Incident investigation·April 26, 2022

Licensing Program Analyst (LPA) Mahnaz (Nancy) Malek conducted a follow up case management of the facility for an incident which was self reported by the facility representative to our office on 2/4/22. The initiated investigation started on 2/8/22. Today, the Covid-19 Emergency Response questionnaire was answered. LPA met with site supervisor, Heather Casey on the playground with 16 preschool children with one staff form P2 classroom. There were two staff with 12 children in P1 and two staff with 13 children in room 11. LPA met with Michelle O' Neill, Early Childhood Coordinator who arrived during inspection. A review of staff records on this date indicated that all facility staff or other individuals who required caregiver background checks have received criminal record and child abuse index clearances or exemptions. (The employees are exempt from fingerprinting since they are employed by Newport Mesa Unified School District). According to the facility self-report, a witness observed that child # 1 was not complying to the directions given. Staff # 1 reached over and grabbed child # 1 on the upper arms by both of her arms, picked child up slightly, and then put the child back down into the chair, telling the child needed to listen when staff # 1 was speaking. It was reported that staff # 1 reached over and grabbed child #1 with right arm, pulled child's face toward the direction of staff # 1 and told child needed to listen when staff # 1 was speaking. LPA discussed the incident with the site supervisor, Heather Casey. LPA also met and interviewed Michelle O' Neill, Early Childhood Coordinator. LPA interviewed staff # 1, staff # 2, staff # 3, staff # 4 and staff # 5 regarding the above incident. LPA also interviewed 6 children including child # 1. Children did not disclose anything to support the occurrence of the above incident. Staff # 1 stated: She did not have any intention to harm the child. She said they were doing activity at the table. Child # 1 was on the left side of staff # 1. She asked the child to sit up. Child did not answer, child got up and did not move. Staff # 1 said she was a little frustrated and she assisted the child by touching the Continued on page 2 Pafe 2 of 2 child\342\200\231s arm to sit. She picked the child up with child\342\200\231s elbows from where child was sitting. She reached under the child\342\200\231s arm to put the child back on the chair. Staff # 2 stated: She observed staff # 1 got frustrated, reached over and grabbed the child by child\342\200\231s upper arms, picked up the child slightly and put the child back on the chair. Since child # 1 was still moving and standing, staff # 1 grabbed the child\342\200\231s chin while pulling child's face towards staff # 1 telling the child you need to listen when I am talking. Staff # 3 stated she had not observed staff # 1 to be physical with children. Staff # 4 stated staff # 1 is strict. She has observed staff # 1 to be frustrated sometimes and stressed but she had not seen staff # 1 doing anything to children. Staff # 5 stated she has not observed anything bad from staff # 1. Although there are discrepancies in the statements between the accused staff, and the witness, and not adequate available evidence if staff # 1 was physically hard on child # 1. However, staff # 1 admitted that she was a little frustrated so staff # 1 picked child up with child's elbows and reached under child's arm to put the child back on the chair. Therefore staff # 1\342\200\231s behavior was not appropriate and has violated the personal right of the child. This is a potential risk to the health and safety of children in care. Type B citation for Personal Rights of children section 101223(a)(1) was cited on next page. Please refer to LIC 809D. The Notice of Site Visit was posted. Facility representative 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. Exit interview was conducted with Michelle O' Neill, Early Childhood Coordinator. End of Report.