complaint·July 25, 2022

LPA observed one crib that had three swaddle blankets/sleep sacks hanging on the side, as well as a blanket hanging on the side and a blanket inside the crib. LPA observed another swaddle blanket/sleep sack on the floor and a boppy pillow hanging over the sides of two cribs that were butted up against each other. LPA observed another crib that had a blanket hanging over the side. An interview revealed that staff are using the wraps on infants when placing them in the crib for naps. Interview and record review also revealed that staff are not documenting the 15-minute sleep checks of napping infants. Based on interviews, observations and record review, the preponderance of evidence standard has been met. The department has determined the allegation facility is not practicing safe sleep is substantiated. The facility is being cited for violation of Child Care Center Title 22 Regulation Section 101429 (a)(2)(B) Responsibility for Providing Care & Supervision for Infants and 101430 (a)(3)(C) Infant care Activities. An exit interview was conducted and a copy of this report, LIC 811 and appeal rights were discussed and provided to Director Maria Hernandez. A Notice of Site Visit was also provided and must remain posted for 30 days. Record review revealed C1 attended the CCC on 5/12/2022 from approximately 8 am to 3:30 pm. It was revealed that on 5/12/2022, C1 woke from a nap at CCC fussier than usual and staff informed C1’s parent. Upon C1 being picked up from the CCC, staff noticed that C1’s ears were red, however, no bruising on C1’s ears were observed at that time. Interviews further revealed due to C1’s fair complexion, it was not unusual for C1’s face and ears to be red due to being outside or crying. Confidential interviews with staff revealed that C1 did not have any accidents or incidents which would have caused injury or bruising to C1’s ears. Record review revealed that throughout the night of 5/12/2022 C1 was fussy, pulled on their ear and would not let anyone touch their ear. On the morning of 5/13/2022, the bruising on C1’s ears developed. Review of C1’s medical report revealed ear bruises are uncommon accidental injuries and highly specific to inflicted injury, often related to pinching, pulling or twisting of the ear and that accidental falls very rarely causes trauma to the ear. The medical report further revealed it is likely that C1’s injury occurred at the daycare, however, could not exclude the possibility the injury could have occurred elsewhere. The interview with CSW revealed it was not believed that C1’s injury was sustained at C1’s home. An additional interview with a medical professional further revealed a time frame could not be provided of how long it would take bruising to appear once the injury occurred to the area. Based on conflicting information obtained in the confidential interviews and record review, C1 did sustain injuries, however, there is a lack of evidence and information to determine where, how or by whom C1’s injuries were sustained. Therefore, the above allegation is unsubstantiated. A copy of this report, LIC 811 and appeal rights were explained and provided to Maria Hernandez.