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32 | Regarding the allegation that a daycare child #1 (C1) sustained a fracture while in care, based on the information obtained during the investigation, including interviews with facility staff, witnesses, and the child’s parent, as well as direct observations of the classroom environment, Investigator Ogata determined there was insufficient evidence to support the allegation that staff failed to prevent the child’s injury. On the day of the incident, the evidence shows that C1 fell forward and struck a classroom table. Interviews revealed that staff were present and actively supervising the children at the time of the incident and although there was no lapse in supervision, the injury still occurred.
Regarding the allegation that staff failed to ensure the child received timely medical attention, Investigator Ogata determined that staff responded immediately upon hearing C1 cry. The teacher promptly assessed C1’s condition, administered first aid, and escorted C1 to the office for continued monitoring. Evidence showed that staff were unaware that the child required further medical attention until C1 was later examined by separate dentists who recommended the child be taken to the emergency room if C1 refused food or fluids. C1 was then admitted to the hospital and eventually had two teeth extracted.
Regarding the allegation that staff did not review C1's records for emergency contacts, Investigator Ogata confirmed that staff made a telephone call to notify the parent shortly after the incident occurred, leaving a voicemail of the incident while C1 remained under direct supervision. Interviews revealed that the facility did not contact any of the other emergency contacts, as the initial assessment by staff indicated that C1 had only sustained a swollen lip and C1's behavior remained normal, and eventually returned to the classroom. Investigator Ogata confirmed that the daycare followed their established protocol, and based on their initial assessment of the child, there was no need to contact other emergency contacts.
Regarding the allegation staff did not ensure accurate reporting was provided to the child’s authorized representative, Investigator Ogata determined that facility staff acted appropriately and did not delay appropriate care. Evidence revealed that C1 was assessed by staff and C1 did not exhibit any symptoms of a serious injury and did not present any signs that would require emergency medical services, which was relayed to the parent. Investigator Ogata confirmed that this information was provided to the parent and that the subsequent medical needs of C1 were determined after a reassessment by hospital staff.
Based on all information gathered throughout this investigation, there is not a preponderance of evidence to prove or disprove that staff was neglectful in the supervision of C1, delayed medical care for C1, inadequately reported symptoms/injury, or failed to act within reasonable expectations to contact parent and/or other emergency contacts. Therefore, the allegations are Unsubstantiated.
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