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32 | LPA discussed the incident with the S1, the director and reviewed camera footage recording of incident. LPA observed C1 and C2 sitting on the ground next to each other. C1 and C2 began pushing each other back and forth. S1 approached C1, pointing to a space on the ground for C1. S1 standing next to C1, lifting C1 up by left arm with both hands guides C1 to sit down on the ground in a different space. C1 made a face of discomfort and C1 started crying. S1 walked away from C1. While C1 was sitting on the ground, C1 rubbed left arm and laid left arm on lap. S4 was singing a song with hand movement with the children while waiting for the children to wash hands and go get snack. S4 stated not seeing any children crying while waiting to wash hands and get snack. S4 stated remembering S1 later in the day stating C1 was crying about arm hurting. C1 lifted both arms and then laid and cradled left arm on lap. S4 motioned with hand for all children sitting on the ground to get up and follow S4. C1 stood up, started walking, moving right arm from side to side and left arm was observed hanging limp on side. LPA did not see C1 dropped self on the ground. C1 had returned to school. S4 stated S4 did not observe the incident between S1 and C1. On 10/24/24 LPA interviewed C1 and C2, but C1 and C2 did not qualify for interview. LPA interviewed Parent #1 (P1) who stated urgent care doctor informed parents’ C1 arm was dislocated, and doctor had to relocate C1 arm.
LPA reviewed the doctor note and confirmed C1 was seen for left arm pain and nursemaids’ elbow. Doctors note dated 10/17/24 stated: “your child has an injury called nursemaid’s elbow. Nursemaid’s elbow occurs when one of the bones in the forearm slips out of position at the elbow. It can happen during play or when an adult pulls a child up over a curb or other obstacle.”
Based on LPA’s interviews, record reviews, and video footage review, it was determined
preponderance of evidence standard has been met. S1 lifted C1’s hand up by left arm with both hands to guide C1 to sit down on the ground in a different space causing C1 to dislocate arm. Type A under California Title 22 Regulations Section 101223(a)(1) is being cited on the attached 809D.
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