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Pertaining to the allegation: Staff did not intervene in inappropriate interactions between children in care, during interviews conducted with facility staff and children, multiple disclosures concur that Child #1 was repeatedly injured by Child #2 during outside playtime on the playground in the afternoon on 3/24/2021 while Staff #5 was present. Child #2 was throwing and kicking a ball multiple times at Child #1 while Staff #5 was sitting on a bench, observing incident, and did not intervene. Per Staff #5, “I pulled Child #1 over because Child #1 was crying and upset.” Staff #5 stated asked Child #2 to “Stop,” but Child #2 continued throwing and kicking a ball at Child #1. During interview with Staff #5, LPA asked how many times injury occurred to Child #1 by Child #2, and Staff #5 stated, “Several, I didn't count. Child #2 continued kicking or throwing the ball at Child #1.” Staff #5 did nothing to stop injury from continuing to occur.
Pertaining to the allegations: Staff did not properly supervise children in care and Day care child caused injury to other child in care. Multiple disclosures were made by witnessing children that during outside play, in the afternoon, on the playground, Staff #5 sat on a bench and watched as Child #2 threw and kicked a ball at Child #1. Corroborating statements were made that Staff #5 “did nothing” while incident was taking place between Child #1 and Child #2. Although Staff #5 was visually supervising, due to Staff #5 not intervening, Child #1 received several injuries from Child #2. Staff #5 admitted to sitting on a bench, allowing Child #2 to throw and kick a ball at Child #1. Staff stated, “Matthew was throwing and kicking the ball from the neck down of Child #1. One time, I saw Child #2 kick the ball at Child #1’s back.” Staff #5 stated, “I would tell Child #2 to stop. He wouldn't stop.” During interview with Staff #5, LPA asked if behavior stopped and Staff #5 stated, “No, Child #2 continued kicking or throwing the ball at Child #1.”
Based on interviews conducted, photographs collected, and record review, the preponderance of evidence standard has been met, therefore the above allegations are found to be Substantiated. A finding of Substantiated means that the allegations have been found to be valid because the preponderance of the evidence standard has been met. California Code of Regulations, Title 22, Division 12, Chapter 1, the following deficiency is being cited (see attached 9099D).
Upon receipt of this report, the licensee shall post ANY licensing report documenting a type “A” citation. This must remain posted for 30 days during hours of operation. In addition to posting this report, the licensee will also provide copies to the parents of the children in care for up to one year. LPA provided LIC 9224 form. |