complaint·September 9, 2025

The Director, Melissa McMillin, was interviewed on 5/29/25 and denied the allegations. McMillin stated that children are encouraged to bring water bottles, but there are also pitchers and cups available. For the two-year-old children, cups are on high shelves to prevent cross-contamination. Water bottles are kept in cubbies and water trolleys. Staff encourage children to drink throughout the day. Regarding discipline, redirection is typically used, or they act as a “shadow” with the teacher. Rarely children are sent to the Director’s office to take a break and calm themselves. On 5/29/25, 7/23/25, 8/13/25, 8/18/25, 8/26/25, 8/27/25 and 9/5/25 eight staff (S1-S8), five parents (P1-P5) and five children (C3-C7) were interviewed regarding the allegations. On 9/16/25 an additional parent (P6) was interviewed. The children that were interviewed stated that teachers do not physically handle them. One child (C4) stated that they and their friends have been yelled at by a teacher when they are in trouble. One staff S7 that was interviewed stated that they have witnessed both Melissa McMillin and Nickole Kirbyson shove children onto cots and throw blankets on top of them. Another staff (S8) stated that they have witnessed Kirbyson put their leg over a child to hold the child on their cot during nap time. S7 also stated that Kirbyson yanked a child’s arm, yelled at the child, and forced them down on the ground. S7 also stated McMillin and Kirbyson are known to yell and grab children, and McMillin will get in children’s faces and point her finger, and she observed McMillin shove a child by the head. S2 stated Kirbyson and McMillin yell at children, scold them or scoff at them, and that Kirbyson got in a child’s face. S8 stated that Kirbyson yelled at S8 and a child in front of the other children. They stated that other children in the class that witnessed this were crying and scared when this happened. Three staff, S7 , S2, S8 stated that they have witnessed children being left out of activities or children are excluded from having a special treat such as a popsicle or a cupcake with their class due to behavior. P4 stated that Kirbyson is very rough with children, and has yanked children by the arm. P1 stated that McMillin is always yelling. P2 stated teacher speak in an inappropriate manner/raised voice and get in children's faces and point in the children's face. P6 stated that when they walked in the classroom, they would hear a staff yelling at children from the other room. S5 stated that sometimes when children would ask for water, they would be told "later" and not be given water. S7 stated that children will not get water if they don’t ask, and that some are non-verbal and don’t know how to ask. S3 stated that water is held up high for young kids. P2 stated that their child comes home thirsty and that their child claims that they are being denied water. P5 stated that their child is sometimes thirsty, and their water bottle is not filled at school. P6 stated their child always asks for water at pick up, and says they haven’t had water all day. On 9/5/25, Regional Director Nickole Kirbyson was interviewed and stated children have access to water on trolleys, there are two water fountains in the hallway and there is a two spout water fountain in the outdoor play area. Kirbyson stated that children are provided water at each snack and meal time as well as during outdoor play. Kirbyson does not recall handling a child in a rough manner or witnessing a child being handled in a rough manner. There are children that have "special needs" and need to be firmly held to prevent the child from getting injured. Kirbyson stated that they had no knowledge of any child being yanked by the arm. Kirbyson stated she has never yanked a child by their arm, but might have guided them to a soft surface to avoid injury. Children are not left out of activities, and if they miss out on a treat then it is sent home so they can have it later. Based on the interviews done during the investigation, it was found that in addition to the allegation of McMillin handling a child in a rough manner, that Kirbyson also handled children in a rough manner and both McMillin and Kirbyson yelled at children. Children were not allowed to drink freely since their bottles or sippy cups were kept out of reach and were not filled consistently, and there were instances that a child missed an activity or a treat due to behavior. Based on the evidence obtained, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, (Title 22), is being cited on the attached LIC 9099D. LPA Emily Curiel informed Regional Director Nickole Kirbyson to provide a copy of this licensing report dated 9/9/25 that documents one 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. Exit interview conducted and report was reviewed with the Regional Director Nickole Kirbyson. Appeal rights were provided. 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.