complaint·March 3, 2023

On or about 01/10/2023, there was an incident in the Preschool 2 classroom alleging a child was pinched by a staff. It was reported that a staff asked one of the daycare children to pick up something and the staff member got frustrated when the child refused, which resulted in the staff allegedly pinching the child on the right shoulder. It was also reported that this staff has a “history of being aggressive towards the children”. During child(ren) interview(s), there were multiple disclosures, including statements that the subject staff “pinches” them. When mentioning the subject staff during one of the children’s interviews, the child said the subject staff is “a mean teacher” and is “the one who pinched me”. Another interview disclosed that the subject staff’s pinch “hurted a lot” and that “she did it a million times”. The subject staff admitted to "accidentally" pinching children when they “grab a child’s wrist and pulls them towards” themselves. The subject staff stated that they grabbed a child’s left wrist on or about 01/10/2023, and “could have accidentally pinched” them. According to the subject staff, they do not remember grabbing the child from their shoulder. Whether or not the pinch was intentional or not, based on evidence obtained from multiple children disclosing “pinching” incidents during different times, by the same subject staff, there is a preponderance of evidence to support a personal rights violation. During staff interviews, it was disclosed that the subject staff has been “aggressive” towards daycare children on other occasions, as well. It was also disclosed that the subject staff could get a little “heavy handed” when they are pushing children’s chairs in. It was also shared that prior to the 03/01/2023 complaint inspection, the subject staff had already been provided coaching and/or training regarding them not physically redirecting the children. Subject staff had signed "The Learning Experience Policy for Child Guidance, Discipline, and Classroom Management". The policy included: "Under no circumstances is any kind of abuse, corporal punishment, deprivation or ridicule used as a form of discipline. Children are not subject to discipline which is severe, humiliating, or frightening; nor discipline associated with food, rest or toileting. Employees are trained in distinctive techniques: redirection, which is an appropriate response to children who need to refocus their attention and distraction, which is used to prevent potential conflict. Redirection should occur immediately following any inappropriate behavior." Furthermore, on 03/01/2023, while LPA Sharma was at the facility conducting interviews pertaining to this investigation, it was disclosed that the subject staff pinched another child on the same day of the complaint inspection. During staff interviews, it was disclosed that a child was crying, when a teacher asked the child what was wrong, the child said they had been pinched by the subject staff. Upon further investigation, the subject staff shared that during cleanup, they were stopping one child from hitting another and “blocked” the child’s hand, “held” their wrist and “may have accidentally pinched” the child due to them “having nails now”. During a follow up interview, subject staff also indicated that they thought to themselves “man, she’s going to tell” the other teacher in the classroom “that I pinched” them and “this is going to happen again”. Based on interviews and upon subject staff’s own admission of “accidentally” pinching multiple daycare child(ren), this allegation is SUBSTANTIATED. Based on LPAs observations, interviews and additional information received, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations (Title 22, Division 12), are being cited on the attached LIC9099D. LPA Sharma informed the licensee that this report documents one Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety or personal rights of children in care. Also, LPA Sharma informed the licensee to provide a copy of this licensing report dated 03/03/2023 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 (LIC9224), or other written statement, must be placed in the children's file for verification. Appeal rights were issued and discussed with both, the director, Shannon Garcia and assistant director, Heather Burr and their signature on this form acknowledges receipt of these rights. An exit interview was also conducted and a copy of this report must be made available to the public upon request for three years. A Notice of Site was printed and must remain posted for 30 consecutive days.