complaint·July 30, 2021

Additional interviews were conducted by LPA Razo via phone with Reporting Party on 5/14/2021, co-complainant on 5/14/2021, and 4 parents on 7/16/2021. LPA obtained copy of staff roster, children's roster, parent handbook, center Incident Reports regarding biting, and topical medication consent form. According to the allegation, day-care child was bit by another child in care. Specifically, the allegation is about C5 being bitten on upper left arm by another child on 4/13/2021. LPA reviewed the center’s internal incident reports. It was indicated that C4 had bitten C5 on 4/13/2021 on left hand wrist area. There are two other incident reports involving C4 biting on 4/12/2021 and 5/18/2021. Various interviews have indicated there were several incidents wherein children were bitten in two year old classroom. According to Director Rosales, they have procedures on how to handle biting such as shadowing the child who bites, redirecting, notifying the parents in order to monitor their child at home, meeting with the parents and if not corrected, possible dis-enrollment. Per Director, the biting protocol is in the facility Parent Handbook. LPA reviewed and verified the Director’s statement. Based on interviews and record reviews, the preponderance of the evidence standard has been met, therefore the above allegation is found to be substantiated. California Code of Regulations, Title 22, Division 12, Chapter 1, Article 6 is being cited on the attached LIC9099-D. The notice of site visit was posted where the parents/guardians enter and exit the facility. The notice of site visit shall remain posted for 30 consecutive days. Failure to maintain posting as required will result in a $100.00 civil penalty. Exit interview was conducted with Director Rosales and Appeal Rights (LIC9058) were explained. A copy of the Director’s appeal rights, and the report were provided during this visit. Page 2 of 2 LPA obtained copy of staff roster, children's roster, parent handbook, center Incident Reports regarding biting, and topical medication consent form. According to the allegation, child's need was not met. Specifically, teacher is not applying ointment when changing diapers per instruction given upon enrollment. Various interviews have indicated that C5’s responsible party have provided consent to apply topical ointment with diaper change. LPA reviewed and confirmed that there were two Topical Medication Authorization dated 3/12/2021 for C5 with instruction. According to interviews, there were two occasions when C5 were observed with rashes. However, there were no disclosures from staff to indicate that they did not apply the ointment. Per interviews, C5 has a sensitive skin and no other child was observed with rashes. Four out of four (4/4) parents interviewed did not indicate any concerns regarding the staff or facility. Based on interviews, observation and information gathered, there were no supporting evidence to validate the allegation. Although the allegation 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 allegation is unsubstantiated at this time. No deficiency was cited under California Code of Regulations Title 22, Division 12 for this allegation at this time. The notice of site visit was posted where the parents/guardians enter and exit the facility. The notice of site visit shall remain posted for 30 consecutive days. Failure to maintain posting as required will result in a $100.00 civil penalty. Exit interview was conducted with Director and Appeal Rights (LIC9058) were explained. A copy of the Licensee’s appeal rights, and this report were provided during this visit. Page 2 of 2