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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 013414408
Report Date: 03/16/2023
Date Signed: 03/16/2023 06:19:26 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
01/04/2023 and conducted by Evaluator April Wright
COMPLAINT CONTROL NUMBER: 52-CC-20230104102143
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
013414408
ADMINISTRATOR:DIANA TOSTADOFACILITY TYPE:
850
ADDRESS:4727 CALAVERAS AVENUETELEPHONE:
(510) 791-2222
CITY:FREMONTSTATE: CAZIP CODE:
94538
CAPACITY:132CENSUS: 108DATE:
03/16/2023
UNANNOUNCEDTIME BEGAN:
02:05 PM
MET WITH:Diana TostadoTIME COMPLETED:
04:45 PM
ALLEGATION(S):
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9
Personal Rights - Staff handles children in a rough manner
INVESTIGATION FINDINGS:
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On March 16th, 2023, at approximately 2:05pm, Licensing Program Analyst (LPA) April Wright and Licensing Program Manager (LPM) Chandra Charles, met with Director Diana Tostado, for an unannounced Complaint follow up inspection. The purpose of the visit is to deliver the complaint investigation findings. LPA Wright conducted a Health & Safety inspection of the facility. Present during the inspection was 108 preschool children and 15 staff personnel which including the Director. All staff present today have a fingerprint clearance.
During the course of the investigation, (LPA) Wright, conducted interviews with a random sample of parents, & facility personnel staff. (LPA) Wright, reviewed supporting documents submitted with the complaintant.
The Complaint alleges a child’s Personal Right’s was violated – Staff handles children in a rough manner
This agency has investigated this complaint. Based on LPAs observations and interviews which were conducted, and the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.
Exit interview was conducted with the Center Director Diana Tostado, LPA Wright, read the report to the Director, Appeals were explained and presented
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: April Wright
LICENSING EVALUATOR SIGNATURE:

DATE: 03/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/16/2023
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 6
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
01/04/2023 and conducted by Evaluator April Wright
COMPLAINT CONTROL NUMBER: 52-CC-20230104102143

FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
013414408
ADMINISTRATOR:DIANA TOSTADOFACILITY TYPE:
850
ADDRESS:4727 CALAVERAS AVENUETELEPHONE:
(510) 791-2222
CITY:FREMONTSTATE: CAZIP CODE:
94538
CAPACITY:132CENSUS: 108DATE:
03/16/2023
UNANNOUNCEDTIME BEGAN:
02:05 PM
MET WITH:Diana TostadoTIME COMPLETED:
04:45 PM
ALLEGATION(S):
1
2
3
4
5
6
7
8
9
Personal Rights – Staff yells at children in care
INVESTIGATION FINDINGS:
1
2
3
4
5
6
7
8
9
10
11
12
13
On March 16th, 2023, at approximately 2:05pm, Licensing Program Analyst (LPA) April Wright and Licensing Program Manager (LPM) Chandra Charles, met with Director Diana Tostado, for an unannounced Complaint follow up inspection. The purpose of the visit is to deliver the complaint investigation findings. LPA Wright conducted a Health & Safety inspection of the facility. Present during the inspection was 108 preschool children and 15 staff personnel which including the Director. All staff present today have a fingerprint clearance.
During the course of the investigation, (LPA) Wright, conducted interviews with a random sample of parents, & facility personnel staff. (LPA) Wright, reviewed supporting documents submitted with the complaintant.
The Complaint alleges a child’s Personal Right’s was violated – Staff yells at children in care.
This agency has investigated this complaint. Based on LPAs interviews which were conducted, and the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.
Exit interview was conducted with the Center Director Diana Tostado, LPA Wright, read the report to the Director, Appeals were explained and presented.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Chandra Charles
LICENSING EVALUATOR NAME: April Wright
LICENSING EVALUATOR SIGNATURE:

DATE: 03/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/16/2023
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 6
Control Number 52-CC-20230104102143
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 013414408
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/16/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
03/16/2023
Section Cited
CCR
101223(a)(3)
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101223(a)(3) 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;
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As a plan of correction, Director will conduct an all staff meeting on the importance of personal rights of children. Director will schedule all staff meeting within the next 30 days, where personal rights video will be viewed and discusssed. Director will have staff write a pargraph on the understanding of personal rights.
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or withholding of shelter, clothing, medication or aids to physical functioning.
Based on all parties interviewed, This requirement was not met as evidenced based on LPAs interviews which revealed that staff members yelling at children in care, which poses an potrential health and safety risk to children in care..
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Director is to advise LPA of date and time of meeting within the next 5 days. Director will send to LPA copy of attendance and employees statements. Meeting must be conducted within the next 30 days.
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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: Chandra Charles
LICENSING EVALUATOR NAME: April Wright
LICENSING EVALUATOR SIGNATURE:

DATE: 03/16/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/16/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 52-CC-20230104102143
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH EAST, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 013414408
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/16/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
03/16/2023
Section Cited
CCR
101223(a)(3)
1
2
3
4
5
6
7
101223(a)(3) 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;
1
2
3
4
5
6
7
As a plan of correction, Director will conduct an all staff meeting on the importance of personal rights of children. Director will schedule all staff meeting within the next 30 days, where personal rights video will be viewed and discusssed. Director will have staff write a pargraph on the understanding of personal rights.
8
9
10
11
12
13
14
or withholding of shelter, clothing, medication or aids to physical functioning.
Based on all parties interviewed, This requirement was not met as evidenced based on LPAs interviews revealed that staff members were in a rough manner, which poses are potential health and safety risk to children in care..
8
9
10
11
12
13
14
Director is to advise LPA of date and time of meeting within the next 5 days. Director will send to LPA copy of attendance and employees statements. Meeting must be conducted within the next 30 days.
1
2
3
4
5
6
7
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2
3
4
5
6
7
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2
3
4
5
6
7
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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: Chandra Charles
LICENSING EVALUATOR NAME: April Wright
LICENSING EVALUATOR SIGNATURE:

DATE: 03/16/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/16/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 6