Incident investigation·November 30, 2023

On November 30, 2023, Licensing Program Analyst (LPA) Carolyn Tuba conducted a case management inspection due to an Unusual Incident Report (UIR) submitted by the facility on 11/3/2023. LPA met with Site Supervisor, Christine Garcia. LPA was guided by the Site Supervisor on a tour to obtain the census of 42 children with 7 staff members. During the visit Program Director, Paula Gutierrez joined the inspection visit and LPA conducted consultation with Program Director and Site Supervisor. The incident was reported to the Department within the required 24 hours of occurrence. It came to the facility\342\200\231s attention that Witness #1 (W1) alleged that she witnessed an incident at the facility's playground on November 2, 2023, at approximately 11:30 am, with a preschool child who attends the facility and a staff who works at the facility. LPA conducted interviews with Site Supervisor, Staff #1 (S1) #2 (S2) #3(S3), #4 (S4), Child #2 (C2) and Witness #1 (W1) on a prior visit of 11/8/2023, as well as attempted to interview Child #1 (C1), but who did not qualify due to their verbal skills. LPA interviewed Program Director, Paula Gutierrez via the telephone on 11/14/2023 who shared video footage of the alleged incident on the date of 11/2/2023 at approximately 11:35 am. LPA conducted an interview with Staff #5 (S5) via telephone on 11/17/2023. After reviewing the video footage there was evidence that S5 had removed C1 from an activity abruptly, which infringed the personal rights of C1. LPA gave resources to assist staff on methods on how to redirect children. The following deficiency listed on the attached LIC 809 (deficiency page) are being cited in accordance with California Code of Regulations Title 22. Deficiency that are being cited need to be cleared to protect the children\342\200\231s health & safety. Type A - A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled children for the next 12 months (1 year). The Acknowledgement form must be maintained in each child\342\200\231s file immediately upon receipt from parent. Site Supervisor was provided with a copy of the parent Acknowledgement of Receipt of Licensing Reports Form during this visit. Notice of site visit was given to the Site Supervisor and must remain posted for 30 days. Exit interview conducted and report was reviewed with the Site Supervisor, Christine Garcia.