CAPACITY:96CENSUS: 56DATE:
05/06/2025
UNANNOUNCEDTIME BEGAN:
10:15 AM
MET WITH:Leah KidgerTIME COMPLETED:
05:00 PM
ALLEGATION(S):
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Staff are operating out of ratio
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Jennifer “Jen” Beehler met with Director Leah Kidger today. The purpose of today’s visit was to deliver investigation findings. LPA was granted access to the facility.

02/26/2025, LPA conducted a 10 day initial inspection to open the investigation. LPA interviewed staff and collected relevant documentation. On 03/03/025, Reporting Party was interviewed. 03/05/2025, LPA arrived unannounced at the facility and conducted confidential interviews with staff, collected relevant documentation and observed the facility. On 03/20/2025, LPA arrived unannounced at the facility to complete a follow up investigation inspection. LPA conducted confidential interviews with staff and a witness. LPA observed classrooms and outdoor activity time. Director emailed LPA an explanation to the CSR detailing the ratio and capacity between staff and children explaining how the facility-maintained ratio on the date in question, 02/24/2025.

Continued on Page 2
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Jennifer Beehler
LICENSING EVALUATOR SIGNATURE:

DATE: 05/06/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/06/2025
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 07-CC-20250225094111
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 434400337
VISIT DATE: 05/06/2025
NARRATIVE
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Based on observations, interviews conducted and record review, the investigation could not determine if the facility was out of ratio. The records revealed that the facility documentation did not report the facility’s teacher to child ratio correctly. Interviews of the teacher to child ratio and how it is met was adequate but cannot be confirmed. 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.

Due to today’s findings no deficiencies are cited. Exit interview conducted with Site Director Leah Kidger, report reviewed and provided.

NOTICE OF SITE VISIT PROVIDED AND MUST REMAIN POSTED FOR 30 DAYS
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Jennifer Beehler
LICENSING EVALUATOR SIGNATURE:

DATE: 05/06/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/06/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 07-CC-20250225094111
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 434400337
VISIT DATE: 05/06/2025
NARRATIVE
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Based on the facility’s internal investigation, interviews conducted and records review, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. More information provided on the attached LIC 9099-D.

Exit interview conducted with Site Director, Leah Kidger. Report reviewed and provided along with appeal rights.

NOTICE OF SITE VISIT PROVIDED AND MUST REMAIN POSTED FOR 30 DAYS.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Jennifer Beehler
LICENSING EVALUATOR SIGNATURE:

DATE: 05/06/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/06/2025
LIC9099 (FAS) - (06/04)
Page: 5 of 5