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25 | Licensing Program Analyst (LPA), Melchisedeck Augustin made an unannounced Case Management (CM) visit and met with Center Director (CD), Brenda Hardaway, to deliver a citation related to violation of a child’s (C1) personal rights. On 04/09/24, the facility submitted an Unusual Incident Report (LIC 624) to self-report an incident which involved a staff (S1) allegedly picking up and throwing C1 to the floor while they were in the class. It is noted that the facility did not notify the Department of the incident by telephone or fax within the Department’s next working day. LPA made a prior visit to the facility on 04/11/24 to investigate the circumstances surrounding the incident, and at that time, LPA interviewed CD and five staff (S1-S5). The children were unavailable on 04/11/24, however; four children (C1-C4) were interviewed on 07/03/24.
CD’s statement supported claims related to S1 violating C1’s personal rights and CD stated that more than one witness in the classroom observed the incident. According to CD, witnesses described C1 was standing, and then S1 asked children in the classroom to sit down to do their homework, C1 verbally responded to S1 which resulted in S1 approaching and picking C1 up with her hands; and threw or pushed C1 to sit on the floor. CD confirmed the facility conducted its own internal investigation and the outcome resulted in S1 no longer employed at the facility. S1 denied claims about putting her hands on C1 and said she did not touch C1, while S2-S5 reported they were not present and they did not witness the incident; S5 did however claim that the children in the class told her about the incident. Interviews with C1-C3 corroborated the children either experienced or witnessed the incident. The children’s statements were consistent with each other, validated S1 was upset & put her hands on C1; and engaged in misconduct. Children reported S1 responded to C1 in an aggressive manner, and words such as threw, pushed, or dropped were used to described how C1 went from a standing to sitting position. (Continue to LIC 809-C)
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
09/11/2024
Section Cited
CCR
101223(a)(3)
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7 | The licensee shall ensure that each child is accorded the following personal rights:To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping or toileting; or | 1
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7 | Director said S1 was no longer employed at the facility and Director intends to hold all staff meeting to provide additional training on personal rights. Director intends to submit evidence of staff attendance at the training, agenda, video trainings from CCLD website, and written/plan statement indicating expectations |
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14 | withholding of shelter, clothing, medication or aids to physical functioning.
This requirement was not met as evidenced by: Based on statements provided by CD & C1-C3 which confirmed S1 threw or pushed C1 to a sitting position. This posed a potential health, safety and/or personal rights risk to children in care. | 8
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14 | and requirements of personal rights.
Email: melchisedeck.augustin@dss.ca.gov
Fax: 707-588-5099 |
Type B
09/11/2024
Section Cited
CCR101212(d)
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7 | Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. In addition, a written report containing the information specified in (d)(2) below shall be submitted to | 1
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7 | Director stated she would review the regulations on reporting requirements and Director intends to produce a written statement detailing how the facility would comply with CCR 101212(d). |
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14 | the Department within seven days following the occurrence of such event.
This requirement was not met as evidenced by: Based on the facility not notifying the department of an unusual incident in a timely manner. This posed a potential health, safety and/or personal rights risk to children in care. | 8
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14 | Email: melchisedeck.augustin@dss.ca.gov
Fax: 707-588-5099 |