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Of the children interviewed four of the five did not provide sufficient information to support a preponderance of evidence towards the above allegation. Two parents were interviewed via phone call on 11/7/22. From their interviews, evidence to support a preponderance of evidence for the allegation was not provided. Multiple parents were attempted to be interviewed by LPA via phone call, but only two responded. An audio file provided to the LPA by the reporting party was reviewed but did not have a preponderance of evidence to support the allegation. LPA also met with reporting party and interviewed reporting party and two children. Based on this gathered information over the course of LPA's investigation of the allegation Licensee slapped day are child on the hand was not determined to have a preponderance of evidence to support the allegation. In addition to this, LPA was unable to demonstrate that this allegation or that the facility at any point in the past was out of compliance of children's personal rights regulations. LPA was unable to make the determination from the information gathered that this allegation did not ever occur, or that there wasn't a preponderance of evidence to support this allegation, at some point. Due to this reasoning the most factual finding on the allegation, with all available information to LPA during the investigation is unsubstantiated.
Based on all this information LPA gathered, the preponderance of evidence standard for the allegation was not met, therefore the above listed allegation is found to be unsubstantiated. From all of the available information obtained by LPA during the course of the investigation, that there is insufficient evidence indicating that Licensee slapped day are child on the hand. Based on all of the information LPA gathered, LPA was not able to determine that this allegation were false or untrue. Therefore LPA cannot make the determination that this allegation is unfounded; and the most accurate finding would remain at unsubstantiated.
Although the allegation may have happened or are valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur; therefore, the allegation is unsubstantiated. Exit interview was conducted, and report was reviewed and discussed. Notice of Site Visit was posted during the visit. The facility representative was informed that the Notice of Site Visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100 per day. The facility was provided a copy of their appeal rights (LIC 9058 12/15) and their signature on this form acknowledges receipt of these rights.
Details of the report were discussed in Spanish. |