complaint·October 21, 2022

Allegation: Children being hurt by another child. According to the allegation, children are afraid to go to school because the staff is not able to keep Child #1 (C1) from hurting them. A document dated June 2020 from the file of C1 states that C1 has “hit other children, created weapons and used them to hurt or threaten children, threatened to hurt staff and other children when upset, throws chairs and other objects when upset, and teases and bully’s, other children”. In addition, incident reports reviewed show that on 6/26/19, C1 spit on a classmate; on 7/8/19 C1 pulled a girl’s hair; on 7/8/19 C1 stole another child’s item; on 7/8/19 C1 punched a boy in the arm because the child had a rubber band he wanted; on 3/4/22 C1 threw a soccer ball in a child’s face, causing a red mark; on 7/25/22 C1 “pummeled” a child “8 or 9 times”. A Daily Behavior Log from 4/6/22, states C1 “was observed taking a colored pencil and poking another student in the bottom with the pointed end”. Two other children came forward stating this happened to them as well. Interviews by LPA revealed the following disclosures: Staff #1 (S1) stated C1 “hit other children at least 20 times and had been occurring off and on for over 3 years”. S1 stated that C1 “created weapons 50 times, every day he tried to create something. He shot something at a child with a balloon thing and it made a mark on the child’s neck”. S1 stated staff would tell C1 to “hand over the weapon or put it in his pocket and leave it there”. When asked by LPA “How did you protect children from being inappropriately touched or hurt or bullied by C1?”. S1 stated, “There was nothing we could do besides talk to C1 and tell the director”. S1 admitted staff were not able to protect the children’s personal rights. Staff #2 (S2) stated C1 hit children “a couple of times a week”, and threatened kids “quite often, that he was going to beat them up or hit them”, and that this behavior occurred for “a couple of years”. S2 stated C1 would make a weapon at the facility “on a daily basis”, for the last couple of years. S2 stated C1 would “throw chairs once or twice a month” and hurt other children “maybe between 5 and 10 times that I know of”, during the past year. S2 stated C1 “made something out of paper towel rolls and hit a boy on the back. He had a red mark on his back. C1 put tape on the end and made it strong. He would take a paper clip and open it up and make a sharp point.” S2 stated when C1 hurt another child, staff would “speak to C1, bring it Page 2 of 4 to the attention of the director, and do an incident report if there was a mark on the other child”. When asked by the LPA if these actions prevented C1 from hurting another child, S2 stated “No, he would tell us he doesn’t have to listen to me.” Staff #3 (S3) stated C1 “put his hands on another child multiple times” and threatened to hurt staff or other children “between 5 and 10 times” during the the time S3 has worked at KinderCare. S3 stated C1 created sharp weapons on a “daily basis. Whether he used them to hurt other children honestly depended on his day and his mood and what was going on with him. C1 would use rubber bands to shoot toothpicks. He would sharpen wood chips and grind them on the pavement until they became sharp. I believe one time he took a balloon, fastened something to it, and would slingshot rocks; one hit a student in the back and hurt him. We talked to him and he refused to give it to us until it broke. C1 hurt children multiple times. When asked how the staff handles C1 hurting another child, S3 stated, “We attend to the child that is hurt, explain to C1 why it was inappropriate and not OK, redirect and report it to the director.” When asked if that prevented C1 from hurting another child, S3 stated, “For a short time and then he would do it again. There could be an incident in the morning and then another incident in the afternoon.” When LPA asked S3 if a child’s personal rights had been violated while at KinderCare, S3 replied “In instances where C1 has hurt other kids and we couldn’t protect them, ya.” Staff #4 (director) stated C1 created weapons daily. “The teachers were watching and when he created a weapon, we asked C1 to please put it away or we can save it until you go home.” When asked if children’s personal rights were violated while at KinderCare, the director stated, “Yes, of course. We were trying to protect everyone’s personal rights. I tried my best.” Records show that the director reached out on 01/07/21 and 06/14/22 to Inclusion Services within the KinderCare organization seeking assistance for C1’s behavior. On 7/27/22, it was decided that after the incident on 7/25/22 when C1 “pummeled” a child that 7/29/22 would be the last day for C1 to attend KinderCare unless the family could provide a 1:1 aide to assist C1. Per director C1’s last day was 7/27/22. Based on the information gathered, and interviews conducted, although staff was present, they were not able to prevent children in care from being hurt. Therefore, the preponderance of evidence standard has been met, and the above allegation is found to be SUBSTANTIATED. Page 3 of 4 California Code of Regulations, Title 22 Chapter 1 are being cited on the attached 9099D. Deficiencies that are being cited need to be cleared to protect the children’s health and safety. LPA Lilli Babcock informed facility representative, Maricruz Flores, that this report dated 10/21//2022 documents 1 Type A citation which shall be posted for 30 consecutive days as there is immediate risk 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 10/21/22 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. 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 4 of 4