complaint·March 16, 2021

The Department received a second complaint for the same allegation on 01/14/2021 due to new information obtained by the reporting party (RP) related to the allegation. The allegation indicates the child sustained injuries while in care on August 26, 2014. The child was only in care at the facility on this date . The Department initiated the investigation to the alleged violation on 01/22/2021. A thorough investigation was conducted which included interviews with several parties and review of documents pertaining to the alleged violation from 2014. The child was two years and seven months of age during the alleged personal rights violation against the child. The alleged physical abuse included bruising and nail marks on the child’s right arm at the time. Pictures of the alleged physical abuse were presented to the Department as evidence on 08/29/2014 and the pictures were again provided with the complaint on 01/14/2021. Information obtained during this new complaint investigation indicates the child remembered details of the alleged abused that happened on August 26, 2014 during current counseling session. Information obtained during interviews, and counseling notes, indicates the child is currently being bullied by a classmate at the child’s present school, and the recent bullying incident triggered the child’s memory to the alleged abuse from 2014. The RP for the complaint received on 01/14/2021 provided added information of the alleged abuse. The allegation by RP stated the child disclosed information related to the alleged abuse from 2014 during counseling, included being hit with a ruler, slapped, and dragged across the room by a staff while attending daycare at age two. During this complaint investigation the Department conducted interviews with 8 staff, parents, children and the child’s therapist included staff that were present during the alleged personal rights violation in 2014. Information obtained during interviews with staff indicate the child experienced a difficult time adjusting to the childcare. Information obtained during interviews indicate the child would hit, kick, pinch and run from staff. Staff stated they would try to console the child and prevent the child from causing injuries to oneself. There were no disclosures indicating the child’s injuries were sustained at the facility. Staff indicate the child was always cared for and supervised while in their care. Staff deny the child’s injuries were sustained while in their care. LPA Villa conducted interviews with seven children at the facility on 02/11/2021. There were no disclosures made during the interviews related to the complaint allegation. None of the children interviewed expressed any concern of being hurt or injured by staff. LPA Villa conducted interviews with two parents of presently enrolled children. There were no disclosures related to the complaint allegation listed above. No parent expressed any concern about personal rights of the children being violated. LPA Villa attempted to contact additional parents, but none could be reached. Medical and police records were obtained and reviewed involving the alleged allegation. There was nothing in the records that indicated the child’s personal rights were violated while in care. There were conflicting statements made by the child, and none of the statements made by the child involved being hit with a ruler, slapped, and dragged across the room by a staff. The child reported they couldn't remember the names of the “two girls” who were mean during the time in care. LPA Villa asked the facility for records for the child from 2014 pertaining to the complaint allegation. The facility was unable to provide documents from 2014. As required by Title 22 Regulations records to be maintained for the last three years after the termination of services. The facility was in compliance with record keeping regulations. After conducting interviews and reviewing available records, no new information was gathered. Based on the information obtained and reviewed by the Department the evidence obtained does not meet the preponderance of evidence. 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. There were no citations issued related to this complaint investigation. An exit interview was conducted with Assistant Director Danielle Allen and Ms. Karissa Degener. Appeal rights were explained and they were advised that any appeal needs to be sent to Regional Manager at the address on this report. A notice of site visit was not posted by LPA Villa as this was a tele-inspection. However the report and the notice of site visit was emailed to Director and asked for electronic signature from Director and posting of the Notice of site visit for 30 days. Failure to comply in posting the notice of site visit can result in a $100 civil penalty fee.