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32 | IB obtained law enforcement (PD) reports and document(s) from other external agencies, which reported C1 was forensically interviewed, as well as multiple adults provided declarations of their accounts. The reports confirmed claims about C2 using their hand to sexually touch C1’s private area over the clothes, while they were playing games that were described as the cowboy and/or gay games. Based on reports, there were no areas of the facility that were off limits to C1, and there is indication that C1 was not a willing participant in playing the game, when C1 told C2 to stop, C2 apologized to C1; and C2 inappropriately touched C1 again. While the children were playing the gay game, C2 called C1 and other people gay. Additionally, there was another reported incident of C2 kissing C1 on the lips while at daycare, one week prior to the inappropriate touching. Reports further noted, C1 confirmed one adult was in the kitchen while the children were in the room, but that adult did not come to the bedroom to physically supervise the children.
Furthermore, reports indicated after C1 disclosed the incident to their authorized representative (A1), A1 raised concerns with LS about lack of supervision, and LS’s response to A1 validated that LS allowed C1 to wander into an off-limits bedroom, multiple times, but she did not take steps to remove C1 from the off-limits area. According to LS, the bedroom door was open, and each time C1 went inside the room, LS asked C1 to leave the room but C1 refused, and LS claimed she periodically (every 5 minutes) checked on C1 by calling out to C1 to ask if they were okay; instead of LS physically supervising the children in the room. The information LS reported to PD was consistent with the explanation LS provided A1. Additionally, PD reports and documents lent weight to claims about C1 & C3 being bitten when it was established that on one occasion, another child bit C1 on the right thigh, and C3 was also bitten by another child. On 11/28/25, the Department received record evidence, depicting a visible bite mark on C1’s lower right thigh and visible bite marks on C3’s right shoulder and left cheek. Also, according to Department records, LS did not notify the Department of any incidents involving C1 & C3 being bitten by another child, as well as the Department was not notify of the any proposed changes to have areas identified as off limits to an area where care and supervision will be provided to children in care.
As a result of LS providing inadequate supervision and/or not ensuring the off-limits areas were inaccessible, C1 and C3 were exposed to an unsafe environment in which C1 was inappropriately touched by C2 and bitten by another child, and C3 was bitten on multiple occasions; thus, violating C1 and C3’s personal rights. Based on this investigation, the preponderance of evidence standard has been met and therefore, the allegations are found to be substantiated. California Code of Regulations (Title 22) sections are being cited on the attached LIC 9099D. Continue on LIC9099-C |