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32 | Staff interviews conducted on 11/6/2025, corroborate the alleged incident. All staff stated that S#8 did scratch C#1. S8 stated the scratch was caused by her finger nails. During child interviews, it was disclosed per C#1 that S8 did scratch C1 on face.
On 12/29/2025, LPAs reviewed the facility’s Employee Handbook and observed that on page 72 of the handbook, a section contains information / policy on personal hygiene, which states “Long nails are not acceptable. Employees who are working directly with children…must not have nails over 1/8 of an inch from the end of their nail.” Guidelines for finger nail length in the Employee Handbook (EH) were reviewed with S8. The responsibility for enforcing the policies outlined in the EH was discussed with S8, including how they are consistently followed by staff and, if not, how noncompliance is addressed. Per S#8, issues regarding fingernails were not or have not been addressed since this incident. During this investigation LPAs were not allowed access to video footage of the incident. Per administration, video can not be shared with licensing.
Therefore, based on a preponderance of evidence, it was found that S8 scratched C1 on their face. S8 stated that while attempting to reach for the toy C1 was holding, C1 motioned as if they were going to throw the toy. S8 anticipated C1 was going to throw the toy at them, so they put up their hands to block the toy and in doing so, S#8 scratched C1 on the face. 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 & Chapter 1), section 101223(a)(3) Personal Rights are being cited on the attached LIC 9099D.
The deficiency listed on the following page was observed by the LPAs and is being cited in accordance with California Code of Regulations Title 22. One type A deficiency is being issued today for regulation 101223 (a)(1) Personal Rights. Please see attached LIC 809-D for citation. Deficiencies that are being cited need to be cleared to protect the children’s health & safety. A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon their return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled child for the next 12 months. A signed Acknowledgement of Receipt (LIC9224) shall be in each child’s file, acknowledging receipt. Civil penalties are being assessed today for repeat violation, please see LIC 421FC.
An exit interview was conducted with Site Supervisor, Darleen. Appeal Rights (LIC 9058) were discussed and provided. Copies of LIC 9099 and LIC 9099D were issued during the visit. |