complaint·July 29, 2022

Some children were not verbal, too young to interview, or did not qualify to be interviewed. CD’s statement confirmed she was aware of two separate incidents that occurred on the playground on 04/15/22 and 04/18/22 which involved C1 interacting inappropriately with C2 and C1 placed bark down another child’s (C3) pants. CD further claimed that staff did not witness and was unaware of the incident on 04/15/22 until C3’s parents brought the incident to the facility’s attention, although according to one interview, staff was informed of the incident and provided direction to the child. Furthermore, the staff present during the 04/15/22 incident did not produce or provide the parent(s)/authorized representative(s) of the children involved in the incident(s) with a written incident report. Statements provided by AD, S1, P2 & P3 corroborated all stated incidents involving C1. P2 & P3 stated the facility did not report the occurrence of both incident(s). P2 felt the incident occurred as a result of a lack of supervision while P3 stated that after she obtained knowledge of the incident, she notified the staff on duty of the incident at which time, the staff claimed she did not witness the incident. According to staff interviews, children were always playing with the bark and throwing it requiring staff to provide ongoing supervision. Also, staff are expected rotate or circle around the yard to cover the corners so they could better view the areas and ensure children are not behind trees or hiding under the slide. On 04/19/22 and 04/20/22, the facility submitted two UIRs which documented the incidents on 04/15/22 and 04/18/22, and on 04/28/22, the facility submitted four incident reports ranging from 08/20/21 through 06/29/22 which documented C1 wrestled with another child over a toy, resulting in C1 putting hands around C4’s neck and choked C4 and another incident regarding C4 getting upset and grabbing another child by the shoulder; close to the neck. Based on this investigation, the preponderance of evidence standard has been met, therefore the above allegation(s) are found to be SUBSTANTIATED. The facility did not comply with Personal Rights of California Code of Regulations (CCR) 101223(a)(2) & reporting requirements of CCR 101212(f) were previously cited within a 12-month period, therefore, two civil penalties of $250 each are being assessed for a repeat Civil Penalty. Exit interview conducted, and report was reviewed with the Center Director. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. California Code of Regulations, Title 22, Division 12 & Chapter 01, Article 06, are being cited on the attached LIC 9099D. Appeal Rights were provided. CD’s statement confirmed that in February 2022, another child (C6) bit C1 on the thigh which left a visible bruise. This incident was incorporated in a prior investigation that resulted in a citation issued on 03/23/22, which was addressed and cleared. Statements provided by AD and S1 also confirmed that in February or March 2022, C6 bit C1 on the right thigh as described by CD but that the facility hired more qualified staff to provide support and increased supervision to children who exhibited biting behavior(s) in the classroom, resulting in a reduction of biting incidents after 03/23/22. Three statements provided by parents did not have concerns or report any recent biting incident(s) that occurred as a result of lack of supervision. Based on this investigation, although there have been a few recent biting incidents, there is not a preponderance of evidence to show there is a lack of supervision or that C1 sustained a recent biting occurrence. Therefore, the allegation is unsubstantiated. Exit interview conducted, and report was reviewed with the Center Director. A notice of site visit was given and must remain posted for 30 days. There were no California Code of Regulations, Title 22, Division 12, Chapter 1, Article 06 violation(s) cited during this visit. Appeal Rights were provided.