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32 | Staff interviews all corroborated that Child #1 had been bitten five times by Child #2 without any intervention of staff. Staff #1 states that "the teacher that was sitting there with the children thought that the kids were playing, and didn't necessarily see that the bite happen. They thought they were just laying on each other." Staff #3 described the incident, “Three teachers were out on the playground. A teacher went on break and a floater came in. I was at the table with 3-4 kids, 1 teacher with 2-3 kids, and another teacher across the yard with the rest of children. Two children underneath the slide and another child got bit. Teacher said they did not see it but we immediately saw the bites on the arm.” LPA obtained pictures of the Child #1’s arm when the incident occurred. There were visible welts in the shape of bite marks on the child’s arm. Per Staff #1-3. Child #1 did not react or cry during the incident. Information from staff describe the plan for biters as redirection and collaboration with parents to have them provide teething toys. Staff #3 indicated that Child #2 has had some incidents of biting others in the past and that they didn’t have a teething toy with them when the alleged incident took place.
LPA reviewed the information provided from interviews. Facility failed to prevent a child who has had prior instances of biting, from biting another child in care. This is a violation of the child's personal rights.
Based on LPAs observations and interviews which were conducted and record review(s), the preponderance of evidence standard has been met, therefore the above allegation(s) is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, Division 12 Chapter 1 101223(a)(2) Personal Rights), are being cited on the attached deficiencies page.)
Upon receipt of this report, the Licensee shall post the Notice of Site visit and any licensing report documenting a type “A” deficiency. The report and the Notice of Site visit shall be posted for 30 consecutive days. Failure to maintain posting as required, will result in an immediate $100 civil penalty. A copy of this report shall be provided to the parent/guardian of children currently enrolled by the next business day or immediately upon return. A copy of this report shall also be provided to the parent/guardian of any newly enrolled children for the next 12 months (1 year). The Acknowledgement form must be maintained in each child’s file immediately upon receipt from parent. Licensee was provided with a copy of the parent Acknowledgement of Receipt of Licensing Reports Form during this visit. A copy of the Parent Notification Requirements was also provided to the licensee.
A notice of site visit was given and must remain posted for 30 days.
Exit interview conducted and report was reviewed with the Director Diane Connell, at 3:35pm. Plan of corrections developed and copy of report was provided. END OF REPORT PAGE 2 of 2
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