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32 | Continue from LIC9099
According to CD’s statement, she reviewed all the electronic tablets at the facility, and she did not find evidence of the alleged inappropriate photos S1 took of C1; however, S1 provided a printout of a picture they took of C1 which was on their personal mobile phone. AD stated she didn't notice which device the picture was taken on, and she only saw areas containing the bite mark, C1’s private area was not revealed; and picture did not reveal any personal identifiable information to identify C1. Furthermore, AD confirmed the image she saw looked like a bite on C1’s upper thigh which did not contain blood marks but had teeth indents.
S1 validated they took the picture with their personal cellphone, the photo did not reveal C1’s private area(s) and only captured the injury on C1’s leg, the photo was deleted on 05/01/25 after S1 talked to PD. P1 reported concern about the picture being taken on S1’s personal cellphone, and P1 was uncertain if the picture included C1’s groin area because they never saw the picture. During C1's interview, there was no indication C1 felt uncomfortable at preschool.
LPA reviewed PD report which described that on 05/01/25, S1 allowed PD to review the contents in phone’s photo library including the picture photos of C1, PD did not note any concern(s) and concluded that the image stored on S1’s phone only revealed the injury on C1’s left thigh which S1 subsequently deleted from their phone. The facility submitted a copy of the photo, documents detailing employee procedures and policies which specified, “Do not use your own camera or phone”; revealing S1 did not comply with the facility’s own plan of operation policy.
Based on the information gathered during this investigation, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the allegation occurred and therefore is determined to be unsubstantiated.
There were no Title 22 deficiencies cited. This report was reviewed and discussed with Assistant Director, Traci Marshall. Appeal rights were provided.
Notice of Site Visit shall be posted for 30 days from today's visit. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. |