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32 | Director Meronek stated that interviews were conducted during the investigation by her and KinderCare District Manager Jennifer Liu. Director Meronek stated that the allegation was found to be unsubstantiated and S2 was reinstated in her role as a teacher. Director Meronek stated that C1’s authorized representative was made aware of the allegation and subsequent investigation. A written unusual incident report was received by the LPA from District Manager Liu regarding this incident.
During the Department’s investigation, interviews were conducted with the facility’s staff members S2-S7 on 11/30/22 and 01/24/23. Staff S2 denied the allegation and stated that she never dragged or grabbed child C1 by their arm or roughly handled C1. S2 stated that C1 was swinging a nylon laundry bag with a plastic drawstring cord lock and was at risk of injuring other children. S2 stated that she asked C1 to stop swinging the bag but C1 continued to swing the bag and ran away from S2. S2 stated that she grabbed the laundry bag from the child who released it and began crying. S2 stated that she got down on her knees and informed the child that swinging a laundry bag was dangerous and could hurt a classmate. S2 stated that C1 then walked to their cot to nap by themselves and stopped crying. S2 stated that C1 was never picked up, dragged, grabbed, or pushed. S2 stated that she left the center for a prescheduled appointment approximately five minutes after C1 went down for a nap.
The staff members that were interviewed all corroborated the Center Director’s statements. Staff members that were interviewed all stated that they have never observed staff S2 or any other staff member roughly handle a child. Some staff members stated that they have observed S2 raising her voice with children, however. All staff members that were interviewed stated that they understand that they are mandated reporters and are required by law to report the facts and circumstances that led them to suspect that a child has been abused or neglected. Children in care were also interviewed during the investigation. Children that were interviewed all stated that they felt safe while in care and have not observed any staff member roughly handling a child in care. During the LPA’s site visits on 11/30/22, 02/01/23, and 02/09/23, the LPA did not observe any personal rights violations or any staff member roughly handling children in care.
Based on available information and interviews conducted, there is not a preponderance of evidence to prove the alleged violation did or did not occur. Therefore, the allegation is determined to be unsubstantiated. There were no Title 22 deficiencies cited. This report was reviewed and discussed with the Center Director, Mindy Meronek. Appeal rights were provided. Notice of Site Visit shall be posted for 30 days from today's visit.
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