complaint·December 14, 2022

It was determined the UIR submitted on 11/11/2022 corroborated persons of interest and alleged events surrounding this complaint. LPA was informed by Director the Facility had conducted its own investigation pertaining to the submission of the UIR. Director stated the Facility reviewed surveillance video which corroborated the alleged incident had occurred. At time of this visit, LPA and Director met with Facility District Manager virtually via Zoom meeting from the Director’s computer located in the Facility’s front office. LPA reviewed and observed the surveillance video multiple times and discussed its events with Facility Management. LPA observed a Staff Member sitting in a chair with children present sitting in a circle formation around them. LPA observed a child rolling around on the floor and laid on their back, pushing themselves across the floor within the circle of children. At this time, staff was seated in the chair observing the child scoot across the floor. Staff then stands up from their chair, bends at the waist, and reaches down to the child, who was laying on their back on the floor. Staff is observed grabbing the child’s left arm just above the elbow with their left hand. Staff is observed lifting the child from the floor by the left arm. Staff places their right hand flat against the child’s back as they lift them up off the floor. LPA observed staff lift the child up high enough the child’s legs were no longer touching the floor. Staff then turns while holding the child by the arm and places the child the chair staff was initially sitting in. It was reported the child sustained bruising to the left arm as a result of the above noted incident. In addition to reviewing the surveillance footage, LPA obtained a full-page color photograph of the Child’s left arm. LPA observed a large bruise just above the elbow of the Child’s left arm. LPA was able to corroborate the bruising was located in the same location of the left arm where Staff had grabbed the child. Based on LPAs observations, interviews conducted, and records reviewed/obtained, the preponderance of evidence standard has been met, therefore the above allegations, Staff inappropriately grabs day care children while in care and Staff caused injuries to a day care child while in care, are found to be SUBSTANTIATED. Please see attached LIC9099D for Type A deficiency cited. A Civil Penalty of $500 will be assessed during this investigation for a violation of Personal Rights. Payment is due when billed and the check(s) or money orders shall be made payable to the “California Department of Social Services”. YOU WILL RECEIVE AN INVOICE IN THE MAIL. DO NOT SEND MONEY UNTIL YOU RECEIVE YOUR INVOICE. DO NOT SEND CASH. An exit interview was conducted, A copy of this report and appeal rights were given to the Director during this inspection on 12/14/2022. LPA issued a Notice of Site Visit and verified it was posted in a prominent location at the facility. Director understands that the Notice of Site Visit must remain posted for the next 30 days along with a copy of all Type A deficiencies cited during this inspection. A copy of all Type A deficiencies cited during this inspection must also be immediately (within 24 hours of child’s next day in care) given to the parents of all children enrolled in the child care facility and any children enrolled into the child care facility over the next 12 months (at the time of enrollment). Licensees are required to have all parents sign and date the Acknowledgement of Receipt of Licensing Reports (LIC9224) and maintain a copy in each child’s file. A copy of this report, LIC9224 and Appeal Rights (LIC9058) were provided during this inspection. On 11/14/2022, Licensing received a complaint pertaining to the above listed allegation. LPA Giese made an unannounced visit to the facility on 11/16/2022 to initiate the complaint investigation. At time of visit, LPA met with Facility Director, discussed the purpose of visit, and pending allegation. Due to inefficient information, more time was needed to conclude the investigation. On 12/06/22, LPA Giese conducted a subsequent unannounced visit to the Facility for the purpose of reviewing documents and conducting additional interviews with staff. Through the course of this investigation, LPA interviewed a total of four staff members, regarding the Facility’s policy on communicating with parent/guardians. According to all staff interviewed, the facility will utilize the app “Sprout About” for general communication with parent/guardians. Staff stated children’s personal information is not discussed via the app. If a parent/guardian requests to discuss such matters, staff will make arrangements with facility management to maintain classroom supervision/ratios and discuss personal information away from the classroom setting and other children. Conversations are conducted in the office or lobby area in the presence of facility management. Based on statements made from individuals interviewed, LPA recorded conflicting information from what is being alleged. Although the allegation may have happened, or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur; therefore, the allegation, Staff spoke inappropriately while day care children are present, is UNSUBSTANTIATED. An exit interview was conducted, A copy of this report and appeal rights were given Director, Claudia Gonzalez during this inspection on 12/14/2022. A notice of site visit was given and must remain posted for 30 days.