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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 364804213
Report Date: 10/25/2023
Date Signed: 10/25/2023 05:11:49 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, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
This is an official report of an unannounced visit/investigation of a complaint received in our office on
09/25/2023 and conducted by Evaluator Blanca Ruiz-Silva
PUBLIC
COMPLAINT CONTROL NUMBER: 09-CC-20230925150956
FACILITY NAME:KINDERCARE LEARNING CENTERFACILITY NUMBER:
364804213
ADMINISTRATOR:MEGAN PEVELERFACILITY TYPE:
830
ADDRESS:2140 S. EUCLIDTELEPHONE:
(909) 983-5007
CITY:ONTARIOSTATE: CAZIP CODE:
91762
CAPACITY:28CENSUS: 15DATE:
10/25/2023
UNANNOUNCEDTIME BEGAN:
03:50 PM
MET WITH:Megan PevelerTIME COMPLETED:
05:30 PM
ALLEGATION(S):
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Infant sustained unexplained injuries while in care
Staff did not attend to infant in a timely manner.
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs) Blanca Ruiz and Rachel Zeron arrived at the facility to discuss and deliver findings of the investigation for the above allegation(s). A 10-day inspection was initiated by LPA Ruiz on 09/27/2023 with a subsequent inspection conducted on 09/29/2023. LPA met with Site Director, Megan Peveler and Assistant Director, Jennifer De Luna to provide findings related to the above allegations. During today’s inspection, facility was toured, and census was taken. LPA observed teacher to child ratio, and staff interactions with infants in the classroom. Facility serves age groups from 6 weeks to 2 years old.

The following was alleged: It was reported that staff at the facility did not attend to infant(s) in a timely manner which led to an infant(s) sustaining an alleged unexplained injury(ies) while in care. On 09/27/23 and 09/29/23, LPA conducted inspections at the facility to verify substantial compliance of Title 22 Regulations, specifically regarding the above allegations.

Please see Lic 9099C and Lic 9009D
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 10/25/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/25/2023
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 4
Control Number 09-CC-20230925150956
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 364804213
VISIT DATE: 10/25/2023
NARRATIVE
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LPA investigated the above allegation(s) and gathered the following information:
During inspection conducted on 09/27/23 and 09/29/23, LPA interviewed staff and records were reviewed at the facility, the following was reported: On or about the first week of 09/2023 a parent/legal guardian dropped off an infant at approximately 6:45 a.m. Infant was newly enrolled at the facility and recently started walking. One hour later, the administrator, Megan Peveler informed the parent/legal guardian of a minor incident that occurred at 7:40 a.m., it was stated that the infant had a “minor injury that looked like a small knot in the forehead, but nothing concerning.” Per staff’s own admission and facility records obtained during the investigation, an infant was hitting the classroom door with their hands and head for approximately 3-5 minutes, “so hard that the infant bumped their forehead in borders of the edge of the classroom door” which resulted significant bruising and swelling; an additional injury occurred a few hours later causing a second injury in the same area on the forehead. At 10:14 a.m. facility recorded another incident outside on the playground, where the same infant tripped and scraped their forehead again, in the same location. At pick up point, child was taken to the doctor immediately due to parent concerns of internal head bleeding and behavioral changes due to the child's allegedly “lethargic” state.

Information obtained during interviews with pertinent parties revealed that during the first incident, staff at the facility were present, but attending to another infant who needed a diaper change. Staff interviews indicated extra time was needed to clean the infant completely; therefore, direct visual supervision was not provided to the infant in question along with other infants in the room. At the time of the incident, it was reported by the facility that there was one staff member to four infants in the room. When the second staff arrived to the room (unknown time), the injury on the infant's forehead was explained by the second staff as “noticeable, significant, and concerning”; however, both staff were reportedly reassured by the administrator that the parent of the child had been contacted and explained details of the incident(s). The infant participated in all regular activities of the day without staff anticipating a second accident, where the same infant tripped and scraped their forehead again, in the same location while on the playground. When the parent(s) of the infant arrived to pick up the child at approximately 2:20 p.m., the administrator attempted to explain the second incident; however, parent took the child home. LPA obtained pictures taken at pick up time showing significant swelling and bruising on the infant’s forehead. The child was taken to the doctor immediately after the parent left the facility.
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 10/25/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/25/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 09-CC-20230925150956
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501
FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 364804213
VISIT DATE: 10/25/2023
NARRATIVE
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 It was disclosed during the investigation, the facility is currently utilizing the "Bright Wheel” application to communicate with parents regarding infants’ daily activities, routine, and important milestones. However, there is no evidence that pictures related to the incident were uploaded for the parent to assess the injury after information was provided to the parent by phone. In addition, information pertaining to the infant's activities and times during the day were allegedly inaccurate. When administrator was asked the reason for not providing pictures to the parent pertaining to the incident in question, it was stated that the parent did not request any pictures when they called to inform of the first incident. Parents of the infant emailed the administrator to obtain details on how the injury occurred but did not receive a response with additional details from both incidents. The subject infant is no longer in care. Based on interviews conducted, facility documentation, and additional pertinent information obtained, the preponderance of evidence standard has been met, therefore the above allegation (s) are found to be Substantiated.

