complaint·June 23, 2022

Page 2 of 2 On 6/17/2022 LPA interviewed 8 staff regarding the above allegation. Later, LPA interviewed additional 4 staff who were not available on that day. LPA attempted to interview staff # 1. During the course of interviews, the school administrators, stated staff # 1 denied the above allegation. The school administrators stated that they heard staff #1 using loud voice on the playground and they consulted her for her tone of voice. The administrators stated staff # 1 never yelled at children to shame them. They said they re-directed staff # 1 to talk to children in positive phrases instead of telling them "No. The administrators stated they took action against staff # 1 after school's internal investigation. During the course of interviews with staff, one staff stated staff # 1's tone of voice is very firm and not nice and scares the kids. One other staff stated staff # 1 has a stern tone of voice but not raised voice, children would slightly be intimidated. Another staff stated staff #1 has a loud, stern voice. If a child has a potty accident, she would say "you need to tell me before" but not scolding at them for that reason. One staff stated she did not witness staff # 1 yelling at children in a mean manner. Another staff did not witness any yelling. One other staff stated she has observed staff # 1 raising her voice time to time but not screaming at children, and the children would not be scared of staff # 1 or shy away. Another staff stated staff # 1 is strict with children but not yelling at them. Another staff stated she has not heard staff # 1 yell at children or children get scared when they have potty accident. Another staff stated staff # 1 is strict with children and yells at them. She is not sure if children were afraid of her. LPA did not interview children for this allegation due to the age of children being too young for interview. Based on the interviews conducted with a total of 12 staff, there were discrepancies among the staffs' statements regarding above allegation. Therefore there is not enough proof or evidence to support the occurrence of the allegation. This agency has investigated the complaint alleging "Staff yells at day care children."; 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, therefore the allegation is unsubstantiated. Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The director was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. Exit interview was conducted with director, Toni Kelly. End of report. Page 2 of 2 injuries from being grabbed. The facility representative also self reported this incident to Regional Office. On 6/17/2022 LPA interviewed 8 staff regarding the above allegation. Later, LPA interviewed additional 4 staff who were not available on that day. LPA attempted to interview staff # 1. LPA obtained police report for this incident as well. According to police report, child did not have any visible injuries when they did a health check on child. During the course of interviews with staff, one staff stated there was one incident that she witnessed on June 7, 2022 at nap time. Child was moving around. Staff #1 picked up the child with her two hands by child's upper arms forcefully, putting child on the cot. Then she put her hand on child's chick to move it towards her to look at staff # 1. Another staff stated she has not witnessed any physical movement from staff # 1 but stated children are slightly intimidated. Another staff stated she has seen staff # 1 grab children by arms and putting them down not gently. Staff # 1 was harsh towards children. One staff stated she has observed staff # 1 to be strict with children if they were not listening. Another staff person stated she has seen staff # 1 to be harsh with children. Staff # 1 was angry with children. The school administrators stated staff # 1 denied violating children's personal rights. The administrators stated they neither witnessed any inappropriate physical behavior from staff # 1 towards children, nor did they hear any staffs' comments in the past regarding staff # 1 being physically inappropriate towards children. The administrators stated they conducted their internal investigation and took action against staff # 1. Based on the interviews which were conducted with 12 staff, and obtaining police records, the preponderance of evidence standard has been met, therefore the allegation of “Staff handled day care child in a rough manner" is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter 12, Section 101223.2 Discipline is being cited on the attached LIC 9099D. Notice of Site Visit was posted. The notice of site visit must be posted for 30 consecutive days. Failure to post will result in civil penalties of $100. The licensee was provided a copy of their appeal right (LIC 9058 1/16) and their signature on this form acknowledges receipt of these rights. Exit interview was conducted with director, Toni Kelly. End of report.