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32 | LPA conducted interviews with three staff members. During interviews with staff, Staff #1 disclosed that there is a child in care who is aggressive towards others. They have been trying to work with the child with redirection and speaking with the family regarding a Family Coach but Child #1 (C1)'s family was unresponsive to the assistance causing the case to be closed. Staff #1 stated, "they brought in a behavioral specialist (BS) and they had someone observe first, gave us strategies. Had someone come in to work one on one. [They] didn't get the full experience. The thing was [C1] does work better one-on-one, but since we do not have a BS in the room, we can't provide the one-on-one with 3 teachers." Staff #2 stated "(C1) will use threats and 'I hate you.' 'I am going to call my mom to come kick your ass.' ...He has started climbing on furniture and laying [their] body over stuff. When [C1] sees us walking towards [them] [they] starts throwing books at us. ...[They] attacked me with a pencil today." S2 corroborated that the family was unresponsive to Family Coach. Staff #3 corroborated the personality of C1, including describing his tantrums. "Things have been thrown, tried to bite a couple times but hasn't broke skin, spit once or twice at another student. The language is constantly 'I hate you' 'I am going to kick your ass' 'My dad is going to come beat you up.'" All staff corroborated that redirection and modeling have been in response to C1. They state that using words and gentle/soft touching have been applied.
Children were interviewed by LPA. Child #2 stated that C1 has hit them and their friend (Child #4). Child #4 (C4) was interviewed and confirmed that C1 had hit them and caused them to cry. C4 added that C1 had hurt their feelings. Child #5 also disclosed that C1 hits others at school, saying that they are "bad."
Parents were contacted to conduct interviews. Both Parent #3 and #5 disclosed that Child #1 has been mentioned from their children as being someone who is hurting others. Parent #3 shared that their child told them that they did not feel safe at school because of C1.
LPA reviewed incidents that were recorded by facility staff for Child #1. There were 25 documented "aggressive acts" that were recorded between September and November.
Based on the information above, LPA has determined that there is a violation of Personal Rights from staff and facility not preventing a child in care from aggressively hitting other children in care. Based on LPAs observations and interviews which were conducted and record review, 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 101223(a)(1) Personal Rights), are being cited on the attached deficiencies page (LIC809D).
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