complaint·September 20, 2022

Although the confidential interviews revealed that the time the children are allowed to wash their hands varied based on the reason for use of the restroom and reason for limitation, LPA found that the information obtained was consisted with the allegation. Based on the information obtained, there is a preponderance of the evidence to prove that the children are limited in washing their hands. Therefore, the allegation is substantiated. Appeal rights are included with this report and deficiency was cited. A Notice of Site Visit (LIC 9213) was given and must remain posted for 30 days. Exit interview conducted and report was reviewed with Director, Evelyn Garibay. The confidential interviews revealed that children are told to wear their jacket or to take their jacket with them outside, if they are cold but are not forced to wear their jackets. The interviews also revealed that the facility ensure the safety of the children by having the children remain in the cafeteria and/or play in the shaded areas, if the weather is hot outside. Based on LPA's own observations, the noise level with the children inside the cafeteria is loud and staff raise their voice to be heard over the noise inside the cafeteria. LPA was unable to obtain sufficient evidence that staff yell at children, violating the children's personal rights. Although the allegations may have happened or is valid, there is not a preponderance of the evidence to prove that a teacher intimidates the children, a teacher yells at the children, and the children's comfort level is not considered; t herefore, the complaint allegations are unsubstantiated. No deficiencies were cited in relation to the allegations. A Notice of Site Visit (LIC 9213) was given and must remain posted for 30 days. Appeal rights were provided and discussed with the facility representative. An exit interview was conducted and a copy of the report was provided to Director, Evelyn Garibay.