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32 | Throughout the course of the investigation, LPA conducted interviews with pertinent individuals, reviewed facility's policies, and collected pertinent documentation, including the subject child’s admission agreement that had the photography consent portion. Upon review, LPA confirmed that the authorized representative/parent had initialed the photography release section and also indicating at the bottom that they did not consent to the release or use of their child’s photographs.
Facility interviews disclosed that their policy interprets parental consent for photography as applying broadly to all purposes, including internal parent communication through daily reporting applications as well as external social media and marketing usage. Facility representatives stated that the family had verbally requested that photographs of the subject child be taken for purposes of daily updates and app-based reporting. However, the facility was unable to provide written documentation reflecting any updated parental authorization or modification to the original signed photography consent agreement.
Due to the documentation available, including the signed admission agreement indicating that the parent/authorized representative did not consent to photography release, and evidence obtained during the investigation confirming that the subject child’s photographs were posted on social media, LPA determined that the facility failed to follow the signed admission agreement. Based on interviews of pertinent individuals that were conducted, and a review of additional pertinent information obtained, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated. Please see LIC 9099-D for cited deficiency.
During the course of the investigation, the facility removed all photographs of the subject child from social media platforms. LPA conducted consultation with the facility and advised that all future changes to photography consent should be documented in writing, including any parental updates or modifications to previously signed agreements. LPA further advised the facility to ensure that if a parent initially declines consent but later changes their preference, updated written authorization should be obtained and maintained in the child’s records.
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. Exit interview conducted and report was reviewed with Shannon Garcia, Director. |