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32 | According to the staff member, they walked over and got between the children, to prevent one child from continuing to hit the other. Staff also verbally advised the children not to hit our friends. Staff denied ever being aggressive and/or physical with the child that had hit the other child. Although staff denied being physical, multiple/other accounts of the incident, that were obtained during the investigation described the opposite. One version was that the staff walked over to the child that had slipped and fell and proceeded to hit or “pop” the child in the mouth. A few other versions were described as, the staff walked over to separate the children, once there, the staff went up to the child, that had hit the other with the toy, and slapped the child, in an upward motion, underneath the chin.
Based on interviews conducted, facility documentation, and additional pertinent information obtained, the preponderance of evidence standard has been met, therefore the above allegation regarding Personal Rights, is found to be Substantiated.
See LIC 9099-D for cited deficiency
LPA Lopez informed the Assistant Director Jennifer De Luna that this report dated January 4, 2023 document(s) (1) Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.
A notice of site visit was given and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days.
Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
Also, LPA Lopez informed the Assistant Director Jennifer De Luna to provide a copy of this licensing report dated January 4, 2023 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.
Exit interview conducted and report was reviewed with the Assistant Director Jennifer De Luna. |