Complaint·May 7, 2024

Allegations 2 and 3: The second allegation states that the facility’s staff yelled at children in care. The third allegation states that children are made to stand for extended periods of time. During interviews the following was discovered, the teachers in the preschool classroom are Staff 1, Staff 2, and Staff 3; however, that has changed as staff have rotated out of the facility often and for coverage throughout the year for the classroom. On 2/26/2024, LPA arrived at the facility and walked into the lobby of the facility. LPA was able to hear a staff member yelling at children to “sit down” and that the children were “not listening;” that staff member was Staff 3. After a few minutes, the staff at the receptionist window allowed the LPA to enter the facility and led the LPA to an office behind the reception area and the LPA was able to setup while waiting for the Director to arrive at the facility. During the time the LPA setup and waited for the Director, it was approximately 25-30 minutes, the LPA was able to clearly hear Staff 3 yelling at the children, admonishing the children for not sitting down and not listening through the closed door of the classroom and the office. Upon arrival of the Director, the LPA spoke with the Director about being able to hear Staff 3 yelling at the children for not sitting and listening while we were in the closed office and how it was a violation of the children’s personal rights. The Director immediately acted and went to the preschool classroom and addressed the behavior of Staff 3 yelling at the children; Staff 3 did lower their voice when addressing the children while the LPA was present conducting the remainder of the visit. When LPA walked in the classroom with Staff 3, the children were very reserved, they would not make eye contact or speak to the LPA even when spoken to directly, they were not speaking to each other or engaged in any activities; the children were looking down and sitting in the chairs. LPA observed the behavior of the children to be very abnormal while Staff 3 controlled the classroom. On 4/4/2024, LPA conducted interviews with multiple children at the facility. LPA observed positive interactions between the teaching staff and the children in the preschool classroom, the children made eye contact, they spoke to the LPA, the teacher, and each other, they laughed, they engaged in activities. Staff 3 was not the teacher in the classroom on this day. Many children mentioned that staff yells at the children including Child 2, Child 3, and Child 6. Also, Child 1, Child 2, Child 3, and Child 6 mentioned that the staff do not like when the children do not listen and that children are bad if they are not listening. Staff 1 admitted that they use elevated tones when the children do not listen or sit down. Staff 3 admitted that they have children “sit out for five minutes if the children are not listening.” When asked, Child 2, 3, and 6 mentioned that staff yells at them and Child 2 and Child 3 has stated that it made them sad. Staff 3 admitted children “cry after not listening” and the staff has spoken to them. Parent 2 stated that their child came home and said that the staff was mean and didn’t want to say which teacher; however, the teacher at the time was Staff 3. Staff 1, Staff 2, and Staff 3 admitted that they have the children “sit out” if they “are not listening.” Staff 2 admitted that children have stood in the corner stating that “they stand and refuse to sit down.” When asked about how many children, Staff 2 listed four children and stated that several other children stood in the corner. Child 2 and Child 6 confirmed that the children have been made to stand in the corner and, also, they have to sit out when the children are not listening. Multiple children singled out and named Staff 3 by name as the staff member that makes the children stand in the corner, yells at them, and made the children feel sad or cry. Staff 3 engaged in an emotional outburst that was not witnessed by the children in care; however, the children were sleeping. As a result of Staff 3 behavior, they were released from employment. Staff in the preschool classroom have acted in violation of Title 22 Regulations. This is a Type A citation, see the LIC 9099D for the details. Based on information obtained, observations, and interviews with relevant complaint parties, the Allegation is deemed substantiated for allegations 2 and 3; as a result, Type A citations will be issued for the allegations. A finding of substantiated means that allegations were valid because the preponderance of the evidence standard has been met. As a Type A deficiency has been cited, a copy of the citation and licensing report must be posted for 30 days. The same report must be provided to Parents/Guardians and the Acknowledgment of Receipt of Licensing Reports LIC 9224 must be signed by Parents/Guardians of all enrolled children and any newly enrolled children in the next 12 months following the citation. If these requirements are not met, civil penalties per violation will be assessed. An exit interview was conducted, a copy of this report read and provided to the Director, and the Notice of Site Visit and Appeal Rights was explained and given to the Director. Allegation 1: the first allegation stated that staff handled children in a rough manner. During the investigation, it was revealed that although staff did mention putting their hands on the children, they do not say it was in a rough manner. There has been no mention by the children, or other relevant parties, of being handled in a rough manner by any of the staff. After reviewing the relevant information obtained, there is not a preponderance of the evidence to support the allegation. Allegation 4: the fourth allegation stated that staff interfered in toileting needs. During the investigation, it was revealed that children are taken to the restroom in groups of four and although there may be some delay if a group has just gone, then other staff comes to take other children to the restroom when they require it. There has been no mention by the children, or other relevant complaint parties, of being interfered with in their toileting needs. After reviewing the relevant information obtained, there is not a preponderance of the evidence to support the allegation. Allegation 5: the fifth allegation stated that staff did not prevent children from hitting other children in care. During the investigation, it was revealed that although there was some hitting between the children, that the hitting was addressed by staff and did not exceed normal interactions of children of that age group. Also, there is a process in place that is being followed by the staff to ensure children are not being allowed to hit one another. The children, and other relevant complaint parties, have supported that the process explained by the staff is actually being followed at the facility. After reviewing the relevant information obtained, there is not a preponderance of the evidence to support the allegation. After observations, record reviews, and interviews, it was determined that there was insufficient evidence that the facility was not ensuring staff are in good health to provide care to children and that staff spoke inappropriately to children in care. The allegations could not be corroborated with the evidence found during the investigation. Therefore, the allegations have been found unsubstantiated. Although, the allegations may have happened or is valid, there is not a preponderance of the evidence to prove that the facility operated in violation of policy in this circumstance. An exit interview was conducted, and a copy of this report was provided to Director along with the Notice of Site Visit and Appeal Rights.