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32 | Pertaining to the allegation that staff hit a child in care, during interviews conducted with approximately (6) staff and (8) day care children, a staff witness, Child #7, and Child #9 confirmed information regarding Staff #1 violating a child’s personal rights on two separate occasions.
This poses an immediate health and safety risk to children in care. Title 22 Regulation Section 101223 Personal Rights states (a) The licensee shall ensure that each child is accorded the following personal rights: (3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature including but not limited to interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.
Regarding to the allegation of parent wasn’t let into facility, interview with the Principal reveal that parent was denied entry into the facility as a COVID 19 safety precautionary measure at this time parents are not entering facility. Interviews with ten (10) day care parents confirm that parents are denied entry and are not allowed to enter the facility due to COVID.
Based on LPAs interviews which were conducted, and record reviews, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. California Code of Regulations, Title 22, Division 12, Chapter 1, the following deficiencies are being cited (see attached 9099D).
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