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32 | 9099c page 2
On 03/14/23 the Regional Office received a complaint alleging that a child sustained an injury while in care. The complainant alleged that they were advised that on 03/13/2023 child #1 (C1)was put on the floor of the facility and C2 bit C1 causing injuries to C1 and that injuries were not consistent with explanation of injury. Per complainant child #1 had "... contusions on the left side of the face, that looks like early bruising, redness, with linear patterns, possible finger marks."
The investigation consisted of facility file review, interviews with 5 staff (including former Director Ann Sosa) , interviews with 3 out of 10 parents. LPA called 10 parents, LPA was only able to interview 3 parents, no disclosures was made regarding the allegation. Interview with Staff indicated that the incident involving C1 and C2 occurred after snack in the afternoon on or about 03/13/23. Based on staff interviews It was found that there were two staff present with seven infants in infant room #1 during time of incident. Two infants who were non mobile were on the floor ( (including C1) These two children were on the other side of the room opposite of where hand washing was taking place(approximately 20 feet from staff with direct line of sight). C2 had been taken out of the chair and had hands cleaned and placed on the floor. Staff#1(S1)and S2 continued to wash hands for other infants. After C2 had been placed on the floor C2 went to C1 and bit C1 on the face. S1 and S2 were caring for other infants but upon hearing C1 cry, S1 stated they immediately, went to C1 and C2 and separated C2 from C1. Both S1 and S2 indicated that C2 bit C1 on the face before they were able to get to C2. Per records review it was found that C2 had prior incidents of biting other children . Previous Director Sosa had stated C1 was given first aid, called parent and completed an incident report. Director Sosa had advised LPA Rivas that the facility was working with C2's parents for C2's behavior of biting, which may have been for teething as there were prior incidents of C2 biting other children. Per former Director, Sosa part of the plan included rearrangement of room, obtaining teething toys for C2. LPA viewed picture of C1 that showed red mark on face but LPA did not observe fingerprints.
Based on the information gathered from LPA’s interviews and reviewing records of C1's and C2's file, the preponderance of evidence standard has been met, therefore the allegation regarding a child sustaining injury while in care is SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 1, Section 101229(a)(1) Responsibility for Providing Care and Supervision is being cited. |