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On 03/19/21, the licensing office received a complaint alleging one of the staff members inappropriately touched a daycare child while in care. The complaint was referred to the Investigation Branch (IB) and assigned to Investigator Angelica Marquez to obtain a copy of the forensic interviews, Santa Ana Police Report and medical report. On 3/23/21, the director contacted the office to report the unusual incident report and a written report, LIC 624 was received via fax on 3/22/21.
During the course of the investigation, the Santa Ana Police Department conducted an interview with the child’s mother and 2 staff members. According to the Police Report, the child disclosed being inappropriately touched by one of the staff members during diaper change and/or using the bathroom. The child is currently being potty trained. The 2 staff members were interviewed separately of which both indicated when a child needs a diaper change or use the restroom, 2 staff members are always present. Both staff members also stated they changed the child’s diaper only.
A forensic interview and examination were also arranged at the Child Abuse Service Team (CAST) by the Santa Ana Police Department. Based on the interview with the child, there was lack of engagement with the child and the child was also nonverbal. The interview was concluded and there was no disclosure of sexual abuse made. The medical examination also did not show physical evidence and no trauma noted.
Based on IB investigation, the Santa Ana Police Department will be closing the case with a document report only and no further investigation. This agency has investigated the complaint alleging a staff inappropriately touched a daycare child while in care; although the allegation may have happened or is valid, there is not enough preponderance of evidence to substantiate the personal rights of a child was inappropriately touched while in day care, therefore the allegation is unsubstantiated.
The Notice of Site Visit was not posted due to tele-investigation Covid-19 State of Emergency. Appeal Rights was explained. A copy of appeal rights (LIC 9058 1/16) will be provided through email and their signatures on this form acknowledges receipt of these rights. First level appeal is to Regional Manager, address is above on the report. |