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Staff 1 attempted to speak to Child 1 and explain that another child wanted to use the tricycle and Child 1 did not want to stop using the toy, therefore Staff 1 removed Child 1 from the tricycle with help from Staff 2.Interviews and records reviewed provided information that Staff 1 personally removed Child 1’s hands from the sit-down roller scooter's handlebars. Staff 1 stated that they gave Child 1 verbal prompts to get off the sit-down roller scooter, but Child 1 continued to stay on the tricycle. Per Staff 1, they waited about two minutes for Child 1 to get off the sit-down roller scooter and then proceeded to pick Child 1 up off the sit-down roller scooter. Per Staff 1, at this time Child 1 continued to grip the handlebars. This is when Staff 2 came over to assist by taking Child 1’s feet off the sit-down roller scooter. Staff 1 confirmed that Child 1 did not willingly let go of the toy. A few minutes after Child 1 was removed from the sit-down roller scooter, they expressed pain in their left arm. The parent of Child 1 took Child 1 to be medically examined. Medical records from ContinuEM Lakewood stated pain was likely a nurse’s maid elbow subluxation.
Other staff interviewed stated that in normal practice, they give warnings to children and will assist in removing them from a toy if they are in danger. Based on the information obtained from interviews, Child 1 did not want to share the tricycle, there was no sense of danger expressed by any of the staff.
The preponderance of evidence has been met, therefore the above allegations are found to be substantiated.
A type A deficiency is being cited today regarding regulation 101223(a)(1) for personal rights. The California Code of Regulations, (Title 22, Division 12, Chapter 1), is being cited on the attached LIC 9099D.
A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon their return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled child for the next 12 months. A signed Acknowledgement of Receipt (LIC9224) shall be in each child’s file, acknowledging receipt.
A notice of site visit was given and must remain posted for 30 days.
Exit interview conducted and report was reviewed with Coordinating Teacher, Theresa Basta. |