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32 | Title 22 Regulation Section 101229 (a)(1) states that "No child(ren) shall be left without the supervision of a teacher at any time. Supervision shall include visual observation". This is an immediate risk to the health and safety of children in care.
In regards to the allegation of staff handling a day care child in a rough manner, disclosures were made indicating that a staff violated the personal rights of a child in care on or around 10/18/22. A written declaration was obtained. Title 22 Regulation Section 101223 (a)(1)(3) Personal Rights states that children shall 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 withholding of shelter, clothing, medication or aids to physical functioning. On or around 10/18/22, a child's personal rights were violated when a staff pulled/grabbed a child by the arm in an attempt to prevent them from entering another classroom, causing the child to fall to the ground. This was an immediate risk to the health and safety of children in care.
Based on the available information, 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 Number 1), are being cited on the attached LIC 9099D.
Upon receipt of this report, the licensee shall post any licensing report documenting a type “A” citation and/or a substantiated complaint. This must remain posted for 30 days during hours of operation. In addition to posting this report, the licensee will also provide copies to the parents of the children in care for up to one year.
A copy of the LIC 9224 - Acknowledgement of Receipt of Licensing Reports was provided.
A notice of site visit was given and must remain posted for 30 days. Exit interview was conducted with Monserratt Hernandez, Lead Teacher. Appeal Rights explained and provided.
*END OF REPORT, SEE 9099-D |