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32 | Regarding the allegation that day care child was sexually abused by an unknown perpetrator, it was specifically alleged that the child was behaving differently and had an odor coming from their diaper leading the Reporting Party (RP) to believe the child was sexually abused. LPA toured the facility inside and out and reviewed diaper changing policies. The facility bathrooms have half doors so that diaper changes can be observed by other facility staff at all times. Additionally, when children are outside and need diaper changes, doors from the bathrooms to the outside remain open. Of the five staff interviewed, none observed any changes in behavior or anything else unusual during diaper changes. It was noted that the child 1 (C1) was only in care for four days.
Regarding the allegation that staff did not properly supervise day care children resulting in unknown injuries, it was specifically alleged that the facility notified RP that C1 was bit in the face, but RP believed C1 was hit in the face with a closed fist. Five staff were interviewed and Staff 4 (S4) confirmed that they witnessed Child 2 (C2) bite Child 1 (C1) on the face and immediately reported it to RP. Additionally, LPA reviewed images of the mark which appeared to be bite marks.
Regarding the allegation that staff handled day care child in a physically inappropriate manner, it was specifically alleged that a female staff member grabbed C1 by the arm to move them to a different area. Five staff were interviewed and all staff denied grabbing C1 aggressively by the arm or seeing other staff grab C1 aggressively by the arm.
Based on LPA’s observations, record review and interviews conducted the allegations that day care child was sexually abused by an unknown perpetrator, staff did not properly supervise day care children, resulting in injuries, and staff handled day care child in a physically inappropriate manner is unsubstantiated. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED.
Appeal rights were issued and discussed with the director and their signature on this form acknowledges receipt of these rights.
Exit interview was conducted and report was reviewed by Director, Elizabeth Arroyo. A notice of site visit was given to licensee and must remain posted on, or immediately adjacent to the interior side of the main door for 30 days. The report must be made available to the public for three years. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. |