See LIC 9099-D for cited deficiency.

LPA informed administrator, Megan Peveler that this report dated 10/25/23 documents (2) Type A citation(s) which shall be posted for 30 consecutive days as there was an immediate risk to the Health, Safety, or Personal Rights of children in care. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224) was provided to facility during this inspection. The Lic 9224/Type A citation must be provided to parents/guardian 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 the verification.

A Civil Penalty has been assessed during this inspection. Payment is due when billed and the check(s) or money orders shall be made payable to the “California Department of Social Services”. YOU WILL RECEIVE AN INVOICE IN THE MAIL. DO NOT SEND MONEY UNTIL YOU RECEIVE YOUR INVOICE. DO NOT SEND CASH.

A notice of site visit was given and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days.Failure to comply with posting requirements shall result in an immediate civil penalty of $100.Exit interview conducted and report was reviewed with the Administrator, Megan Peveler.
SUPERVISORS NAME: Aaron Ross
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 10/25/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/25/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 09-CC-20230925150956
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 3737 MAIN ST., SUITE 700
RIVERSIDE, CA 92501

FACILITY NAME: KINDERCARE LEARNING CENTER
FACILITY NUMBER: 364804213
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 10/25/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
10/26/2023
Section Cited
CCR
101229(a)(1)
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101229(a)(1): Responsibility for Providing Care and Supervision: No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation. This requirement was not being met as evidenced by:
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Administrator agrees to rearrange staffing to meet infant's needs and provide a new staffing plan to include staff schedule (posted in the classroom) responsible for actively supervising to meet their needs and to prevent/mitigate injuries. In addition, administrator agrees to provide in-service training memo on Supervision and Personal Rights (Agenda with a description of training topics needs to be included) and to submit a written statement of understanding from staff with their signatures, verifying their attendance with the date and time by the POC deadline.

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On 09/06/23, an infant suffered a head injury that resulted in significant bruising and swelling of the forehead in which medical attention was sought, per staff’s own admission, the incident occurred while staff was changing a diaper for another child who was really dirty, no direct visual supervision was provided to the subject infant while the diaper change was in progress. This posed an immediate health, safety, or personal rights risk to the subject child and children in care.
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A Civil Penalty of $1,000.00 is assessed for the Repeat violation of the same violation within 12 months.
Type A
10/26/2023
Section Cited
CCR
101223(a)(2)
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101223(a)(2): 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.
This requirement was not being met as evidenced by:

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Administrator agrees to rearrange staffing to meet infant's needs and provide a new staffing plan to include staff schedule (posted in the classroom) responsible for actively supervising infants to meet their needs and to prevent/mitigate injuries. accidents. In addition, administrator agrees to provide in-service training memo on Supervision and Personal Rights (Agenda with a description of training topics needs to be included) and to submit a written statement of understanding from staff with their signatures, verifying their attendance with the date and time by the POC deadline
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Per staff’s own admission and facility records obtained during the investigation, an infant was hitting the classroom door with their hands and head for approximately 3-5 minutes, “so hard that the infant bumped their forehead in borders of the edge of the classroom door” which resulted significant bruising and swelling; an additional injury occurred a few hours later causing a second injury in the same area on the forehead. At pick up point, child was taken to the doctor immediately due to parent concerns of internal head bleeding and behavioral changes due to the child's allegedly “lethargic” state. This posed an immediate health, safety, or personal rights risk to the subject child and children in care.

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A Civil Penalty of $500.00 is being assessed for the 09/06/23 injury.
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: Aaron Ross
LICENSING EVALUATOR NAME: Blanca Ruiz-Silva
LICENSING EVALUATOR SIGNATURE:

DATE: 10/25/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/25/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 4