complaint·March 3, 2022

Per interviews conducted and information gathered, the investigation revealed the following: On 12/1/2021, around 3:50PM, Child #1 (C1) and classmates were playing on the playground. The playground consists of a small Jungle Gym, sandbox area and there are small cars the children can ride in. The ground around the Jungle Gym is covered in wood chips/shavings. According to staff there were four teachers present on the playground with approximately 10 \342\200\223 12 children from two different classrooms. This is well within the staff/teacher to student ratio required for supervision. C1 was walking down the stairs from the Jungle Gym and when C1 got to the 2nd to last step, C1 tripped and fell backwards to the ground covered in wood chips. This was witnessed by Teacher #1 (T1) who was standing on the sidewalk in between the sandbox and Jungle Gym approximately 15 \342\200\223 20\342\200\231 feet away. T1 said C1 landed on C1's back and kept their head up and did not hit their head on the ground. T1 rushed to C1 who was crying and immediately assessed for injuries. T1 did not see any visible injuries or marks, so T1 picked C1 up and took C1 to assigned Teacher #2 (T2). T2 was holding C1 and brushing the wood chips from C1's clothing when C1's Grandmother, arrived. T2 told Grandmother what happened, and the Grandmother took C1 and left the daycare. At the time C1 left, staff were unaware of what extent or if any injuries were sustained by C1. When C1 got home, C1 was complaining of pain and the Father observed swelling near the left elbow. Over the course of three days, 12/1/21 \342\200\223 12/4/21, Father took C1 to three separate hospitals to have the arm evaluated (Tri-City Medical Center, 8-2-8 Urgent Care and Rady Children\342\200\231s Hospital). It was reported in the complaint that C1 suffered a fractured elbow, but all the hospitals C1 visited diagnosed C1's injury as a soft tissue injury with no presence of a broken bone or fracture. C1 developed an infection from the injury for which antibiotics were given and C1's elbow was drained of fluid. (Continued on an LIC-9099-C) During the investigation, no evidence of Neglect/Lack of Care and Supervision resulted in C1\342\200\231s elbow injury. In addition, there was adequate supervision during C1\342\200\231s accident and staff responded quickly to assess for injuries. C1's Grandmother who is on C1's contact list was immediately notified of C1\342\200\231s accident. On 11/30/2021, C1 tried to climb in a car who a peer was already on and that peer reacted by biting on C1's right arm. The incident was documented and parents were notified. Interview conducted with the Director and Teacher #3 (T3), who was the teacher that spoke to the Father of C1 when the incident occurred, revealed when they have any child who bites more than once they notify the parent and conduct an observation while the child is in the class to determine the cause of the biting. Once they identify what is causing the biting, they document the observation and put strategies in place to assist teachers. If the strategies are not effective they contact a Behavioral Specialist for intervention. Per interviews, biting is not ignored and addressed immediately. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are Unsubstantiated. Exit interview was conducted. Appeal rights were discussed and provided along with a copy of this report to the Director on this date. A copy of this must be made available to the public upon request for the next 3 years. The Notice of Site Visit (LIC 9213) was posted where the parent/guardian of children enter and exit the facility. The Notice of Site Visit (LIC 9213) must remain posted for 30 days during the hours of operation after each site visit by a licensing representative. Failure to maintain posting as required will result in a civil penalty of $100.00.