Incident investigation·January 8, 2024

Page 1 On 1/8/2024 Licensing Program Analyst (LPA) A. Silva conducted an unannounced incident investigation. This is a continuation of the investigation initiated on 10/20/2023. Upon arrival, the LPA met with Director Derek Weinmann and informed the director of the purpose of the visit. A review of the Facility Personnel Report Summary shows all facility staff or individuals who require caregiver background checks have received a criminal record clearance and a child abuse index clearance or an exemption clearance. The census at the time of the visit was 101 children ages two to six. The Department received an incident report on 10/09/2023 alleging that a staff disciplined a child inappropriately. Interview with staff: On 10/20/2023 five staff were interviewed about the allegations. Staff #5 (S5) disclosed that video footage showed Staff #1 (S1) forcing Child #1 (C1) down to the ground by holding the child's hand to force the child pick up an item. S5 added that when the child picked up the item, S1 pulled the child up and forced the child to put the item away. S5 also disclosed that S1 was terminated after the incident. In an interview conducted on 12/06/2023, S1 corroborated that he/she no longer works at the childcare facility and denied any wrongdoing. All other staff claimed to not know whether the allegations happened or denied the allegations happened. C1 did not suffer any injuries. Interview with children: On 10/20/2023, the LPA attempted to interview Child 1 (C1). C1 was non-verbal and did not qualify for an interview. All other children in the classroom were non-verbal due to their young age. None of the children qualified for an interview. Continue on Page 2 Page 2 Interview with Parents: On 11/1/2023, 10 parents were called for an interview. The LPA was able to interview seven out of the 10 parents. Parent #1 said that he/she was in the classroom and witnessed S1 grab C1 by the wrist, drag the child towards a toy, and hit the child’s hand on the toy to force C1 to pick up the toy. The rest of the parents interviewed did not provide any information that corroborates the allegations. Parents P3, P9, and P10 could not be reached for an interview. Records and Video Footage Review: On 10/20/2023, the LPA obtained records showing staff participatipated in behavioral redirection, positive guidance, and handling challenging behavior training at the childcare center. A performance improvement plan dated 4/18/2022 shows S1 received a written final warning for unacceptable performance and a note to the employee showing S1 overlooked child safety protocol. Video footage was not available for review; according to the administration, the surveillance system holds a copy of the video footage for a limited time and eventually deletes it permanently. Based on records obtained, Staff #1 was terminated in October 2023. Based on records review and interview statements, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. A substantiated finding means that the complaint is substantiated and the allegation is valid, because the preponderance of the evidence standard has been met. Based on the LPA’s observations, records review, and interviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. A substantiated finding means that the complaint is substantiated, and the allegation is valid, because the preponderance of the evidence standard has been met. Continue on page 3 Page 3 LPA A. Silva informed director Derek Weinmann that this licensing report dated 1/8/2024 documents one Type A citation(s). Type A citation(s) must be posted for 30 consecutive days during the hours that children are in care as there is/was immediate risk(s) to the health, safety, or personal rights of children in care. The director was informed that a copy of this licensing report must be provided to parents or guardians of all clients currently enrolled by the next business day or by the next day the children are in care, a copy of this report must be provided to the parents or guardians of all newly enrolled clients for 12 months from the date of this report, and a signed Acknowledgement of Receipt of Licensing Report (LIC 9224) form, or another written equivalent statement, must be placed in the child's file for verification of receipt of the report. An exit interview was conducted with Director Derek Weinmann. The Notice of Site Visit was posted during the visit. The director was informed that 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 rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. First-level appeals should be sent to the regional manager to the address listed above. END.