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32 | Allegation regarding- day care child sustained a fracture while in care. Investigator Hector conducted interviews with S1 thru S6 who made no disclosures. However, according to S3, C1 was observed to be utilizing both arms and observed C1 crawling to another day care child prior to nap time. S3 also stated that S5 changed C1’s diaper and laid C1 down for a nap. According to S3, C1 sleeps on their stomach with both arms out like a “starfish.” Per S2, C1 is placed on his or her back. Per S3, C1 was observed to be sleeping with their left arm tucked in, which was an unusual position. Per S3, P1 requested for S3 to wake C1 from nap time to prevent C1 from sleeping past a specific duration of time. According to S3, C1 was picked up from the crib by grabbing C1 by the sides of C1s body to change C1’s diaper. During diaper change, S3 noticed that C1 had discomfort on the left arm and when S3 attempted to touch C1 arm, it was observed C1 would tense up. C1 cried during diaper change which it was not normal behavior.
Video footage 1 revealed that S3 removed a blanket off of C1 who was laying in a crib on their stomach . Video shows S3 to have partially lifted C1 from the crib by the left elbow and body. C1 was not observed to cry while being removed from the crib. Video Footage 2 revealed S3 picking up C1 from the floor, however, camera angle is blocked by S3 to determine how C1 was picked up.
Investigator Hector conducted interviews with P1 and P2, who made no disclosures of pain or discomfort from C1 during drop-off on 05/08/23. Per P2, C1 had no change in behavior over the weekend and provided a personal video of C1 using the left arm freely. P2 also stated that C1 is an “active sleeper” and “rolls around a lot” while sleeping.
Officer Sanchez with Los Angeles Police Department completed the investigation for the above allegation. Per Officer Sanchez investigation, it was determined that a crime had not occurred. Medical records determined that C1 sustained a spiral fracture to the left arm, however, Doctor couldn’t say conclusively if the way C1 was picked up from the crib caused C1’s fracture.
Based on interviews and observation of facility, this agency has investigated the complaint alleging “day care child sustained a fracture while in care.” We have found that the complaint was deemed UNSUBSTANTIATED. Although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the alleged violation occurred.
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