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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 493001830
Report Date: 10/05/2023
Date Signed: 11/21/2023 03:41:50 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, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
This is an official report of an unannounced visit/investigation of a complaint received in our office on
08/02/2023 and conducted by Evaluator Yang Yang
PUBLIC
COMPLAINT CONTROL NUMBER: 01-CC-20230802140827
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
493001830
ADMINISTRATOR:PEPPER, ALEXANDRIAFACILITY TYPE:
830
ADDRESS:6150 STATE FARM DRIVETELEPHONE:
(707) 584-0124
CITY:ROHNERT PARKSTATE: CAZIP CODE:
94928
CAPACITY:40CENSUS: 7DATE:
10/05/2023
UNANNOUNCEDTIME BEGAN:
09:19 AM
MET WITH:Alexandria PepperTIME COMPLETED:
12:26 PM
ALLEGATION(S):
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-Staff pushed day care child
-Staff made inappropriate comments towards day care children
-Staff inappropriately video recorded day care child
INVESTIGATION FINDINGS:
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This is an amended report of the original report generated on 10/05/23. A follow-up complaint investigation visit was made today by Licensing Program Analyst (LPA), Y. Yang to deliver complaint investigation findings. Previously, investigation visits were made to the facility by the LPA on 08/11/23 and 08/17/23. It has been alleged that a staff member pushed daycare child C1, that staff have made inappropriate comments towards daycare children, and that staff inappropriately video recorded child C1.

During the initial investigation visit to the facility on 08/11/23, the LPA met with the center director, Alex Pepper to discuss the allegations. Pepper stated that she does not deny the allegations. Pepper stated that there was an incident that occurred in August 2023 in which two staff members (staff S5 and S8) were terminated after the center performed an internal investigation and found that the two staff members violated child C1’s personal rights. Pepper stated that while in a classroom, S5 used her personal cell phone to video record S8 using her hand to push C1’s chest as C1 attempted to sit upright in their cot. Pepper stated that C1 was upset and crying. Pepper stated that the video was then sent by S5 to a group chat consisting of S8 and two other teachers from the center. In the group chat, the staff members made comments about the video and used “laughing face emojis.” Continued on LIC9099-C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Yang Yang
LICENSING EVALUATOR SIGNATURE:

DATE: 10/12/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/12/2023
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 3
Control Number 01-CC-20230802140827
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 493001830
VISIT DATE: 10/05/2023
NARRATIVE
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S8 wrote “I should’ve had a whole fist then” and “Push and shove are two different things lol hahajajajajjaja [sic]” in reference to the video. Pepper stated that when she learned of this incident, she reported it to her supervisor, KinderCare District Leader, Jennifer Liu. Pepper stated that this incident was also reported to child C1’s authorized representatives, CCLD, and a suspected child abuse report (SCAR) to the local child welfare services agency was completed and submitted by Liu.

During the investigation, the LPA interviewed staff members S1-S7 regarding the allegations. Staff S8 could not be reached for an interview. Through the LPA’s interviews with the center’s staff and the center director’s own admission, the LPA was able to corroborate the allegations. Staff members that were interviewed stated that they are aware of the existence of a video taken by S5 which shows S8 pushing child C1. Several staff members interviewed stated that they themselves viewed the video and confirm that the staff member shown in the video is S8 using her hand to push C1’s chest. Furthermore, it was also corroborated through staff member interviews and the center director’s own admission that they have heard S5 and S8 making inappropriate comments towards daycare children. Staff interviewed stated that they have overheard S5 and S8 making inappropriate comments and teasing children about their appearance and/or personal hygiene. Title 22 states in part, “The licensee shall ensure that each child is accorded the following personal rights: 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.”

Based on information obtained from interviews and documents obtained during the investigation, the preponderance of evidence standard has been met; therefore, the above allegations are found to be substantiated. California Code of Regulations, Title 22 is being cited on the attached LIC 9099-D. An exit interview was conducted, and this report was read and discussed with the facility’s director, Alex Pepper. Appeal rights were provided. The Notice of Site Visit shall be posted for 30 days.

Reports citing Type A violations are to be provided to parents/guardians of children currently enrolled by the next business day or the next day the children are in care, and to parents/guardians of children newly enrolled at the facility for the next 12 months from the date of this report. Parents/guardians must sign form LIC 9224 to be kept in each child's file.

SUPERVISORS NAME: Alexis Hollon
LICENSING EVALUATOR NAME: Yang Yang
LICENSING EVALUATOR SIGNATURE:

DATE: 10/05/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 01-CC-20230802140827
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1450 NEOTOMAS AVENUE, STE. 100
SANTA ROSA, CA 95405

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 493001830
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/05/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
10/06/2023
Section Cited
CCR
101223(a)(3)
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The licensee shall ensure that each child is accorded the following personal rights: 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.

This requirement was not met as evidenced by: Based on information obtained through interviews, the center director's own admission, and documents obtained during the investigation, it was corroborated that children's personal rights were violated while at this facility.
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The center director, Alexandria Pepper stated that she and all staff will watch the Children's Personal Rights in Care video on the ccld.ca.gov website and review the written regulation during their all staff meeting on 10/09/23. A sign in sheet with staff names and signatures to verify training will be submitted to LPA via email by COB 10/09/23.
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Specifically, it was corroborated that staff S5 video recorded S8 pushing child C1 as C1 attempted to sit up in their cot. It was also corroborated that S5 then sent the video to other teachers at the center via text message. Lastly, it was corroborated through interviews that S5 and S8 have made inappropriate statements to children and about children regarding their appearance and/or personal hygiene. This poses an immediate health and safety risk to the children in care.
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Additionally, the center director stated that during the upcoming all staff meeting, training regarding the role and duties of a mandated reporter will be discussed in detail. The center director stated that she will submit current mandated reporter training certificates per AB1207 for all staff to the LPA; staff will sign and date the front of the certificate and write that acknowledge that they understand their role and duties as a mandated reporter.
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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: Alexis Hollon
LICENSING EVALUATOR NAME: Yang Yang
LICENSING EVALUATOR SIGNATURE:

DATE: 10/05/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/05/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3