complaint·September 12, 2022

There were three staff present and statements from staff corroborate the incident occurred. One staff was changing a child’s diaper, another staff was returning from break, and another staff was exiting the classroom. One staff stated, as they were exiting the classroom, they heard a “smack” noise from across the room. Staff stated they turned around, intervened, and separated a child from hitting another child. Another staff stated a child was continuously fanning/swing their arms at another child, striking a child in the face. Staff stated in addition to striking the child in face, the child unintentionally kicked the other child while staff intervened. On 08/05/2022, LPA was provided with an Incident/Accident Report for Parent/Guardian. This document, which was provided to the injured Child’s Parent/Guardian from the facility, stated, “While sitting for circle time another child continuously smacked… then moved onto kicking… once in the leg.” On 08/22/2022, the Director provided the LPA with medical documentation for the injured child which confirmed the child sustained an ankle fracture. Based on LPAs observations, interviews conducted, and records reviewed/obtained, the preponderance of evidence standard has been met, therefore the above allegations, staff did not prevent a day care child from repeatedly harming another day care 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 Responsibility for Providing Care and Supervision. 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. Therefore, due to conflicting information found throughout this investigation this agency has investigated the complaint alleging: Staff did not provide a day care child first aide. 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 is UNSUBSTANTIATED . A NOTICE OF SITE VISIT WAS GIVEN. DIRECTOR WAS INSTRUCTED TO POSTED IT IN A PROMINENT LOCATION AT THE FACILITY. THE DIRECTOR UNDERSTANDS THAT IT MUST REMAIN POSTED FOR THE NEXT 30 DAYS. An exit interview was conducted, A copy of this report and appeal rights were given to the Director during this inspection on 09/12/2022. An exit interview was conducted, A copy of this report and appeal rights were given to the Director during this inspection on 09/12/2022. 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.