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During the investigation, LPA interviewed 5 staff separately, children interviewed did not qualify. During interviews conducted on 08/09/19 and 08/28/19, Staff interviewed stated they maintain supervision by walking around, observing what children are doing, if changing diapers, still focus on other children, always keep eyes on children. Outdoors supervision is maintained by walking around or staying in one area and looking around. All 5 Staff stated they contact Director if an injury to a child occurs at the facility. All staff stated Director contacts the parents, if parents are not home or don’t answer they leave a voice mail, Staff let parents know in voice mail about injury, and tell them to do a call back. All Staff stated procedure to report child injury is to write ouch and behavior report with day and time of incident and provide a copy to parents. All 4 staff interviewed, do not recall incident on 07/25/19, and none observed injury. A staff disclosed does not recall incident on 07/25/19. Same Staff stated does not recall any incidents with Child#15. Staff stated does not recall incident or bites, and didn’t observe anything, has hands full, sometimes working on projects, changing kids, cutting stuff, or working with other children that impedes from observing all injuries. LPA did not observe an ouch or behavior report dated 07/25/19 on file for child#15.
Based on interviews conducted with Reporting Party, Director, 5 staff, 4 parents , records reviewed, and pictures taken and provided by RP during investigation, the facility failed to visually care and supervise children in care. This requirement was not met as evidenced by statements obtained from RP who stated due to lack of supervision child had bite injury on cheek and all staff questioned, did not know how or when injury occurred. Also, one Staff stated does not recall incident or bites, and stated didn’t see anything, has hands full, sometimes working on projects, changing kids, cutting stuff, or working with other children that Staff does not observe all injuries. In addition, 1 of 4 parents interviewed stated a different child sustained injury at facility and staff didn’t know how or when injury occurred when questioned. RP and 2 parents stated in addition were not provided an ouch or incident report regarding injury due to lack of supervision. The preponderance of evidence standard has been met, therefore the allegations: Lack of Supervision resulting in day-care child biting another day care child is SUBSTANTIATED. California code of Regulations, (Title 22, Division & Chapter), is being cited on the attached LIC 9099D”). Lack of Supervision 101229(a)(1).An immediate civil penalty of 500.00 was assessed today. Additionally, child sustained an injury and was not reported to parents in a timely manner, therefore, the preponderance of evidence standard has been met, the facility is being cited under Title 22, Health Related Services Section 101226(a)(2), please see attached LIC 9099D. Page 3, Continued on Page 4 |