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32 | It was alleged that a child (C1) sustained an unexplained fracture, specially that the C1 sustained a broken right femur while in care. During Interviews conducted with the licensee and inconsistent statements were made as to how C1 received the injury. The licensee later admitted that C1, along with other children in care had been jumping on a child safety gate and “rough housing” for about 1-2 minutes before C1 was injured but the licensee did not see the incident occur. The licensee admitted to telling the children to stop climbing on a gate but failed to physically intervene. Evidence collected during the investigation confirmed that a child safety gate that led to the licensee’s outdoor play area was installed incorrectly leaving an approximate 6 inch gap from the door’s threshold to a step leading out the door to the backyard. The licensee admitted to the door being open at the time of the incident occurred.
Interviews with parents confirmed on the day the injury occurred, there was a large play structure in the in the daycare room. The play structure was described as a two-story loft or bunkbed. This structure was not present in the daycare room at the time Investigator Krogstad visited the facility. The licensee made no mention of this structure during interviews with Investigator Krogstad.
It was also alleged that the licensee failed to report the injury involving C1, which required medical treatment, to the Department as required. The licensee admitted to not reporting the incident to the Department within 24 hours as required stating she was unaware that a written report/notification was required. The incident involving C1 occurred on 1/02/2023, the licensee reported the incident by telephone to the Department on 1/19/23.
Based on interviews conducted and records reviewed, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. California Code of Regulations, (Title 22, Division 12) are being cited on attached LIC 9099D.
Continued on 9099C |