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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 304270685
Report Date: 05/28/2024
Date Signed: 05/28/2024 01:08:33 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
04/26/2024 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20240426150738
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
304270685
ADMINISTRATOR:STEVENS, KELSEYFACILITY TYPE:
850
ADDRESS:25189 BEACON HILL WAYTELEPHONE:
(949) 240-4004
CITY:LAGUNA NIGUELSTATE: CAZIP CODE:
92677
CAPACITY:96CENSUS: 17DATE:
05/28/2024
UNANNOUNCEDTIME BEGAN:
11:35 AM
MET WITH:Director, Barbara BrownTIME COMPLETED:
01:30 PM
ALLEGATION(S):
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Staff threatens daycare children.
Staff # 1 and staff # 2 do not attend to children.
Staff does not provide adequate food service for daycare children.
INVESTIGATION FINDINGS:
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Page 1 of 3
Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up investigation regarding the above allegations. This is a follow up for the visit conducted on 4/29/24. LPA met with director, Barbara Brown. Census was taken. There was a total of 17 preschool children with 2 staff including the director in one classroom.
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 4/26/2024, the Orange County Child Care Office received a complaint alleging, “staff threatens daycare children”, “staff # 1 and staff # 2 do not attend to children”, and staff does not provide adequate food service for day care children”, RP stated staff # 1 and 2 do not attend to daycare children. RP stated they would threaten children saying, “if you don’t do this, you’ll sit by yourself”. RP stated on 04/19/24, additional bowl of fruit was not provided to serve to children. No more food was available for additional serving. Per complaint report on 04/23/24, each child was provided with 3 fish sticks. RP stated multiple day care children
Continued on page 2
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
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 7
Control Number 06-CC-20240426150738
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: 05/28/2024
NARRATIVE
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Page 2 of 3

were asking for more fish sticks, but there were no more to serve to children. During the course of investigation, LPA interviewed 15 staff, 10 parents, 5 children. Regarding the allegations of staff threatens day care children, and “staff # 1, and staff # 2 do not attend to children, LPA interviewed 15 staff, 10 parents, and 5 children. Staff stated they have not observed, witnessed, or heard any staff person to threaten children. Staff # 1 and staff # 2 denied threatening children. They said they might use firm voice but nothing threatening. They said they do not threaten children. For example,’ they tell children "you better do this instead of doing that" and children are not scared of them. They said they do attend to children. They supervise them in the classroom and on the playground. They play with them, feed them, washing hands., prepare them for nap, and they change their diapers. Staff # 4 stated children were not afraid of any staff. Staff # 5, 6, and 7 stated children are not scared of any staff, and they have not witnessed any staff to threaten children. Staff # 13 stated they are not sure if children are scared of any staff or staff have threaten children. Staff # 9, 10, 11, 12 stated they have watched staff with children in the classroom and on the playground, but they have not been with all children and other staff all day. They have not witnessed staff threaten children. LPA contacted 10 parents randomly of whom 7 parents responded. Two parents disclosed other concerns not related to the above allegations which were discussed with the director of the facility anonymously today. Four other parents responded with positive feedback. One parent disclosed a concern that supported another allegation on a different report. LPA interviewed 5 qualified older preschool children that did not disclose anything to support the above allegations.

Regarding the allegation of “staff does not provide adequate food service for daycare children. LPA interviewed 15 staff, 10 parents, and 5 children. Staff stated children eat some foods better than the other foods. Two staff who were helping in the kitchen stated they were following the Grow Happy Chart for portion sizes for different age group per management’s instruction. They take the census and estimate the amount of food for each day. For example, for Fish Stick, they followed the chart and gave the 2-year-old children 2 fish sticks each and 3 fish sticks for ages 3 to 5 years old. They were given one piece each child for additional serving. Staff stated they want healthy body, and they did not want to overeat them from one kind of food. There are side dishes such as vegetables, milk, and fruit as well. They said they follow the menu. They stated some days children did not like the fish sticks and broccoli and asked for something else. Muffins were taken to the classroom. We were instructed to serve children the serving size on the chart.

