434417052-9-7-2023-07-CC-DSTN-CW8MXP-20231002100016

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 434417052
Report Date: 09/07/2023
Date Signed: 09/07/2023 04:21:53 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
08/22/2023 and conducted by Evaluator Janette Cruz

PUBLIC

COMPLAINT CONTROL NUMBER: 07-CC-20230822140931

FACILITY NAME:	KINDERWOOD PRESCHOOL		FACILITY NUMBER:	434417052
ADMINISTRATOR:	CHEYENNE BOHN		FACILITY TYPE:	830
ADDRESS:	5560 ENTRADA CEDROS		TELEPHONE:	(408) 839-5669
CITY:	SAN JOSE	STATE: CA	ZIP CODE:	95123
CAPACITY:	30	CENSUS: 28	DATE:	09/07/2023
		UNANNOUNCED	TIME BEGAN:	02:32 PM
MET WITH:	Valerie Castelo & Gireesh Malhotra		TIME COMPLETED:	04:35 PM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Staff are retaliating against child because parent filed a complaint

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Licensing Program Analyst (LPA) Janette Cruz conducted an unannounced complaint investigation and met with Valerie Castelo, Director and Gireesh Malhotra, Licensee. Purpose of today’s inspection: deliver investigation findings.

Based on the available evidence, record reviews and interviews conducted, it was discovered that daycare parent was served two-week notice to disenroll child for reason of termination not indicated in facility admission agreement that was signed by parent. The preponderance of evidence standard has thus been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations (Title 22, Division 12 & Chapter 1), is being cited on the attached LIC 9099-D. Copy of appeal rights provided to Director and Licensee, prior to conclusion of today’s inspection.

LPA discussed the requirements of AB633 to Director and Licensee and provided them the AB633 fact sheet and a copy of Acknowledgement of Receipt of Licensing Reports (LIC 9224) and director understands the requirements. Upon receipt, licensee/director shall post and provide copies of this licensing report to parents/guardians of children in care and to parents/guardians of children newly enrolled at the facility during the next 12 months.

Exit interview conducted and report was reviewed with Valerie Castelo, Director and Gireesh Malhotra, Licensee.
A Notice of Site Visit is given and must be posted near the entrance of the facility along with a copy of today's report for 30 days.

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Diana Stephenson
LICENSING EVALUATOR NAME: Janette Cruz
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2023

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 2

Control Number 07-CC-20230822140931

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: KINDERWOOD PRESCHOOL	FACILITY NUMBER: 434417052
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 09/07/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Deficiency Dismissed Type A 09/08/2023 Section Cited HSC 1596.857(b)	1 2 3 4 5 6 7	1596.857 Rights of parent or guardian to inspect facility without advance notice; informing parents and guardians; prohibition of retaliation; violations; penalty; family child care home notification of parent rights; registered sex offenders (b) No child day care facility shall discriminate or retaliate against any child or parent or guardian on the basis or for the reason that the parent or guardian has exercised his or her right under this section to inspect the facility or has lodged a complaint with the department against a facility. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Licensee will submit to LPA Cruz a plan of correction of facility policies that has clear guidelines for reasons of termination or disenrollment of child from daycare by POC due date. Licensee will also submit statement of understanding of HSC 1596.857
	8 9 10 11 12 13 14	Based on observation, interviews and record reviews, a day care parent was served two-week notice to disenroll child for reason of termination not indicated in facility's admission agreement that was signed by parent which posed an immediate health, safety or personal rights risk to persons 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.

SUPERVISORS NAME: Diana Stephenson
LICENSING EVALUATOR NAME: Janette Cruz
LICENSING EVALUATOR SIGNATURE:	DATE: 09/07/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/07/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 2