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S5 stated that they pushed C1 away from them by the shoulder after C1 had filled a plastic traffic cone with water and struck S5 in the face with it. A small scratch was observed on the face of S5 immediately after the incident.
Regardless whether S5 pushed C1 away from them, only grabbed C1 by the neck or grabbed C1 by the neck and hit C1 on the neck, as staff are not supposed to inflict any sort of corporal punishment upon daycare children, based upon the evidence as presented above, the allegation that "Day care provider grabbed and hit child in care” has been determined to be true.
This agency has investigated the complaint alleging that there was a violation of Title 22, Division 12, Chapter 1, Article 6, Section 101223 "Personal Rights." The complaint alleged that “Day care provider grabbed and hit child in care.”
Based upon the evidence as presented above, the allegation has been determined to be Substantiated. A finding of Substantiated means that the preponderance of evidence standard has been met. California Code of Regulations, Title 22, Division 12, Chapter 1, Article 06, Section 101223 "Personal Rights" is being cited on the attached LIC 9099D.
LPA Bell informed Facilities and Licensing Planner Allen that this report dated 01/28/22 documents one Type A citation. Type A citation(s) 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 Bell informed Facilities and Licensing Planner Allen to provide a copy of this licensing report dated 01/28/22 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the
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