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32 | Pertaining to the allegation that day care child was hit by staff while in care, during interviews conducted with approximately (2) staff, (8) day care children and (12) parents. Child # 2, Child # 4, Child # 5 disclosed that they have observed staff # 1 and staff # 2 hitting 2 children’s hands on different occasions and children are treated roughly when they don’t listen. Parent # 5 disclosed witnessing Staff # 1 hitting a child’s hand.
This poses an immediate health and safety risk to children in care. Title 22 Regulation Section 101223 Personal Rights states (a) The licensee shall ensure that each child is accorded the following personal rights: (3) 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 withholding of shelter, clothing, medication or aids to physical functioning.
This agency has investigated the complaint alleging day care child was hit by staff while in care. Based on LPA’s observations and interviews which were conducted and record reviews, the preponderance of the evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 & Chapter 3 (FCC) (1 DCC) number) are being cited on the attached LIC9099D.
LPA Roxana Lopez informed licensee Maria Ramirez that this report dated 9/2/2022 document(s) 1 Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.
Also, LPA Roxana Lopez informed the licensee to provide a copy of this licensing report dated 9/2/2022 that documents any Type A citation(s) 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.
A notice of site visit was given and must remain posted for 30 days.
Exit interview conducted and report was reviewed with Licensee, Maria Ramirez.
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