Complaint·May 13, 2022

Page 2 The Department received a complaint on 03/03/22 alleging Licensee hits children on the head, throws children to the floor, and pulls children\342\200\231s ears. The reporting party (RP) stated their children told RP that licensee is abusive to the children in care by hitting the children on the head and throwing them to the floor. During the investigation LPA Odom attempted multiple times to interview reporting party. LPA left voicemail messages with the RP requesting a call back and sent several emails requesting the RP to contact the LPA. LPA didn\342\200\231t receive any responses back from the voicemail messages or via email. LPA interviewed Licensee, 1 staff, 1 adult, 5 parent, and reviewed the Children\342\200\231s Roster. LPA did not interview children due to roster being the same (no new children) and the children were previously interviewed on 12/14/22 and 1/26/22 for similar allegations of personal rights. During an interview on 03/09/22, Licensee (S1) stated on 12/08/21 at 3:30pm, S1 and Adult #1 (A1) had a disagreement at the childcare facility, S1 told A1 to do their chores upstairs, while A1 was upstairs A1 recorded a video of a child crying in the childcare which is located on the first floor, and then sent the video to RP. Later, that day S1 received phone calls from family members and parents informing S1 that RP had posted the recorded video of a child crying on social media with negative comments that S1 is abusing the children in care. LPA Odom viewed the video. There is no image of any child on the video, but LPA was able to hear a child crying. S1 stated on 12/08/21 during the argument with A1, S1 observed that Child #1 (C1) push Child #2 (C2) in the hallway of the childcare area causing for C2 to cry. While S1 was attending to C2, A1 was video recording C2 cry from the second floor of the facility. S1 denies hitting C2 or any other children in care and denies they have ever thrown children to the floor. During an interview on 5/13/22, 1 staff member was interviewed. Staff #2 (S2) stated they deny hitting children on the head, throwing children on the floor or pulling children\342\200\231s ears. S2 stated if a child is not listening staff will talk to the child and redirect the child to a different activity. S2 stated if a child does not behave, they will be placed on time out for 1-2 minutes. S2 stated they have never observed S1 hit a child on the head, throw a child on the floor or pull their ears. Continue to page 3. Page 3 LPA Odom interviewed Adult #1 on 3/9/22. Adult #1 (A1) stated RP\342\200\231s allegations are not true. A1 stated on 12/08/21 they had seen RP, and the visit was stressful. A1 did not know that RP was going to post the video with negative comments on social media. A1 disclosed they has never observed S1 or S2 yell or hit the children in care. A1 stated if a child is not listening or misbehaving S1 will give them time out and they have to sit on the bench. LPA Odom previously interviewed 4 children on 12/14/21 and 01/26/22. All of the children denied that the staff yell or hit the children in care. Children interviewed stated if a child is not listening or misbehaving S1 will give them time out by sitting on the bench. During the interviews all 4 children disclosed that they did not observe or remember seeing C2 crying in the hallway. LPA Odom attempted to interview parents that previously attended the childcare facility, but the numbers were disconnected, or the parents did not return the call to LPA Odom. On 5/12/22 LPA Odom attempted to interview 7 parents from the current children\342\200\231s roster, however, 5 parents were available for interviews. All of the parents are satisfied with the childcare facility and they do not have any concerns. Based on LPAs facility inspection, observations, interviews conducted with licensee, 1 assistant, 4 children, 1 adult, 5 parents and records reviewed, it has been determined there was insufficient evidence that licensee hits children on the head, throws children to the floor, or pulls children\342\200\231s ears. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are Unsubstantiated. Exit interview conducted and report was reviewed with the licensee Gloria Lemus. A notice of site visit was given and must remain posted for 30 days. Appeal Rights were explained. The Licensee was provided a copy of appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights. All appeals must be in writing and received by the Regional Office within 15 business days. First level appeals should be sent to the regional manager to the address listed above.