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SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 7
Control Number 06-CC-20240426150738
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: 05/28/2024
NARRATIVE
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Other staff stated children did not starve but asking for their favorite food more and more. It depends on food. They eat more pasta. They don't like Fish Sticks. Fish stick was served for the first time on that day. One staff stated they think there are enough food, but they did not offer them as extras to the classrooms. Another staff stated they heard they were overfeeding children and now they have limited portions. One staff stated they were serving dumplings for lunch today. 2 pieces for each child. They gave all the children their share. They had extras. They were given extras. Some children still wanted more. They asked for more. They gave it to us. Another staff stated they manage the portion size lately. Another staff stated on last Thursday or Friday they served dumplings and they asked for more. They got more. They asked for more fruit last Friday and they got it. One staff stated sometimes they are not enough food when they ask for more. Sometimes children eat one kind of food more than the other ones. It is not like children starve but they think they changed the portion size. Some stated there is still 2nd round if we ask for it. They give us 2nd for sure. There is always enough food. One staff stated they heard some other classrooms asked for more fish sticks and they did not have more. They gave 2 fish sticks per child for younger age. They brought extra fruit There were discrepancies in staffs’ statements regarding food serving. LPA contacted 10 parents randomly of whom 7 parents responded. Two parents disclosed other concerns not related to the above allegations which were discussed with the director of the facility anonymously. Four other parents responded with positive feedback. One parent disclosed a concern that supported another allegation on a different report. LPA interviewed 5 qualified older preschool children that did not disclose anything to support the above allegation. Based on the interviews conducted with a total of 15 staff, contact of 10 parents, and 5 preschool children, observation of the lunch of children dated 4/29/2024, observing food in the refrigerator and freezer, and reviewing portion size on Title 22 Regulations. there is not enough proof or evidence to support the above allegations occurred or did not occur. This agency has investigated the complaint alleging “staff threatens daycare children”, “staff # 1 and staff # 2 do not attend to children”, and staff does not provide adequate food service for day care children”; although the allegations may have happened or are valid, there is not a preponderance of evidence to prove, the alleged violations did or did not occur, therefore the allegations are 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. The director, Barbara Brown was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. Exit interview was conducted with director, Barbara Brown.
End of report
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 7
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
04/26/2024 and conducted by Evaluator Mahnaz Malek
PUBLIC
COMPLAINT CONTROL NUMBER: 06-CC-20240426150738

FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
304270685
ADMINISTRATOR:STEVENS, KELSEYFACILITY TYPE:
850
ADDRESS:25189 BEACON HILL WAYTELEPHONE:
(949) 240-4004
CITY:LAGUNA NIGUELSTATE: CAZIP CODE:
92677
CAPACITY:96CENSUS: 17DATE:
05/28/2024
UNANNOUNCEDTIME BEGAN:
10:05 AM
MET WITH:Director, Barbara BrownTIME COMPLETED:
11:30 AM
ALLEGATION(S):
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 Staff yells at daycare children.
INVESTIGATION FINDINGS:
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Page 1 of 2

