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32 | LPA interview with Teacher # 2 (T2) revealed that on 11/7/2019 around 10:30 AM, Child # 1 (C1) refused to hand C1's left hand to T2 during an art project because it was hurting. An Accident Report provided to C1's parent on 11/8/2019, a day after the accident stated that the incident occurred at 10:50 AM, 11/07/2019. Despite teachers' knowledge, T2 reported to Director C1's difficulty with the left arm on or around 3:00 PM because T2 attributed the pain to C1's dry skin on the arm. Also, interview with Teacher #1 (T1) also revealed that T1 and T2 were alarmed only when C1's arm was observed to be hanging after nap time and C1 was not using it when C1 was eating snack. Director verbally reported the incident to the parent when parent picked up C1 around 3:30 PM on the same day.
Regarding the allegation staff failed to properly observe behavior and health of a child.
Teacher # 1(T1) checked on C1’s ankle and did not find any bruising or scratch. Teacher # 2 (T2) stated that C1 sat on T2's lap for about 30 minutes and continued to sit on another Teacher’s (T1) lap until 11:30 am. T2 stated that T2 comforted Child # 1 because C1 was a bit emotional and stayed quiet. C1 was whimpering while sitting on T2’s lap. Teachers regarded C1’s behavior being part of adjustment period considering C1 has only been attending the program for 4 days.
Based on LPA’s observation, interviews conducted and record review, the preponderance of evidence standard has been met, therefore the above allegations are found SUBSTANTIATED. California Code of Regulations, 101226 (a) Health-Related Services is being cited on the attached LIC 9099D
Appeal Rights Given.
LPA observed Director posted the Notice of Site Visit.
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