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25 | LPAs, P Rivas and A Silva conducted a case management visit to complete the investigation which was commenced on 01/04/23 on a self reported unusual incident. The unusual incident was reported on 12/27/22 and originally reported on 08/22/18.
Upon arrival LPAs viewed 4 school age children and one infant in Care. Licensee and assistant was present providing care.
Licensee reported that Child 1(C1) had disclosed on 08/22/18 that C2 had inappropriately touched him/her. The incident allegedly occurred outside in the backyard. On 12/27/22 Licensee reported to the Department that on 12/25/22 licensee was notified by C1's parent that C1 now disclosed that C2 had raped C1.
On 01/04/23 LPA Rivas reviewed C1's file and interviewed licensee. Licensee Osorio's statement was consistent with information originally provided on 08/22/18 . LPA was unable to interview C2 since C2 is no longer in this day care and Licensee does not know the whereabouts of C2. LPA was unable to review C2's file since it has been over 3 years since C2 has left the facility. Special Investigator Daniel Massey conducted interview with C1 on 01/19/23 . Special investigator found that C1 was unable to articulate details of a rape. When specific details were requested C1 changed story or was not sure s/he was raped. C1 also changed the location of the alleged incident. Based on the Investigator's determination that the disclosure lacked credibility further investigation was not warranted.
Based on interviews conducted with licensee and C1, one child's records review. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation(s) did or did not occur, therefore the allegation is unsubstantiated.
No deficiencies were noted under the California Code of Regulations Title 22 Division 12 during today's visit. |