complaint·February 8, 2024

Complaint alleges staff do not change the children’s diapers as needed, resulting in children wearing soaked diapers. Staff interviewed stated diapers are changed in the preschool every 1-2 hours. Director stated diapers are changed every 1 ½-2 hours. LPA obtained diaper logs for the preschool program for the month of November 2023. Diaper logs show 12 of the 22 days during the month had a 3 – 4.5 hour or more gap between diaper changes. During interviews, Parent #1 stated their child’s diaper change was not completed properly and their child had a residue of an earlier bowel movement when parent picked up their child. Parent #3 stated on 2-3 occasions their child was overdue for a diaper change when they picked up the child from the facility. Allegation: Staff do not ensure that daycare children are supervised at all times Complaint alleges staff do not accompany the children to the bathroom, and children are using the bathroom unsupervised. During interviews, 9 staff disclosed they have not been able to visually supervise children at all times while using the bathroom in the hallway. Staff stated during nap time there is generally one staff in each preschool classroom. Children in the Preschool and PreK classrooms use the bathroom located down the hall and around the corner from the classrooms. If a child needs to use the restroom during nap time and there is only one staff member in either the Preschool or PreK rooms, 9 staff stated they have stood in the hallway by the partition that separates the Preschool and PreK classrooms and attempted to monitor the children in the bathroom down the hall via a mirror placed at the end of the hall. The mirror at the end of the hall shows another mirror placed across from the bathroom. The mirror across from the bathroom shows the child in the bathroom. Staff attempt to observe the children in the bathroom by viewing a mirror in another mirror which shows the child in the bathroom. Staff stated they would not be able to see if a child was putting their hands in the toilet or if 2 children were touching each other, by looking in the mirror at the end of the hall. Staff also stated that when attempting to observe the child in the mirror using the bathroom, their head is turned away from the classroom and staff are not able to visually supervise the children in the classroom at all times. During a visit on 1/26/24, LPA Hopkins-Hernandez stood in the bathroom alone, and LPA Babcock attempted to view LPA Hopkins-Hernandez in the bathroom while standing by the classroom where staff said they stand during nap time and a child uses the bathroom. LPA Babcock was able to see a blob in the mirror that looks into the mirror across from the bathroom. LPA Babcock was not able to see what LPA Hopkins-Hernandez was doing in the bathroom. During the same visit on 1/26/24, LPAs Babcock and Hopkins-Hernandez were in the hallway by the bathrooms, and LPAs and Assistant Director observed a child Page 2 of 3 leave the classroom and walk down the hallway and into the bathroom unsupervised. During parent interviews, Parent #1 stated at pick up one day, the teacher stated their child’s jacket was wet and placed in a bag because their child was playing with toilet water. On this day, LPA provided Director with regulation 101229 Responsibility for Providing Care and Supervision which states , " The licensee shall provide care and supervision as necessary to meet the children's needs. No child(ren) shall be left without the supervision of a teacher at any time. Supervision shall include visual observation". LPAs reviewed the regulation with Director. Complaint also alleges staff are not supervising children properly while outdoors. Staff #2 stated staff have been observed on the outdoor playground using their personal cell phones and not visually supervising children. Allegation: Staff do not maintain a clean facility Complaint alleges the microwave in the preschool classroom is dirty. During interviews the Director stated the microwave in the classrooms is thoroughly cleaned after each use. Staff #2 stated the microwave is dirty and not cleaned often and has dried food on it. On 1/31/24, LPA observed a microwave in the preschool classroom to have loose food particles on the top of the inside of the microwave which could fall into food. Pictures of the microwave were taken by LPA. Based on LPAs observations and interviews which were conducted and record reviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 1, are being cited on the attached LIC 9099D. A notice of site visit was given and must remain posted 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 Director, Maricruz Flores. Page 3 of 3 Complaint alleges Staff #1 (S1) grabbed a child in a rough manner. Staff interviewed stated they have never witnessed any staff at the facility violating a child’s personal rights, or inappropriately disciplining a child in any way. Parents interviewed did not disclose S1 had inappropriately touched their child. Children interviewed stated they were happy at Kindercare. Allegation #2: Staff yelled at daycare child Complaint alleges a teacher yelled at a child in care. Staff interviewed stated they have never witnessed or been told of any staff at the facility yelling at a child. Parents interviewed did not disclose their child had been yelled at by staff. Children interviewed stated they were happy at Kindercare. Based on the information gathered, and interviews conducted, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated. There were no deficiencies cited on the above-mentioned allegations per California Code of Regulations Title 22. A notice of site visit was given and must remain posted 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 Director, Maricruz Flores. Page 2 of 2