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32 | LIC9099C Page 2
It was alleged that agency staff do not provide a safe environment for the children in care, when a subject child displayed acts of aggression in the classroom on multiple occasions. The LPA observations, review of records and interviews conducted revealed there were multiple incidents documented on the history of a subject child’s acts of defiant aggression towards facility staff, both verbally and physically in the presence of other daycare children. Records reviewed indicate a subject child’s acts include throwing objects, climbing and jumping on furniture, leaving the classroom and not following safety rules. LPA interviews with pertinent parties corroborated the allegation. Pertinent parties stated a subject child display acts of aggression by throwing chairs, attempting to hit or shove children and staff, and the subject child has made attempts to leave the facility and evade care and supervision of staff.
Additional parties interviewed concurred with the allegation, stating the subject child’s aggressive actions do interfere with daily operation and scare other daycare children present to witness, however the acts of aggression towards children and staff have not resulted in sustained physical injury thus far. No evidence was obtained by the LPA to indicate children and/or staff sustained injuries because of the subject child’s aggressive acts. Pertinent parties interviewed stated the subject child’s attempts to leave the facility were failed attempts. The parties stated the child remained within the facility grounds, and staff were able to maintain supervision. Additional records reviewed indicate the licensed agency has taken steps to address the reported acts of aggression by developing a prevention plan. Based on the information gathered, the LPA determined the allegation to be Substantiated. Although the allegation is Substantiated, the LPA determined a potential health and safety risk to persons in care, as there was no evidence gathered of sustained injuries or absence of supervision as a resulting from the incidents.
Based on LPA’s observations and interviews which were conducted and reviews, the preponderance of evidence standard has been met, therefore the above allegation that staff do not provide a safe environment for the children in care is found to be SUBSTANTIATED. California Code of Regulations, Title 22, divisions 101223(a)(2) Personal Rights are being cited on the attached LIC 9099D.
A Type B deficiency was issued on today’s date for 101223(a)(2) Personal Rights.
No civil penalties were issued. Exit interview was conducted and a copy of this report was provided to Director Charlene Bunnel-McAlister. A notice of site visit was provided and must remain posted for 30 days. |