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Complainant alleged that facility staff handled infant in a rough manner. Staff #1 (S1), director Sharon Jensen self-reported on 8/31/20 that Staff #2 (S2) was arrested on 8/28/20 for aggressively shaking a child (C1). On 8/28/20, Parent #1 (P1) was picking up children from childcare, when P1 heard C1 crying. P1 moved the curtain from the bathroom to look into the infant classroom. P1 observed S2 holding C1 in the air and shaking child. S1 stated facility surveillance video captured the incident of S2 aggressively shaking the child. S1 terminated S2 employment on 8/28/20. Staff #3 (S3), assistant director stated, the video surveillance footage of the incident was reviewed and S2 was observed shaking C1 violently. C1 was taken to the hospital for observation.
During the course of the investigation, Investigator obtained Huntington Beach Police Department (HBPD) police report. Adult#1(A1), HBPD detective, and Adult#2 (A2), HBPD Officer viewed surveillance video and described S2 picking up C1 and violently shaking child back and forth causing child’s head jerk back and forth. HBPD interviewed S2. S2 stating she picked up the child and shook C1 to make her happy and smile. S2 admitted she realized now that what she did was wrong and felt bad about it.
Based on the investigation conducted by this agency, interviews were conducted with director, staff, adult, and current parents of children in care, in addition, children’s roster, HBPD reports, medical records, video surveillance footage recording of facility, body camera, and pictures were reviewed. It was determined S2 held and shook C1 violently. The preponderance of evidence standard has been met, therefore the allegations: Facility staff handled infant in a rough manner is Substantiated. California Code of Regulations, (Title 22, Division 12 & Chapter number 1, Article 6) 101223(a)(3) Personal Rights is being cited on the attached LIC 9099D.
LPAs informed licensee that due to the severity of the violation cited on 12/17/20, issuance of Enhanced Civil Penalties is under review and is pending approval by Program Administrator of the Community Care Licensing Division. LPAs explained, the Department assesses a civil penalty when it determines that a violation of licensing statute or regulation resulted in physical abuse of or serious (bodily) injury or death to, an individual in care.
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