Inspector’s narrative
What the inspector wrote
Based on LPAs observations, 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.
LPA Lilli Babcock informed facility representative Maricruz Flores that this report dated 12/5/24 documents 2 Type A citations which shall be posted for 30 consecutive days as there is/are immediate risks to the health, safety, or personal rights of children in care.
Also, LPA Lilli Babcock informed the facility representative to provide a copy of this licensing report dated 12/5/24 that documents any Type A citations 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.
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.
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Allegation: Child sustained an injury and parent was not notified
According to the allegation, a child received scratches on their stomach, and the parent was not notified of the incident. During interviews conducted, staff stated they did not observe any scratches on the stomach of any children while in care and no children notified staff that they had been scratched on their stomach while in care. Parents interviewed stated the facility has provided them with an incident report when their child has an injury.
Allegation: Sick children are allowed to remain at the facility
According to the allegation, multiple ill children were observed at the facility. Staff and Parents interviewed stated the facility is good about sending children who are ill home in a timely manner. LPA did not observe any noticeably ill children while at the facility conducting visits on 10/29/24, 11/22/24, and 12/5/24.
Although the allegations 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.
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Allegation: Facility is dirty
According to the allegation, the facility floor, tables where children eat and play, edges and corners of the facility, and sinks and toilets the children use are dirty. During interviews conducted by LPA, Staff #3 stated they have observed the children’s bathroom dirty and had not been cleaned. Staff #4 stated, “I’ve seen smears of poop on the ground and paint or leftover food in the sink”. Staff #6 stated they have observed the children’s sink or toilets to not be clean “a handful of times” and described observing “the toilet being clogged and urine on the floor and not taken care of for 3-4 hours” and “general messiness”. The facility “Classroom Cleaning Checklist” obtained by LPA shows restrooms are to be cleaned “as needed” during the day and states “Blood and Bodily Fluids: Clean then Disinfect immediately following”. Staff #7 stated the bathrooms are cleaned nightly, and “I have never seen them cleaned during the day”.
Allegation: Child wandered away due to lack of supervision
According to the allegation, a child had wandered away from the classroom without supervision. During interviews conducted by LPA, when asked if a child has ever wandered away from the classroom unsupervised in the last few months, Staff #3, Staff #4, Staff #5, Staff #6, and Staff #7 replied “Yes”. Staff #3 stated, “Yes, I see children leaving the classroom all the time. There are probably 6 kids that leave right now”. When asked if teachers have lost visual supervision of the children when they leave the classroom, Staff #6 replied “Yes”. Staff #4 stated, “I saw (the child) come out of their classroom and ask me where their teacher was. The class was out on the playground”. LPA asked Staff #4 if they alerted the child’s classroom teacher that the child was in the classroom unsupervised and Staff #4 replied “Ya, I said (the child) was in the classroom by themself, and the teacher didn’t know the child was gone”. Staff #5 stated, “I did see a child that came out and the teacher didn’t know the child was left in the classroom. The class was downstairs on the playground”. Staff #6 stated “They (children) go to the classroom and wander down the hall before we have a chance to catch up with them”. Staff #6 stated the children would be out of sight of staff for “a minute or so”. Staff #7 stated they observed a child hiding in an adjacent unoccupied classroom without the knowledge of the staff, and the child was unsupervised as staff did not know the child had left the classroom. Staff #7 stated, “I was walking in to give a break and I saw (a child) hiding in pre-K. I asked the teachers, and they said the child does that, and I said that is not OK”.
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Allegation: Bedding is not kept in a sanitary manner
According to the allegation, children’s bedding is supposed to be washed weekly, but complainant observed bedding that was not clean. During interviews conducted by LPA, Director, Maricruz Flores, stated the bedding is washed weekly for the preschool program. The facility “Classroom Cleaning Checklist” also states that cot sheets are to be laundered weekly/as needed. During interviews conducted, Staff #4 stated there have been times when “we have been backed up and we have to wait a day or two to do laundry”. Staff #4 also stated, they saw a teacher “put all the bedding in one bucket from the day before and then put it on kids’ cots not knowing whose was whose from the day before. I told management about that one. They said if the kids said something about their bedding not being washed to say, “that’s ok, don’t worry about it”.” Staff #6 stated they have observed children’s bedding that has been mixed together unwashed in a laundry hamper and put back on the children’s cots unwashed with no way to know which bedding had belonged to which child. Staff #6 stated they have observed this occur “2 or 3 times”. Staff #7 stated, bedding may not be washed on the assigned wash day but was unsure how long past the weekly wash date bedding has waited. Staff #7 stated, “Sometimes they are not able to use the washer and the date extends to the next day”.
Allegation: Child was given food without parent permission
According to the allegation, the KinderCare App, which is a form of communication between the facility and parents, stated a child had eaten their lunch but when they got home none of the lunch had been eaten by the child. Complaint also alleges children have eaten other children’s food without parent consent. During interviews conducted by LPA, when asked if staff have ever given a child’s food to the wrong child, Staff #1 stated, “I have received feedback from my manager where a student hadn’t touched their food and I put an inaccurate description on the app. What I had observed was that a child was eating food, but the parent came back and said they hadn’t touched their food. I believe the child was eating the snack of another child. I think the child may have taken out their food and was eating things from those around them”. Staff #6 stated the facility has definitely had “food mix ups”, “I think in the younger classrooms the kids move around and it is hard to keep them at their chairs and they get interested in what the other kids are eating and (staff) don’t stop them right away when they eat other children’s food”. Staff #7 stated, “I have heard of it, that they didn’t Page 3 of 5
warm up a child’s food and their food was still in the container, and they said they gave the child their food, but they gave them someone else’s food. They must have ate off of other plates”.
Allegation: Facility is not in Ratio
According to the allegation, the facility has been out of ratio. The ratio for preschool children that are not napping is 12 children to one teacher. LPA obtained Child Supervision Records (CSRs) for 9/30/24-10/28/24. LPA observed that on the morning of 10/1/24, there was one staff caring for 14 children and on the morning of 10/2/24 there was one staff caring for 13 children. Additionally, during interviews, Staff #5 stated the facility had been out of ratio during the morning with 14 or 16 kids. Staff #5 stated they had informed management of being out of ratio, stating, “I spoke up and told them. They said “Well we have teachers that called out” and told me to see if parents can stay and help”. Staff #6 stated the facility is out of ratio “maybe 3 times a week” which generally occurs “in the mornings and when they do a bus run and there is not enough staff”. Staff #6 stated that during that time the ratio is usually “16 to 1 and in the 2’s it can be 19 to 1”. Staff #7 stated the facility is out of ratio “maybe once or twice a month” if a teacher “has to go on a bus run and we are down a teacher”.
Allegation: Children's lunch is not prepared in a safe manner
According to the allegation, children’s lunches are reheated in foam containers, which is not healthy. All staff interviewed including the Director confirmed children’s lunches are reheated in foam bowls. During the complaint investigation visit on 12/5/24, LPA observed the foam bowls the facility is using to heat up children's food in the microwave do not have the microwave safe symbol on the packaging. Director called US Foods where the facility purchases the foam bowls and they confirmed the foam bowls the facility purchased are not designed to be heated in the microwave. During the visit on 12/5/24, Director messaged all parents via the KinderCare app saying, "We are asking if you can please start sending your child with microwaveable safe containers to warm up your child's food. We are no longer using Styrofoam bowls or paper plates to heat up their food". On 12/5/24 Director stated beginning 12/5/24,they will only use containers that are microwave safe when heating children's food in the microwave.
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