Complaint·November 22, 2022

On 11/16/2022 another staff observed the child to still have the bruising on his/her face and again, the child was asked what happened. The child’s response to the previous staff coincided with previous statement made on 11/14/2022 that he/she was slapped at home. The facility reported the incident to the appropriate agency on 11/18/2022 and the reporting party is concerned that the staff waited 5 days to report the abuse. On 11/22/2022. LPA Gutierrez made an unannounced inspection to the facility regarding the allegations of Administrator Qualifications and Duties- Knowledge of and ability to comply with applicable laws and regulations and the requirement to report abuse based on the acknowledgment (LIC 9106). A mandated reporter, who in his or her professional capacity, or within the scope of his or her employment, has knowledge of or observes a person under the age of 18 years whom he or she knows, or reasonably suspects has been the victim of child abuse or neglect must report the suspected incident. The reporter must contact a designated agency immediately or as soon as practically possible by telephone, and shall prepare and send a written report within 36 hours of receiving the information concerning the incident. [PC § 11166(a)] follow-up report by mail, fax, or electronic means within 36 hours of receiving the information about the incident Beginning March 31, 2018, H&S Code 1596.8662 requires all licensed child care providers, administrators, or employees of a licensed child day care facility to complete the mandated reporter training , and to renew the training every two years. During today’s inspection LPA interviewed 2 staff and reviewed facility records for both staff interviewed. On 11/14/2022 The facility Staff #1 observed bruising and the child disclosed stated " that he/she was slapped up by an adult living in their home because he/she was not laying nicely. Staff #2 stated that on 11/15/2022 the child was observed to still have the bruising and when the child was asked what happened the child stated that an adult parent had slapped him/her and Staff #2 asked child if it's ever happened before. The child stated, "Yes". Staff #1 and Staff #2 interviews reveal that they did not understand the time sensitivity of mandated reporter requirement. Staff #1 stated that there was an attempt to contact CPS via phone call to do a verbal report on 11/14/2022 but could not provide LPA with the evidence of the contact. Staff #2 stated that the incident verbally told to he/she about the incident by Staff #1 on 11/14/2022 but did not assess the incident until 11/16/2022. Staff #2 further stated that she reported the incident to Licensing on 11/17/2022 and the then to CPS on 11/18/2022. Page 2 of 3 Records revealed that there was no verbal report made immediately to appropriate agency. On 11/16/2022 The facility Staff #2 observed the child to still have the bruising on his/her face and then again, the child stated to staff that he/she was slapped by an adult living in the home. LPA, Gutierrez reviewed Staff #1 and Staff #2 files during today’s inspection. It was observed that Staff #1 and Staff #2 completed the mandated reporter training and was current prior to the incident on 11/14/2022 and have also signed the Statement Acknowledging Requirement to Report Child Abuse (LIC 9106) for Staff #1 dated 08/24/2020 and Staff #2 dated 04/01/2022. Based on statements and records the allegation of Administrator Duties - that the facility staff did not immediately report child abuse as required is substantiated. The facility staff did not adhere to their mandated reporter obligations of the California law in a timely manner which poses an immediate risk to the children in care. A substantiated finding means that the complaint is substantiated, and the allegation is valid because the preponderance of the evidence standard has been met. The following violations were revealed and are being cited in accordance with California Code of Title 22 Regulation 101215 (b)(2) (5) , 1 Type A deficiency will be cited today. Please refer to attached 9099 (D). LPA, Stella Gutierrez informed the director, Rebekah Bay that this report dated 11/22/2022 document(s) 1 Type A citations which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care. Also, LPA, Stella Gutierrez informed the director to provide a copy of this licensing report dated 11/22/2022 that documents any Type A citations 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. Page 3 of 3