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 4/29/24. LPA met with director, Barbara Brown. Census was taken. There was a total of 17 preschool children with 2 staff in one classroom.
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 4/26/2024, the Orange County Child Care Office received a complaint alleging the staff yells at day care children. Reporting Party (RP). RP stated they hear yelling, “go back”, “sit down”, “I already told you”.
During the course of investigation, LPA interviewed 15 staff, 10 parents, 5 children.
During the interviews with 15 staff, 4 staff confirmed that they have either observed or heard staff # 1 has
Continued on page 2
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
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 1
Control Number 06-CC-20240426150738
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: 05/28/2024
NARRATIVE
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yelled at children by saying “sit down and eat”, “go potty”, “stop crying”, and “you need to stop doing that”. Eleven staff did not confirm staff # 1 has yelled at children. However, their responses were: Staff # 1 screams across the classroom “stay in your bed.”,“The voice of staff # 1 is stressed out.”,“Staff # 1 created tense to the environment.”, “Staff # 1’s voice is firm, “Staff # 1’s voice is loud, “Staff # 1’s voice is in a disciplinary way.”, “The voice of staff # 1 shows frustration”. LPA contacted 10 parents randomly of whom 7 parents responded. One parent confirmed witnessing staff #1 yelling at a child to pick up their water bottle. Staff # 1 did not notice the presence of this parent. Two parents had other concerns not related to the allegations which were discussed with the director of the facility anonymously. Four other parents responded with positive feedback. LPA interviewed 5 qualified older preschool children that did not disclose anything to support the allegation. Based on LPA’s interviews with 15 staff of whom 4 staff confirmed staff # 1 yells at children, 10 parents of whom one confirmed witnessing staff # 1 yelling at a child to pick up their water bottle, and 5 preschool children, it was determined the preponderance of evidence standard has been met, the allegation of “Staff yells at daycare children" is found to be SUBSTANTIATED. Type A under California Title 22 Regulations Section 101223(a)(2) Personal Rights is cited on 9099D next page. During the course of interviews, staff disclosed to LPA that they had reported this issue to the management. The management confirmed that one staff had brought it up to their attention. The facility requires to report the unusual incident to the Department within 24 hours. The facility failed to report the disclosure of staff to the management of a staff yells at children. A citation of type B for Reporting Requirement 101212(d) is cited on next page for not reporting the unusual incident to the Department. Barbara Brown, the director was informed that the “Notice of Site Visit” must be posted for 30 consecutive days. The “Notice of Site Visit” must be posted on or adjacent to the door. Failure to post will result in Civil Penalties of $100.00. LPA Malek informed the director, Barbara Brown that this report dated 5/28/2024 documents type A citation shall be posted for 30 consecutive days as there is immediate risks to the health, safety, or personal rights of children in care. Also, LPA Malek informed the director, Barbara Brown to provide a copy of this licensing report dated 5/28/2024 that documents any Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification. The director, Barbara Brown, was provided with a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. The exit interview was conducted with director, Barbara Brown.
SUPERVISORS NAME: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 7
Control Number 06-CC-20240426150738
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
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/28/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
05/29/2024
Section Cited
CCR
10223(a)(2)
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(a)The licensee shall ensure that each child is accorded the following personal rights:
(2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. The requirement was not met as evidenced by interviewing 15 staff of whom 4 staff, and one
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The director agreed to send a statement with the staffs’ names and signatures acknowledging the section on the Personal Rights of children. The proof of correction will be sent to LPA's email address by the due date of 5/29/2024.
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parent confirmed witnessing staff # 1 yells at children, the other staff confirmed Staff # 1 screams across the classroom “stay in your bed.” The voice of staff # 1 is stressed out.” Staff # 1 created tense to the environment “Staff # 1’s voice is loud.” Staff # 1’s voice is in a disciplinary way.” “The voice of staff # 1 shows frustration”. This is an immediate risk to the health and safety of children in care.
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The director will follow up with staff watch the videos regarding Personal Rights of children at the Department's website of: https://ccld.childcarevideos.org/child-care-center-operators/personal rights-in-childcare. The proof of watching the videos will be sent to LPA by 6/5/2024.
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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: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
LIC9099 (FAS) - (06/04)
Page: 6 of 7
Control Number 06-CC-20240426150738
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
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 05/28/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
05/29/2024
Section Cited
CCR
101212(d)
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101212(d) Reporting Requirement- Upon the occurrence, during the operation of the childcare center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone or fax within the Department's next working within seven days following the occurrence
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The director agreed to send a statement with that she is aware of reporting requirements. The proof of correction will be sent to LPA's email address by the due date of 5/29/2024.
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during its normal business hours. In addition, a written report containing the information specified in (d)(2) below shall be submitted to the Department . The requirement was not met as evidenced by interviewing staff confirming they reported staff’s yelling. The facility failed to report it to the Department as it was required to. This is a potential risk to the health and safety of children in care.
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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: Thuy Ho
LICENSING EVALUATOR NAME: Mahnaz Malek
LICENSING EVALUATOR SIGNATURE:

DATE: 05/28/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/28/2024
LIC9099 (FAS) - (06/04)
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