Incident investigation·November 28, 2023

Page 1 of 2 Licensing Program Analyst (LPA), Mahnaz (Nancy) Malek conducted an onsite case management inspection for the purpose of checking into an incident that the facility reported to our office on 11/20/2023. LPA met with facility representative, Heidi Argent. LPA took census. There were a total of 8 preschool children with 2 staff in room # 43 and there were 13 preschool children present with 2 staff in room 42. According to the self incident report, 3 year old child was pushed in the back by staff # 1. A review of the Facility Personnel Report Summary on this date indicates all facility staff or other individuals who require caregiver background checks have received criminal record and child abuse index clearances or exemptions. (The staff are employees of Capistrano Unified School District). Today LPA interviewed staff # 1, staff # 2, and staff # 3 who were involved in the incident. Staff # 1 denied pushing child # 1. Staff # 1 stated staff did not get physical with the child at all. Staff # 1 stated staff was on the playground with 9 children while staff # 2 was in the classroom with child # 1. Child # 1 got out of the classroom running around the black top on the elementary school site. Staff # 2 was following child # 1 around. Staff # 2 instructed staff # 1 to close the gate so staff # 2 can reach to child # 1 at the gate before the child enters another open area. Staff # 1 stated staff went and closed the gate. Staff # 1 observed child # 1 fell on the bottom gently and got up while staff was playing with the latch of the gate. Staff denied having any physical contact with child # 1. Staff # 1 stated the gate was high and staff could not reach the child on the other side for any physical contact. LPA interviewed staff # 2 whom staff stated was following the child around outside the playground on the black top. Staff # 2 told staff # 1 who was in the playground to close Continued on page 2 Page 2 of 2 the gate so staff # 2 could get to the child at the gate. Staff # 2 stated staff did not see staff # 1 to get physical with child # 1. Staff # 2 observed child # 1 stumbled back at the gate but did not fall. LPA interviewed staff # 3 whom staff said was getting close to the gate on the black top of the elementary school. Staff # 3 who was 20 feet away from the gate witnessed staff # 1 pushed the child back with hands open and child # 1 stumbled back but did not fall. LPA attempted to interview child # 1 but was not successful. There are no other witnesses to this incident. Based on the interviews with 3 staff, and attempted interview with child # 1, LPA found out there were discrepancies in 3 staffs' statements. Therefore there is not enough evidence to prove the incident of staff # 1 has pushed the child back or not. In the areas that were evaluated, no deficiency was cited of the California Code of Regulations, Title 22, Division 12 Section. A notice of site visit was given to facility representative, Heidi Argent. and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days. Exit interview conducted and report was reviewed with the facility representative, Heidi Argent. End of report