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32 | ****AMENDED ON 06/01/2023****
LPA spoke with pertinent parties and gathered documents. It was alleged that a day-care child sustained an injury while in care and staff used an inappropriate form of discipline towards day-care child. During interviews with pertinent parties and through licensees own admission, on or about 02/14/2023, a child was refusing to take a nap. While the child started to throw a tantrum, the child was put in the back on-limits room, where they were placed to calm down by themselves, while the other children were put down for naps. When the subject child ran back out of the room, the child was then taken back into the room and the door was closed. Although the lock was on the inside of the door, the child was put back there with the door closed as a form of discipline for throwing a tantrum during naptime.
During this time, the subject child was able to knock off a television sitting on top of a night stand that stood between 2-3 feet tall. It was noted by facility staff that the child had a little cut on the bridge of their nose, which was not there before the child was dropped off that day. While the subject child was in the room with the door closed, facility staff were able to view it in "real-time" on their phone due to there being a camera in the room.
Based on LPAs interviews, licensees own admission, and other information obtained, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations (Title 22, Division 12) are being cited on the attached LIC9099D.
An exit interview was conducted with the Licensee, Barbara Bubello. Appeal Rights were discussed and issued, a copy of this report was provided, and a Notice of Site visit was issued. 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. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type A
03/27/2023
Section Cited
CCR
102423(a)(2) | 1
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7 | Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following: To receive safe, healthful, and comfortable accommodations, furnishings, and equipment. | 1
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7 | IMMEDIATELY licensee will make sure that there are no inappropirate forms of discipline being used and that children are in a safe environment. LIcensee plans to hire additional staff to ensure proper supervision and assistance with children in care. Licensee will submit written proof of the POC no later than the POC due date. |
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14 | This requirement was not met as evidenced by: Facility staff did put the subject child in an unsafe situation, resulting in the subject child hurting themselves by getting a scratch on the bridge of their nose, resulting in a violation of a child's personal rights. This poses an immediate health and safety risk to children in care. | 8
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14 | ***An office conference will be schedueld in the near future to discuss the incompliance of these violations.*** |
Type A
03/27/2023
Section Cited
CCR
102423(a)(4) | 1
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7 | Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following: To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation | 1
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7 | IMMEDIATELY, licensee will make sure that there are no inappropirate forms of discipline being used and that children are in a safe environment. LIcensee plans to hire additional staff to ensure proper supervision and assistance with children in care. Licensee will submit written proof of the POC no later than the POC due date. |
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14 | ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including, but not limited to: interference with eating, sleeping or toileting; or withholding shelter, clothing, medication or aids to physical functioning. This requirement was not met as evidenced by: Facility staff put the subject child in a room by themselves as a form of >>> | 8
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14 | ***An office conference will be schedueld in the near future to discuss the incompliance of these violations.***
punishment, resulting in a violation of a child's personal rights. This poses an immediate health and safety risk to children in care. |