complaint·August 23, 2022

Page 2/4 There were 16 staff and 108 children total. Staff-child ratio was met. All staff have Criminal Background Clearance and are associated. Throughout the course of the investigation, two photos, a copy of statements written by two staff were obtained; and six photos were taken. Interviews were conducted with the Reporting Party (RP), four staff and two children. -Pertaining to the allegation that “Staff handled daycare child in a rough manner causing injury”: The allegation refers to an incident which occurred on Tuesday, July 19, 2022, when Staff #1 grabbed Child #1 by the arm(s), breaking skin, leaving three separate red, circular marks on the child’s left bicep. The two photos obtained show that at least two of the red marks have fingernail indentations. On July 19, at around 03:30 pm, in P2, the “Clean up” song was playing and children were asked to clean up what they were playing with before going outside. There were two staff with 12 children. Child #1 began going around the classroom and telling fellow classmates to clean up, repeating what Staff #1 had stated. First, Child #1 went to a child playing with trains at one table and pulled up the track, causing the child to scream and the attention of Staff #1 went on Child #1. At a second table, Child #1 grabbed a doll out of another child’s hand, causing that child to tell Child #1 to “stop.” Child #1 then proceeded to the carpet area, where Child #2 had built a block tower with large blocks; Child #2 also had plastic dinosaurs with them. Child #1 knocked the block tower down and then got on the ground and continued to mess up the blocks. Child #2 screamed and Staff #1 observed that Child #2 was going to hit Child #1 with a plastic dinosaur. Staff #1 then grabbed Child #1 by their left arm and pulled them to a stand up position Page 3/4 in order to prevent them from getting hit. Staff #1 had not realized they had dug their fingernails into Child #1 as Child #1 did not react afterwards. (When interviewed separately, the other staff in the classroom, Staff #2 varied from this version only in stating that it appeared that Child #2 was going to throw the dinosaur at Child #1.) No injury or incident report had been completed because the marks were not seen prior because Child #1 had worn a long-sleeved shirt/pajama top to school. Per RP, the marks were no longer visible as of Saturday, July 23. When LPA interviewed Child #1, no marks were visible. The RP saw the marks the night of July 19. When asked how Child #1 sustained the marks, Child #1 stated that Staff #1 had grabbed and moved them. When asked why Staff #1 had moved them, Child #1 did not explain. RP immediately sent a message to the Lead Teacher of the classroom, wanting to know why Staff #1 had moved Child #1 in such a manner that three marks were sustained. As no explanation was provided to RP until July 21, Child #1 did not return to the Center until July 22, as RP wanted to ensure that Child #1 was “safe” at school and was not scared to return to the class with Staff #1. When LPA interviewed Child #1, child admitted to knocking down the block tower. LPA attempted to interview Child #2, but child is non-verbal. As a result of this incident, Staff #1 was taught better techniques to utilize in the future in order to prevent reoccurrence of a child sustaining marks while trying to move them out of harm’s way. Page 4/4 As the accounts of Child #1, Staff #1 and Staff #2 are consistent in that Staff #1 moved Child #1 to prevent Child #1 from getting hit, and not due to malicious intent, but as Child #1 sustained fingernail marks which were visible for four days, the allegation has been determined to be Unsubstantiated. This agency has investigated the complaint alleging that “ Staff handled daycare child in a rough manner causing injury” and that there was a violation of Title 22, Division 12, Chapter 1, Article 06, Section 101223 Personal Rights. Based upon the evidence as presented above, the allegation has been determined to be Unsubstantiated. A finding of Unsubstantiated means that 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. No deficiencies are being cited for the allegation listed above. 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 Assistant Director Ruby Escamilla.