complaint·February 27, 2024

(Page 2) Reporting Party (RP) stated the Director has been notified about the way Staff 6 (S6) and Staff 7 (S7) would treat the children in the infant room. The RP stated S6 and S7 would handle the children in a very rough manner by dragging children by one arm across the floor, physically pushing the children, forcing the children to eat, grabbing the children hard when picking them up, and forcing them to sleep by holding the children down on the sleeping mats. During the investigation LPA Lucero interviewed 8 staff, reviewed video footage received and reviewed the facility roster. No children were interviewed during the investigation due to infants’ age and infants being nonverbal. During staff interviews on 01/03/2024, Staff 1 (S1) stated the discipline policy at the facility is to always redirect, if there is a pattern in behavior, staff have the child sit out by doing another activity. S1 stated being made aware from another staff that S7 had grabbed and relocated a child in a rough manner. S1 stated S7 was talked to and since then, S1 has not observed S7 do anything else. S1 denied being aware or observing staff members forcing children to eat and forcing children to nap. S1 stated hearing staff raise their voices to get the children’s attention but nothing that would be demeaning to the children. Staff 2 (S2) stated how staff discipline is by having the child sit out or be on time out if a child is hitting another child. S2 also stated staff explain to the child why they can't hit other children. S2 stated even though the infants are young, staff like to start the process of explaining why it is wrong to hit their friends. S2 disclosed having observed S7 pull a child roughly who was acting out. S2 denied forcing a child to eat, nap, or speak inappropriately to children and denied ever observing another staff. Staff 3 (S3) stated they discipline by showing the children the right way to do things, such as showing them how to play with toys and to share with other children and by giving reminders to use gentle hands and to be gentle to their friends. S3 denied ever grabbing a child in a rough manner, forcing a child to eat, nap, or speak inappropriately to children and denied ever observing another staff. (Continue to page 3) (Page 3) Staff 4 (S4) stated how they discipline is to soothe the child. If a child is biting, after the 3rd time a phone call is made to the parent. S4 stated they have never put a child in time out for biting due to the fact the infants not knowing they are biting, S4 stated children often bite because they are teething. S4 stated staff give infants a frozen teether for their mouth to soothe their gums. S4 stated with the older infants, if they are throwing a tantrum, staff redirect them with a distraction such as a toy or sometimes by watching the big kids playing outside through the window. S4 denied ever grabbing a child in a rough manner, forcing a child to eat, nap, or speak inappropriately to children and denied ever observing another staff. Staff 5 (S5) stated they discipline by sitting with the child and talking to them and explaining to them why it is wrong what they are doing. S5 denied ever grabbing a child in a rough manner, forcing a child to eat, nap, or speak inappropriately to children and denied ever observing another staff. S6 stated they talk to the children and let them know not to do a certain behavior, and by telling them what is correct and how to correct the behavior. Also, staff let the child relax in a safe place. S6 denied ever grabbing a child in a rough manner, forcing a child to eat, nap, or speak inappropriately to children and denied ever observing another staff. S7 stated there's not much disciplining, but if something happens staff separate the children and give them time to calm down. S7 denied ever grabbing a child in a rough manner, forcing a child to eat, nap, or speak inappropriately to children and denied ever observing another staff. Staff #8 (S8) disclosed observing S7 grabbing Child #1 (C1) in a rough manner. S8 stated S7 pulled C1 by the wrist. S8 observed S7 pull C1 to the time out chair. S8 stated the distance from where S7 and C1 were standing to the time out chair was a couple feet and when C1 was being pulled, C1’s feet were not touching the ground. S8 also reported hearing staff raise their voice telling the children, “Don’t make me put my legs across you”. S8 disclosed observing S7 get very loud and impatient with the children when the children are not listening to S7. S8 also stated at the facility, children are not allowed to get off their cot during nap time and teachers use a firm voice telling the children to stay on their cot. (continue to page 4) (Page 4) S8 also disclosed seeing S7 forcing children to eat. S8 stated observing S7 sticking a bottle in a child’s mouth and saw the child continuously refusing the bottle by moving their head side to side. S8 stated S7 would either give up trying to stick the bottle in the child's mouth or the child would give in. S8 also reported there was an incident when staff were setting up for nap time. S7 was putting out the cots and S8 observed Child #2 (C2) was not getting on the cot causing S7 to get angry, pick up C2 from behind and throw C2 onto the cot hard and fast. S8 reported C2 could have hit their head on the hard plastic cot frame or the wall that the cot was against. S8 stated C2 did not really have a reaction. During the investigation, LPA received video footage. In the video, LPA observed S6 using their left leg to pin down Child #3 (C3) on a cot. C3 is observed moving their legs. S6 continues to keep their leg on top of C3 and pats C3's back for a few seconds. C3 continues to move their legs and S6 picks up the child, one hand grabbing the left arm and the other hand grabbing the left leg and flips the child face down to the opposite side of the cot. S6 repositions C3 so that C3 is lying flat on their stomach. S6 throws both of their legs on top of C3 to pin down C3 and then continues to pat C3’s back. C3 is observed crying and pushing their upper body up. S6 is then observed pushing C3’s head down to the cot. C3 continues to cry and S6 stands up and grabs both of C3’s wrist and pulls up C3 off the cot. RP stated S6 was frustrated C3 did not want to lay down. Based on LPA’s staff interviews and video footage received, it has been determined (1) staff handle children in a rough manner, (2) staff force children to eat while in care, (3) staff force children to take naps while in care, (4) Staff does not ensure children are provided a safe environment while in care, and (5) Staff do not ensure children are spoken to in an appropriate manner. Therefore, the preponderance of evidence standard has been met, therefore the above allegations are found to be Substantiated. California Code of Regulations, Title 22, 101223 (a)(3) Personal Rights is being cited on the attached LIC 9099D. (continue to page 5) (Page 5) LPA Giselle Lucero informed Director Deanne Walkwitz, that this report dated 02/27/2024 documents 1 Type A citation 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 Giselle Lucero informed Director Deanne Walkwitz, to provide a copy of this licensing report dated 02/27/2024 that documents any Type A citation 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. Exit interview conducted and report was reviewed with the Director Deanne Walkwitz. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Appeal Rights were explained. The Licensee was provided a copy of appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. First level appeals should be sent to the regional manager to the address listed above. End of Report.