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32 | CD denied claims about not meeting reporting requirements and stated she notified parent(s) and Department of unusual incidents including injury to C1’s left ear. CD stated she did not have any knowledge of C1 sustaining a black eye and hitting a tooth, and that incident did not occur during her tenure at the facility.
S1-S4 and children either witnessed, were aware of, or acknowledged the injury to C1’s left ear, however; they did not report any concerns related to the facility not meeting reporting requirements. Another staff notified S3 of the injury to C1’s tooth but S3 did not witness the incident and did not provide any further details. Staff stated they were uncertain if the facility notified the Department of the incidents but confirmed the facility notified C1’s guardian(s) of the incident involving injury to C1’s ear. According to staff, if/when an incident occurred, the staff that witnessed the incident was required to produce a written ouch report which was forwarded to CD for review and signature, and CD would then provide the classroom with a copy of the signed report for staff to place in the child’s file for parents to retrieve.
Statements provided by P1-P6 & A1 noted the facility notified them of all incidents involving their child(ren) either verbally or via telephone, and parents confirmed they also received a written ouch report which provided further notification of the incident(s). C1’s guardian described during C1’s first day in care, she was notified of an incident where C1 was playing on the playground, C1 hit his face on a playground structure which resulted in C1 sustaining a black eye which required medical treatment. Although C1’s guardian was notified of the incident, a review of Department records indicated the facility did not notify the Department of the injury to C1’s eye, and the facility violated California Code of Regulations (CCR) 101212(d)(1)(B) which required the facility to notify the Department of any injury to any child that requires medical treatment.
Based on LPA’s investigation, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 1, Article 06, is being cited on the attached LIC 9099D. Exit Interview conducted and report was discussed and reviewed with Center Director, Jaclyn Smith. Notice of Site Visit shall be posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. |