complaint·August 5, 2024

Page 9099C Complainant stated a child suffered a broken elbow due to a fall and none of the staff observed how the child fell until the child cried. Information obtained from staff interviews and staff statements showed that no staff observed the incident. Staff #5 (S5) stated staff was looking around watching the children when S5 saw Child #6 (C6) on the ground lying on their stomach and started to cry. Staff did not observe the fall or know what had happened, however, staff noticed when C6 sat up was holding their left arm. C6 appeared to have an injury, so S5 called Staff #4 (S4) over to help take care of C6 so that S5 could continue watching the rest of the kids. S4 stated that staff S4 was on the playground around 4:45pm when S5 called to assist with a child, who had fallen off the second step of the play structure. S4 observed that C6 had woodchips on and the way C6 was holding their left arm, it looked injured, and was crying. S4 brushed off some of the woodchips while talking to C6 to find out what hurt and what had happened. Friends on the playground confirmed C6 had fallen, no one had pushed them. S4 took the child to the office to apply ice, further observations, and notified the mother of the incident. On 7/01/2024, LPA called ten parents requesting an interview. Two parents were reached. The parents interviewed did not express any concerns related to the allegation and did not provide any information that could corroborate the allegation. The rest of the parents did not respond to the Department\342\200\231s request for an interview. LPA interviewed five children. The children did not disclose any pertinent information regarding the allegation of this complaint. During the inspection on 06/18/2024, LPA Nguyen reviewed video footage with Director, Melida Toscano and Facility Technician. Director stated C6 fell off the second step of the play structure. C6 was crying and S5 ran over to check on C6. S5 was positioned where staff could see most of the children, but didn\342\200\231t see C6 fall, S5 went over within 4 seconds of the fall, 10 seconds later S4 came over to help the child and took the child to the office. Page 2 of 3 Based on the information gathered from LPA\342\200\231s interviews with 4 staff members, 5 preschool children, review of video footage, one staff statement, parent handbook, and the incident report, it has been determined that the staff didn't observe the incident. The preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Section 101229(a) Responsibility for Providing Care and Supervision is being cited on the attached LIC 809D. Exit interview was conducted with Director, Melida Toscano. Notice of Site Visit was posted during the visit. Director was informed that the notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. Director was provided a copy of their appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First level appeals should be sent to the regional manager to the address listed above. Page 3 of 3