198003097-4-19-2023-33-CC-CGUA-CR7P82-20230424110448

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 198003097
Report Date: 04/19/2023
Date Signed: 04/19/2023 09:58:07 AM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

This is an official report of an unannounced visit/investigation of a complaint received in our office on
01/18/2023 and conducted by Evaluator Nolan Tcheng

PUBLIC

COMPLAINT CONTROL NUMBER: 33-CC-20230118162941

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	198003097
ADMINISTRATOR:	MARGIE ZARATE		FACILITY TYPE:	850
ADDRESS:	3443 S. NOGALES STREET		TELEPHONE:	(626) 965-9611
CITY:	WEST COVINA	STATE: CA	ZIP CODE:	91792
CAPACITY:	60	CENSUS: 42	DATE:	04/19/2023
		UNANNOUNCED	TIME BEGAN:	08:30 AM
MET WITH:	Margie Zarate - Director		TIME COMPLETED:	10:16 AM

ALLEGATION(S):

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Staff had inappropriate interactions with day care child

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Nolan Tcheng conducted an inspection for the purpose of delivering complaint findings. Upon arrival at 8:30am, LPA was met by Director Margie Zarate, to whom the purpose of the inspection was explained. At 8:45am, LPA was given a tour of the facility where there were children present at the time of inspection.

Census was taken. Pre-K/TK room (4s): 7 children with 1 staff member, Preschool 2 (3s): 18 children with 2 staff members, and Discovery (2s): 17 children with 3 staff members.

During the course of the investigation, interviews were conducted with six staff, seven children, and six parents. LPA obtained documentation in the form of Child Care Facility Roster, Class attendance sheets, Written statements, incident report, and copy of employee handbook.

REPORT CONTINUES PAGE 1 of 2

Substantiated

Estimated Days of Completion:

SUPERVISORS NAME: Christina Gabelman
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:	DATE: 04/19/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/19/2023

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 33-CC-20230118162941

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 198003097
	VISIT DATE: 04/19/2023

NARRATIVE

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Information from the complainant indicates that a staff member at the facility participated in inappropriate interactions with a child.

LPA interviewed director regarding the complaint reported. Director disclosed the incident was self-reported to the Department on 01/18/2023. Incident was brought to the attention of the facility by parent of children involved. Director confirmed with Staff #2 (S2) that the incident did occur. Staff #2 had disclosed that around 6:20pm, Child #1 (C1) and Child #2 (C2) were with S2, waiting to be picked up. They were all on the carpet watching a cartoon on a tablet, when Child #1 leaned over and kissed S2 on the cheek. Staff #2 informed director that they instructed the children that they “only kiss mommies and daddies” when the incident occurred. Director continued to discuss that facility policy regarding hugging and kissing. Director states that hugs are suppose to be a “very quick hug ‘1-2-3’ whether it’s on the side or on the front. Then we break away.”

Staff interviews corroborated the same policy for both “hugging” and the topic of “kisses” with children in care. Interview with Staff #2 (S2) corroborated incident occurring. S2 states they redirected C1 and C2 regarding “kissing” stating that “we only kiss moms, dads, sisters, and family members.” S2 states they did not let director know until mom informed director first, and stated they did not think it was bad intentions and that child was “being silly.”

Children interviews made no disclosure regarding the allegation

Parent interviews made no disclosure regarding the allegation.

This agency has investigated the complaint alleging that there was a violation of Title 22, Division 12, Chapter 1, Article 6, Section 101223 "Personal Rights.” The complaint alleged that “Staff had inappropriate interactions with day care child. Based upon the evidence as presented above, the allegation has been determined to be Substantiated. A finding of Substantiated means that the preponderance of evidence standard has been met. California Code of Regulations, Title 22, Division 12, Chapter 1, Article 06, Section 101223 "Personal Rights” is being cited on the attached LIC 9099D.

Please refer to 9099D for documentation of deficiencies.

Notice of Site Visit was given to Licensee. The Notice of Site Visit shall be posted for thirty (30) consecutive days.

Exit interview was conducted with Director Margie Zarate, at 9:55am. Copy of report provided. REPORT ENDS PAGE 2 of 2

SUPERVISORS NAME: Christina Gabelman
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:	DATE: 04/19/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/19/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 33-CC-20230118162941

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
L.A. DAY CARE-EAST, 1000 CORPORATE CNTR DR. 200-B
MONTEREY PARK, CA 91754

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 198003097
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 04/19/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 04/26/2023 Section Cited CCR 101223(a)(1)	1 2 3 4 5 6 7	101223 Personal Rights To be accorded dignity in his/her personal relationships with staff and other persons. This requirement was not met as evidenced by:	1 2 3 4 5 6 7	Per Director, they will have a staff meeting regarding positioning and equipment for space with students, as well as, discussing personal rights. Director will have staff sign acknoledgement form and send LPA copy of agenda, signed acknowledgment, and any equipment invoice, by POC date.
	8 9 10 11 12 13 14	Based on interviews, licensee did not ensure that child in care was accorded dignity in their relationship with staff. Child #1 was allowed to kiss Staff #2 on cheek. Staff #2 was not positoned in a way suitable to appropriately prevent incident. This poses a potential risk to the health, safety, and personal rights of children in care.	8 9 10 11 12 13 14
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	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: Christina Gabelman
LICENSING EVALUATOR NAME: Nolan Tcheng
LICENSING EVALUATOR SIGNATURE:	DATE: 04/19/2023

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 04/19/2023

LIC9099 (FAS) - (06/04)

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