304270685-8-22-2024-06-CC-THOO-D8UVS6-20240906164102

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 304270685
Report Date: 08/22/2024
Date Signed: 08/22/2024 01:33:48 PM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/17/2024 and conducted by Evaluator Mahnaz Malek

PUBLIC

COMPLAINT CONTROL NUMBER: 06-CC-20240717085944

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	304270685
ADMINISTRATOR:	BROWN, BARBARA		FACILITY TYPE:	850
ADDRESS:	25189 BEACON HILL WAY		TELEPHONE:	(949) 240-4004
CITY:	LAGUNA NIGUEL	STATE: CA	ZIP CODE:	92677
CAPACITY:	96	CENSUS: 15	DATE:	08/22/2024
		UNANNOUNCED	TIME BEGAN:	12:30 PM
MET WITH:	Assistant director and director		TIME COMPLETED:	02:00 PM

ALLEGATION(S):

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Staff did not provide adequate supervision to child in care.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation regarding the above allegation. This is a follow up for the visit conducted on 7/22/2024. LPA met with assistant director, Savannah Garcia. The director Barbara Brown arrived during LPA's presence. Census was taken. There was a total of 15 napping preschool children with 2 staff in -two different classrooms. One group of 5 napping children with one staff in one room and another group of 10 napping/resting children with one staff in another room.
A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions.
On 7/17/2024, the Orange County Childcare Office received a complaint alleging “Staff did not provide adequate supervision to child in care”. Reporting Party (RP) stated that on 6/24 and 6/25/2024 at about

Continued page 2.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 08/22/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/22/2024

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20240717085944

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 304270685
	VISIT DATE: 08/22/2024

NARRATIVE

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5:45 PM, it was observed 3-year-old child, in the restroom unsupervised. Per the RP, on 6/24/2024, child was not in the classroom and was in the restroom with no diaper on and playing in the toilet. Additionally, the RP also stated on 6/25/2024, child disclosed that child was in the restroom playing in the toilet again.

During the investigation, LPA interviewed 5 staff working with child # 1(C1) throughout the day, 8 qualified children, C1 was not available, and 10 parents’ contact of whom 3 parents responded.

Staff # 1 (S1) stated that (C1) liked to run away and staff had to follow the child. C1 was changed in the bathroom while standing up and C1 was never in the bathroom alone.
S2 stated they watched C1 till the closing. S2 stated they have seen C1 going to the restroom and flushing all the toys such as toy cars in the toilet. C1 has done that once very quickly. S2 had to follow C1 in the bathroom preventing C1 not to drop anything in the toilet. S2 stated that was the time C1 was observed in the restroom after dropping the toy in the toilet whom S2 was with the C1 and C1 was not alone. S2 stated C1 was not without diaper in the bathroom as it was reported. C1 was not potty trained, and the staff needed to change C1's diaper/pull up in the bathroom. An additional staff was provided for better supervision.
S3 stated C1 was never alone in the bathroom. C1 needed to be with a staff to be changed.
S4 stated they had witnessed C1 runs away in the hallway and a staff was after C1. C1 has dropped toy in the toilet one time and other times C1 was caught before doing it. Additional staff was working with staff for better supervision. S4 denies witnessing C1 without diaper/pull up alone in the bathroom.
S5 stated C1 was at the facility for a short time. S5 was informed that C1 loves to drop the toys in the toilet and runs away from the classroom and the staff needed to watch C1 closely. The facility provided additional staff to help for better supervision.

LPA also interviewed 8 qualified children. C1 was not available. Other children stated the staff watch them when they use the bathroom. They ask their teachers when they want to use the bathroom. Children did not see any child drop any toys in the toilets.

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SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 08/22/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/22/2024

LIC9099 (FAS) - (06/04)

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Control Number 06-CC-20240717085944

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE CO CHILD CARE, 750 THE CITY DRIVE, SUITE 250
ORANGE, CA 92868

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 304270685
	VISIT DATE: 08/22/2024

NARRATIVE

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LPA reviewed internal Kindercare Child Supervision Record (CSR) for the dated mentioned on the complaint report (6/24/2024 and 6/25/2024), LPA found out that C1 was the last child to be signed out on those above dates. A staff person was with C1, and that staff denied C1 being unsupervised in the restroom. During the course of interviews with five staff, 8 qualified children, and 10 parents of whom 3 responded with positive feedback, (2 parents had concerns unrelated to the allegation which was discussed with the director), reviewing incident reports, and Child Supervision Record (CSR) for the facility, there is not enough proof or evidence to support the above allegation occurred or did not occur.

This agency has investigated the complaint alleging “Staff did not provide adequate supervision to child in care; 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.

Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100.

In the areas which were investigated, no deficiency was cited today. The director, Barbara Brown was provided a copy of their appeal rights (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted with director, Barbara Brown.

The report ends here.

SUPERVISOR'S NAME: Thuy Ho	TELEPHONE: (714) 703-2741
LICENSING EVALUATOR NAME: Mahnaz Malek	TELEPHONE: (714) 292-9851
LICENSING EVALUATOR SIGNATURE:	DATE: 08/22/2024

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/22/2024

LIC9099 (FAS) - (06/04)

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