| Page 3/4|
Thus, based on the evidence as stated above, the preponderance of evidence standard has been met. Therefore, the allegation that “Unqualified staff are providing care for children” is found to be Substantiated. A finding of Substantiated means that the allegation has been found to be valid because the preponderance of the evidence standard has been met. California Code of Regulations, Title 22, Division 12, Chapter 1, Subchapter 02, Section 101416.3 is being cited on the attached LIC 9099D.
-Pertaining to the allegation that “Child sustained injuries while in care”:
the allegation pertains to a bite and a scratch Child #1 sustained on 06/21/19. The “Incident/Accident Report for Parent/Guardian” simply states that “(Child #1) got bit on the hand (left).” LPA conducted interviews with two staff who were aware of what led to the infant getting bitten. Both staff corroborated that Child #1 had taken food from Child #3 and thus, Child #3 had bitten the hand of Child #1. However, when it came to the scratch, three different versions were recalled of what had occurred. There is no doubt that Child #1 was scratched, as the scratch is still visible. There is no doubt as to which infant had scratched Child #1, as they were the only two in the room at the time. What is important to know is whether staff saw what occurred or not, as they had when Child #1 had gotten bit earlier in the day. Per Staff #1, Child #1 and Child #2 were fighting over a walker (a prohibited item in licensed facilties) when Child #2 scratched Child #1; according to Staff #5, Child #1 was laying down and Child #2 just went up and scratched Child #1 (unprovoked); whilst Staff #4