complaint·May 10, 2023

On 02/14/23 C1 was seen at Kaiser Permanente, medical records reviewed show that the medical professional observed bruises on C1’s arm in a “strange location…appear to be 3 small circles, possible fingers.” Review of video footage did not reveal clear evidence of an injury to C1 or any other child in care. Although C1 may have sustained injuries in the form of bruising while in care and interview and record review corroborate that C1 did have bruises on their arm, based on information gathered, there is not a preponderance of evidence to support the injuries occurred due to a staff causing the injury to C1. Based on interviews conducted and records reviewed, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that an alleged violation occurred, therefore the allegation is UNSUBSTANTIATED. This report was reviewed and discussed with facility representative, Center Director, Melissa Terhune. Appeal Rights were provided. Notice of Site Visit shall be posted for 30 days from today's visit. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. During interview S2 stated that on 02/13/23 or 02/14/23 S1 was heard saying to child C2, “You’ve been irritating my soul this week because you’re not listening.” S2 stated that although they could not provide specific dates, they have observed S1 grabbing the wrist of children when they run away or to pull them up from the floor on more than one occasion. S3 stated that on more than one occasion they have heard S1 yelling at the children, things like, “Clean that up.”, “Sit down.” or “Don’t do that.”, yelling from across the room in a voice that sounded angry. S3 stated that they have observed S1 pull up children from the floor by the wrist when they are not listening. During interview, S4 stated that they have heard S1 yelling on more than one occasion, sounding frustrated, yelling “Lay down.” and often directed to child C1. S4 stated that they have not witnesses a child being handled roughly by staff. S5 stated during interview that they could hear S1 yell at children from the neighboring classroom stating the child’s name, and then, “be quiet” or “sit down”. S5 stated that they have witnessed S1 put their arms around C3 trying to get them to calm down and preventing them from getting away, which they feel was rough handling. A review of video footage shows S1 speaking to children on 02/07/23 at 12:04pm in a manner that is not respectful, specifically when a child (name unknown) says “Can I have some more apple sauce please?” as S1 is putting ketchup on another child’s plate. S1 replies, “No, no you cannot. (S1 shakes her head side to side) Until you learn to raise your hand you cannot have anything." In the footage prior to the child asking for more applesauce it was observed that the child did have their hand up while S1 was communicating to another child, then held their raised hand with their other hand above their head, then puts their hand down, then asks the question, “Can I have some more apple sauce please?” to get S1’s attention. In another video segment on 02/07/23 at 9:54am S1 stands above a child, shouting, “Why did you kick him?”, three times in a row. On 02/07/23 at 10:13am S1 is heard stating “Oh God, why are you crying now?” On 02/07/23 at 9:02am S1 calls “Child’s name, (C2) come here”, then continues talking to the circle of children. Next S1 is heard phonetically stating child’s (C4) name in a stern tone and appears to be looking across the room. S1 then says, “C2 come here.”, again. C2 moves their body close to S1. S1 grabs onto C2’s left hand or wrist (it isn’t clear) and pulls them down to sit. C2 can no longer be seen on the footage. Based on interviews conducted and records reviewed there is a preponderance of evidence to show that on more than one occasion S1 yelled or spoke in a disrespectful manner at C1 or other children in care and handled C1 or other children in care in a rough manner, therefore the allegations are substantiated. Continue on LIC9099-C (2) The following violation of the California Code of Regulations, Title 22; Division 12, were observed: see LIC 809D. Appeal Rights were provided. Exit interview conducted, and report was reviewed with facility representative, Center Director, Melissa Terhune. 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. LPA Strother informed facility representative, Center Director, Melissa Terhune that this report dated 05/10/23 documents one Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care. Also, LPA Strother informed Center Director, Melissa Terhune to provide a copy of this licensing report dated 05/10/23 that documents a 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. A previous licensing report was issued on 08/15/2022 giving notice of the same violation, and as such a $250 civil penalty was assessed for a repeat violation within a 12 month period. See LIC421FC.