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32 | Licensee stated that while being outside with the children, she took a seat on the driveway. At an unknown time, licensee began looking for Child #1 (C1) in the yard and was unable to locate her. Licensee then noticed the chain-link gate which leads from the front yard to the front entrance was unlatched. Per licensee, the tie holding the gate together needed to be replaced. Licensee left the other 2 day care children unattended in the front yard of the home and walked out towards the sidewalk, that is when she saw C1 with Woman 2 (W2) at the corner of Forbes and Sherman Way.
According to Woman 1 (W1), she was making a right onto Sherman Way from Forbes when she saw C1 standing at the corner of Forbes and Sherman Way to her right. Forbes and Sherman Way was measured to be (158.8ft) from licensees house. W1 saw C1 run across the street right in front of her car. W1 stopped her car, got out and was able to bring the child to safety. Within a matter of minutes, W2 arrived to the scene. W1 states that W2 contacted the police and licensee arrived attempting to take C1 back with her; however, W1 states she left the scene.
According to W2, she observed the incident, grabbed her phone and walked towards W1 and C1. W2 stated that she grabbed the child and called 911. W1 was still present but left shortly after Licensee arrived and attempted to take the child back; however, the 911 operator instructed W2 to wait with C1 until the police arrived. Operator further informed W2 that the police would not arrive to the scene for another 40 minutes so W2 gave C1 to licensee.
Licensee stated that, the police arrived at the facility around 12pm and obtained a statement from her along with C1 contact information. Licensee then left to pick up a child, police returned for a second time before 2pm. Police Officers 1 and 2 (PO1 and PO2) did a walkthrough and ensured that the child was safe at the facility. It was determined that the child was gone from the facility for approximately 20 minutes.
During the investigation, it has been determined that the child wandered away from the facility by crossing Forbes along Sherman Way. Based upon the evidence as presented above, the preponderance of evidence standard has been met. Therefore, the allegation that “Licensee did not prevent day care child from wandering from the facility” has been found to be Substantiated. California Code of Regulations, Title 22, Division 12, Chapter 1, Article 06. Continuing Requirements, Section 1012417 “Operation of a Family Child Care Home," is being cited on the attached LIC 9099D. |