Incident investigation·April 23, 2021

Licensing Program Analyst (LPA) Amy Strother conducted an unannounced case management Tele-Inspection with Teacher, Liliana Lara Lopez (S3) in response to an Unusual Incident/Injury notification reported by telephone to the department on 04/16/21. Due to COVID-19, the Department has suspended all field operations. S3 agreed to a FaceTime conference with LPA for the Tele-Inspection. On 04/16/21 Licensee Jeanette Boehm (L1) reported by telephone to the Child Care On Duty Officer that L1 terminated Staff 1's (S1’s) employment due to S1 "smacking Child 1’s (C1’s) right arm and leaving a red mark." L1 stated that she was present at the center but was not in the classroom when the incident occurred. L1 stated that teacher's aide, Staff 2 (S2) was present in the classroom with S1 when the incident occurred but did not observe S1 smack C1's arm due to her back being turned. L1 stated that C1 began crying and when asked by S2 why they were crying, C1 replied that S1 smacked their arm. L1 stated that the incident was caught on the facility's security camera. L1 stated that the incident occurred between 9:09am and 9:11am on 04/16/21. L1 stated that it appeared that S1 "smacked the child's arm because he wanted the child to stop running by him." On 04/19/21 L1 cross reported the incident to CCLD and CPS, including a photo of C1’s arm and video footage, as directed by the Department. A written Unusual Incident Report was received by the Department on 04/23/21. During today's tele-visit, LPA observed 3 staff in the toddler room with 7 toddler age children. S3 stated that the toddler room was the only classroom in operation during today's tele-inpection. LPA conducted interviews with S2 and S3. The following violation of the California Code of Regulations, Title 22; Division 12, were cited: see LIC 809-D. Appeal Rights were provided. Reports citing Type A violations are to be provided to parents/guardians of children currently enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC 9224 to be kept in each child's file.