complaint·December 4, 2024

On 12/03/2024, Licensing received a complaint pertaining to the above listed allegation. LPA Giese made an unannounced visit to the facility on 12/04/2024 to initiate this complaint investigation. At time of visit, LPA met with Facility Director, discussed the purpose of visit, and pending allegation. It was determined the UIR submitted on 11/26/2024 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 reviewed and observed the surveillance video multiple times and discussed its events with Facility Management. The surveillance video shows a child in care begin to remove their short sleeve tee-shirt. The child\342\200\231s back is shown to the available camera angle. The child pulls their shirt up over their head with their arms pointed upwards. A staff member intervenes by walking to the child, dropping down to their knees at the child\342\200\231s level and begins to assist the child by pulling their shirt back down over their head. Staff is observed assisting the child place their arms back into their sleeves. After successfully getting the child\342\200\231s shirt back on their body, staff is observed grabbing the child\342\200\231s arms and lowering them down to the child\342\200\231s sides, Staff maintains hold of the child\342\200\231s wrists and begins speaking to them, face to face. The child begins to move and break free from the Staff\342\200\231s grasp, the child attempts to pull away and abruptly drops themselves to the floor. Staff maintains their grasp of the child\342\200\231s wrists and abruptly pulls the child upwards back to their feet, lifting the Child\342\200\231s arms to a fully extended/locked position above their head. The child is observed to be crying and attempting to evade the Staff member. The staff releases their grasp of the child and then reaches out and grabs the child by the arms above the elbows, Staff straightens the child\342\200\231s posture, turns the child to face them and begins talking to the child again, whilst holding on to their arms. Staff repositions their hands and places them low on the child\342\200\231s hips, the child is observed to be crying, grasping their right forearm with their left hand. It was reported the child sustained a fracture in their right forearm from the noted incident. In addition to reviewing the surveillance footage, LPA obtained pertinent documents which corroborate the child\342\200\231s injury and medical diagnosis. Based on LPAs observations, interviews conducted, and records reviewed/obtained, the preponderance of evidence standard has been met, therefore the above allegation, Staff injured daycare child, 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 \342\200\234California Department of Social Services\342\200\235. 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 12/04/2024. 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\342\200\231s 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\342\200\231s file. A copy of this report, LIC9224 and Appeal Rights (LIC9058) were provided during this inspection.