complaint·August 3, 2023

Throughout the course of the investigation, LPA Almanza conducted interviews with the Parent (P1) of Child 1 (C1) and five staff, and reviewed photographs of injuries sustained by C1. -Pertaining to the allegation that “Staff handled day-care children in a rough manner”: this allegation refers to two separate incidents, one of which occurred on 01/04/23 and another which occurred on 01/17/23. The incident which occurred on 01/04/23 was that Parent 1 (P1) was viewing the classroom camera via the Sprout app at around 04:08 pm when P1 allegedly saw Staff 1 (S1) pin C1’s arms by their side and pick C1 up from behind. P1 immediately phoned to notify the facility of the incident while driving to the Center. At 4:15 pm, P1 arrived at the facility to pick C1 up and talked to Staff 3 (S3). S3 told P1 that they could not confirm what P1 observed on video and that they would investigate. Per S1, on 01/04/23, S1 happened to be in the classroom to get something when Staff 2 asked S1 to take C1 to the office. C1 was running back and forth and throwing chairs and in order to keep C1 from hurting other children, S1 grabbed C1, forcing C1 to the ground, putting C1 between S1’s legs, with C1 facing away from S1 and then S1 put their arms around C1, holding C1’s arms underneath them. As C1 was screaming and crying. S1 held C1 until C1 calmed down. When asked about the incident by P1, S1 told P1 that C1 was picked up because C1 was going to hit another child. At pick up, C1 was crying and told P1 that C1 was playing and that S1 was lying. Staff 4 (S4) corroborated S1’s account that S1 had restrained C1 in order to keep C1 from hitting another child by grabbing C1 from around their torso, stating that S1 did not squeeze or hold C1 tight. S1 states that they took classes on restraining and learned how to restrain children by holding them underneath without hurting them, but admits that the Center’s policy is that staff are not allowed to put hands on children, though it allows staff to restrain children forcefully, not hurting them. The incident which occurred on 01/17/23, according to P1, was that S2 picked up C1 from under the arms in a rough manner. S2 notified P1 that C1 was not listening and running from them; as a result S2 picked C1 up and took C1 to the office. P1 became aware of the incident during bath time when P1 observed gouges (two marks) on C1’s right arm, by C1’s armpit. On 01/18/23, the facility’s Regional Manager investigated the incident and P1 was notified that S2 would not be allowed back into the classroom with C1. S2 disclosed that on 01/17/23, during nap time, S2 was alone in the classroom since their co-staff was at lunch. C1 would not stay in the bed, was argumentative, and was taking toys and tucking them in the bed. S2 recalls taking the toys from C1’s bed, but does not recall anything physical or forceful, picking C1 up, or taking C1 to the office. S2 stated that if someone said S2 picked C1 up and took C1 to the office, it might have happened. S4 reported that they do not remember everything that happened to C1 on 01/17/23. S4 conducted an internal investigation and discovered that C1 ended up with two marks under C1’s arm. S4 reviewed video footage from when the incident happened but did not see S2 pick up C1. S4 observed S2 take the toys from C1, while on the bed, and that is when C1 got scratched. S4 disclosed that staff have had to grab C1 before. LPA Almanza received photographs of C1’s right arm dated 01/17/23. LPA observed that there are two small, red oval-shaped marks with broken skin. This agency has investigated the allegation that “Staff handled day-care children in a rough manner.” Based on interviews which were conducted, the preponderance of evidence standard has been met, therefore the above allegations is found to be Substantiated. California Code of Regulations, (Title 22, Division 12, Chapter 1, Article 06, Section 101223 Personal Rights) is being cited on the attached LIC9099D. A notice of site visit was given and must remain posted for 30 days. Exit interview conducted and report was reviewed with the facility representative Cheryl Gartsman.