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32 | IB asked the licensee if the above incident report was completed/provided to Community Care Licensing. At the time of the interview, the licensee stated she thought she had but could not provide any evidence of the report. A record review of the facility file was later conducted, and it was determined the licensee did not report the incident as required.
During the investigation, IB determined the swing C1 fell from was a standard sized swing, rather than a swing with a safety belt (which the licensee had access to) that would have been age appropriate for an infant. IB also obtained evidence that showed C1 sustained a fracture of the spine of the left tibia and a traumatic hematoma of the forehead as a result of the fall.
Based on the evidence obtained, the preponderance of evidence standard has been met, therefore the above allegations are found to be substantiated. California Code of Regulations, (Title 22), is being cited on the attached LIC 9099D.
In accordance with section 1596.8865, due to the serious nature of the health and safety violation that resulted in the injury to a child in care, a civil penalty of two thousand dollars $2,000 is being assessed on today’s date. A copy of form LIC 421D Civil Penalty – Death/Serious Injury/Physical Abuse (Child Care) and this report were discussed and reviewed with licensee Emmy Schykerynec.
LPA Sydney Sims informed licensee Emmy Schykerynec that this report dated 1/22/26 documents one Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care.
Also, LPA Sydney Sims informed the licensee Emmy Schykerynec to provide a copy of this licensing report dated 1/22/26 that documents one Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.
Exit interview conducted and report was reviewed with the licensee Emmy Schykerynec. Appeal rights were provided.
A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. |