complaint·March 21, 2025

In regard to the allegation of staff not properly securing an infant in the highchair, it was stated that the normal procedure for feeding infants in a highchair is always providing supervision in order to watch out for choking. During the course of the investigation, it was revealed that an incident occurred at the facility where a 2-month-old infant was seated in a highchair. Further, it was revealed that the infant in the highchair was too small for the highchair and there was not enough neck support available for the child, due to their size. Pertinent interviews revealed that this incident was observed by the child’s parent/authorized representative, where they immediately intervened. The position of the child was described as “the baby’s head was tilted to one side and there was no support”. During the course of the investigation, LPA observed the highchair that the 2-month-old infant was seated on. Title 22 Regulation 101223 (a) (2) (Personal Rights) states that the licensee shall ensure that each child is accorded the following personal rights: To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs. Pertinent interviews disclosed that the facility failed to satisfy this regulation. In regard to the allegation of staff allowing an infant to fall asleep on the floor, it was stated that infants are usually picked up right before they fall asleep if they are on the floor. However, during the course of the investigation, it was revealed that there was a time where an infant fell asleep on the floor and was not immediately picked up by a staff member and placed into their crib. It was reported that there was a total of 2 teachers present at the time of this incident and that both teachers were occupied with other infant care tasks. Pertinent interviews disclosed that both teachers were aware that the infant was falling asleep on the floor. However, it was also disclosed that both teachers had told each other to pick the infant that was falling asleep up, because they were both preoccupied. It was also disclosed that the infant was eventually picked up and placed in their crib by a teacher. Title 22 Regulation 101430 (E) (Infant Care Activities) states that if an infant falls asleep before being placed in a crib, staff shall move the infant to a crib as soon as possible. Pertinent interviews disclosed that the facility failed to satisfy this regulation. Based on interviews of pertinent individuals that were conducted, and a review of additional pertinent information obtained, the preponderance of evidence standard has been met, therefore the above allegations are found to be Substantiated. LPA informed Director and Assistant Director that this report dated 03/21/2025 documents two Type A citations which shall be posted for 30 consecutive days as there was an immediate risk to the health, safety, or personal rights of children in care. Also, LPA informed the Director and Assistant Director to provide a copy of this licensing report dated 03/21/2025 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. An exit interview was conducted with the Assistant Director, Appeal Rights were discussed and issued, a copy of this report was provided, and a Notice of Site Visit (LIC 9213) was issued. The Notice of Site Visit shall be posted where the parent/guardian of children enter and exit the facility. The Notice of Site Visit must remain posted for 30 consecutive days. Failure to maintain posting as required will result in a civil penalty of $100.00. Report was also left for Director Shannon Garcia. A copy of this report must be made available for the next three years. See LIC 9099-D for cited deficiencies. Throughout the course of the investigation, the Department has received conflicting statements for all four allegations. Further, the Department has received multiples instances of hearsay from several pertinent interviews that were conducted. This agency has investigated the complaint regarding the above allegations. Based on the interviews conducted and documentation collected, the allegations are UNSUBSTANTIATED. A finding of unsubstantiated means, although the allegations may have happened, or are valid, there is not a preponderance of the evidence to prove the allegations occurred. A notice of site visit was given and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Exit interview conducted and report was reviewed with Heather Burr, Assistant Director. Report was left for Director Shanon Garcia. In regard to staff handled infant(s) in a rough manner, it was reported that a staff member was lifting the infants up by one wrist", "yanking them by the arm", and "pulling them across the floor by one arm". It was also reported that a staff regularly drops infants on the ground from about a 2-foot distance and they land on their bottoms and cry. Pertinent interviews denied the allegations of handling infants in a rough manner, as previously mentioned. Other pertinent interviews were able to provide hearsay, but no one else was able to state that they witnessed the allegations occur. Due to young age and lack of communication, child interviews were not able to be conducted during this complaint investigation. In regard to staff spoke inappropriately to infant(s), it was reported that a staff member has said things like “you’re such a jerk”, “bald headed brat”, and “get over yourself, you’re fine”. Pertinent interviews denied the allegations of speaking inappropriately to infants, as previously mentioned. Other pertinent interviews were able to provide hearsay, but no one else was able to state that they witnessed the allegations occur. Due to young age and lack of communication, child interviews were not able to be conducted during this complaint investigation. In regard to staff not ensuring disinfectant was inaccessible to infant(s), it was reported that a staff member uses a bleach bottle to clean the highchairs and then leaves it on the edge of the counter where the toddlers can grab it. Pertinent interviews denied the allegation. Several other pertinent interviews disclosed that they have not seen any disinfectants or other cleaning supplies accessible to infants in care. In regard to staff forced an infant to eat, it was reported that a staff member was “hurt” that an infant didn’t want to eat, so they kept trying to force a spoonful of food into the infant’s closed lips. Pertinent interviews denied the allegation. Several other pertinent interviews disclosed that they have not heard or seen this allegation take place. Due to young age and lack of communication, child interviews were not able to be conducted during this complaint investigation. Continued on LIC 9099-C.