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During the investigation LPA conducted interviews on 03/12/21, 04/23/21, and 04/26/21 with 3 staff, 4 children, and 6 parents. In addition, LPA reviewed facility staff roster, children’s roster, facility’s parent’s handbook, and children’s files. This incident was also investigated by the Orange County Child Protective Services (CPS), LPA obtained a copy of the CPS report and was reviewed. Children in this class, where the allegations occurred, are between the ages 5 to 6 years old and are enrolled for a full day session. The class has 11 children supervised by 1 teacher.
Interviews with 3 of 4 children state teachers watch them, children felt safe, and children are nice to each other. In addition, 3 of 4 children interviewed did not disclose any inappropriate behavior. When interviewed, C1 (See Confidential Names List dated 05/21/21) denied the allegation and added it was the subject child who displayed inappropriate behavior towards C1 which C1 did not reciprocate. Subject child was not interviewed due to being unavailable. Interviews with 3 of 3 staff state they did not witness the incident between the subject child and C1 but state the teacher is watching the children, when the main teacher goes on break another teacher fills in. Parents interviewed revealed 2 of 6 parents had concerns about supervision due to another child, unrelated to this incident, being aggressive to their children. Parents interviewed did not disclose any inappropriate behavior between the children.
Based on records reviewed and interviews conducted on 03/12/21, 04/23/21, and 04/26/21 with 3 staff, 4 children, and 6 parents there was not enough evidence to substantiate the allegation that a child engaged in inappropriate touching. This agency has investigated the complaint alleging a child engaged in inappropriate touching; although the allegation may have happened or is valid, there is not enough preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED.
An exit interview was conducted, and Appeal Rights were explained. A copy of the appeal rights (LIC 9058 1/16) was provided to the assistant director and their signatures on this form acknowledges receipt of these rights. First level appeal is to the Regional Manager, address is above on the report. All appeals must be in writing and must be received by the Regional Office within 15 business days. The Notice of Site Visit was posted and discussed as required by H&S Code Sec. 1596.817. Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100.00. The Notice of Site Visit must be posted on or adjacent to the door. |