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During the investigation, LPA conducted interviews with 5 staff members, 4 parents and 1 child and reviewed records of the incident.
According to the incident report, Child #1 (C1) jumped off the top of the big slide structure in the playground and sustained injury on C1's left arm. During interviews, it was reported that there were two staff members on the playground supervising 22 preschool children. All interviewed staff were aware of the incident. All interviewed staff described that they were trained to position themselves on each side of the play structure to ensure they can provide supervision for the children in play. Staff #1 (S1) stated C1 was not following directions and kept jumping off the slide instead of sliding down the slide. S1 stated S1 redirected C1 multiple times prior to C1 sustaining injury on C1's arm. When interviewed, C1 stated C1 jumped a total of 4 times from the top of the small slide on the big play structure. C1 stated S1 was redirecting C1 to stop but C1 did not listen. C1 sustained injury when C1 jumped off the 4th times. Director confirmed that S1 should have redirected C1 to play in other areas or a different activity to ensure C1 can follow directions to be safe. Interviewed parents did not share concerns related to the allegation.
Based on information gathered from LPA interviews and record reviews, the preponderance of evidence standard has been met, therefore the allegation staff did not prevent child from sustaining injury, is found to be substantiated. California Code of Regulations, Title 22, Division 12 & Chapter 1, Section 101229 (a) Responsibility for Providing Care and Supervision cited on the attached LIC9099D.
Appeal Rights and deficiency were discussed. The facility representative was provided a copy of their appeal rights (LIC 9058) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. A notice of site visit was given and must remain posted for 30 days. Exit interview conducted and report was reviewed with Director Kimbrough.
(End of Report)
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