complaint·December 15, 2023

Page 2 During the investigation LPA Odom interviewed 5 staff members, 7 children, 4 parents, conducted a facility inspection, and reviewed the children’s roster, and personnel report. During the investigation, Staff #5 (S5) was interviewed on 11/09/23. S5 stated on 09/28/23 there was a book fair at the childcare center that day. Adult #1 (A1) came to the childcare center to purchase books for C1, that same day after purchasing books A1 signed out C1 from the childcare center. Shortly after C1 was signed out, Staff #2 (S2) realized that A1 did not have permission to pick up C1. S2 thought that A1 had permission to pick up C1 because A1 had been dropping C1 at the childcare center for a week. S5 stated they spoke with RP regarding the incident and encouraged RP to add A1 to the list of authorized adults. RP added A1 to the list 2 weeks later. S5 also spoke with S2 and S2 was written up. S5 spoke with all staff to make sure that IDs a being checked before releasing children. During the investigation, 4 staff members were interviewed on 11/09/23. S2 stated on 09/28/23 towards the end of nap time A1 arrived at the childcare center to purchase books for C1. C1 was excited and in the mix of the excitement S2 released C1 to A1 thinking that A1 was authorized to pick up C1 because A1 had been dropping off C1 at the childcare center daily. S2 spoke with RP 20 minutes after C1 was picked up regarding the incident. Staff #1 (S1) stated they were familiar with the incident and S5 spoke with all the staff to make sure ID are being checked before releasing the children in care. On 11/09/23 LPA interviewed 7 children. All the children disclosed they are happy at the childcare and they like attending the childcare center. On 12/08/23 and 12/13/23 LPA attempted to interview 12 parents however only 4 parents were available for interviews. None of the parents disclosed any concerns about the childcare center. All of the parents were satisfied with the childcare center. Based on LPA’s facility inspection, observations, interviews conducted with 5 staff members, 7 children, 4 parents and records reviewed, it has been determined that S2 did release C1 to an unauthorized adult. Therefore, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated. Continue to page 3 Page 3 California Code of Regulations, Title 22, 101221(b)(5) Children’s Records is being cited on the attached LIC 9099D. Exit interview was conducted with Director Karina Chavez. Notice of Site Visit was posted during the visit. 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. 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. Page 2 RP arrived to pick up C1 and observed that C1 was crying, and their face was red. RP stated after they arrived home RP observed C1 had a bump on their forehead. RP stated C1 told RP that Staff #1 (S1) hit C1 and is mean to C1. C1 also disclosed that Staff #4 (S4) pushed C1. During the investigation LPA Odom interviewed 5 staff members, 7 children, 4 parents, conducted a facility inspection, and reviewed the children’s roster, personnel report, child’s file, e-mail thread and developmental progress reports. During the investigation, Staff #5 (S) was interviewed on 11/09/23. S5 stated on 11/01/23 S5 spoke with both staff if they had observed a bump on C1’s forehead. Both staff disclosed that they did not observe a bump on C1’s forehead. S5 stated if a child has any type of injury on the face or head even a minor scratch, they will notify the parents, send a picture through the Dojo application, and write an incident report. Staff are supposed to monitor to make sure that the child does not fall asleep, or the injury gets larger. S5 stated their discipline policies are to redirect the children to different areas, like the cozy areas that has pillows, books, soft toys, fidget toys. We are also working with a program called Start Well that is coaching the staff on how to work with a child that has strong emotions. They come and observe the staff and provide feedback and suggestions for the next 6 months. During the investigation, 4 staff members were interviewed on 11/09/23. S1 stated on 10/31/23 after the costume parade, the children went outside to the playground for about 30 minutes, then came back inside for lunch. S1 stated they spoke to the children before going back into the classroom they need to eat their lunch first before having their treats. C1 did not want to eat their lunch and threw themselves on the floor. S1 took C1 outside to help C1 calm down by taking a walk, using the breathing in and out method, pushing against the wall or stomping their feet on the floor but C1 did not want to do any of the calming exercises. C1 continued to throw themselves on the ground. S1 took C1 to water the plants and C1 finally calmed down. S1 and C1 returned to the classroom but C1 saw their plate of food and became upset again, C1 threw themselves on the floor. Staff #2 (S2) suggested to C1 if they wanted to go to the cozy area to help them relax. C1 went to the cozy area in which it seemed to help for a moment but C1 began to cry louder. Continue to page 3 Page 3 S1 requested to S5 about calling RP so C1 can speak with RP over the phone to see if that would help C1 calm down. RP did not speak with C1 over the phone, instead 5-10 minutes later RP picked up C1 from the childcare center and did not have time to speak with S1. About 3 hours later after C1 was picked up from the childcare center, RP sent a picture of a bump on C1’s forehead. S1 stated the following day S1 spoke with RP and explained what had occurred the previous day with C1. S1 told RP that there might be a possibility C1 might have hurt themselves during the multiple times C1 threw themselves on the ground, but S1 did not observe any bumps of C1’s forehead before C1 was picked up from the childcare center. S2 stated they did not observe a bump on C1’s forehead, especially after they were also attempting to help C1 calm down with a breathing technique, S2 asked C1 to look at S2’s nose and take deep breaths. S1 denied hitting C1 or any child in care. Staff #4 (S4) denied pushing C1. S4 stated C1 was in their classroom the previous school year and C1 had big emotions that would happen daily. S4 would encourage C1 if they wanted to go to the cozy area to help them calm down. S4 disclosed C1 would become frustrated because C1 couldn’t verbally express their emotions. Staff attempted to speak with RP to communicate C1’s difficulties and provide assistance but RP never followed through with the referral. During the investigation, 7 children were interviewed on 11/09/23. All the children disclosed they are happy at the childcare and they like attending the childcare center. All the children disclosed that their friends will go to the cozy area when they are not listening. On 12/08/23 and 12/13/23 LPA attempted to interview 12 parents however only 4 parents were available for interviews. None of the parents disclosed any concerns about the childcare center. All the parents were satisfied with the childcare center. All the parents disclosed their children like attending the childcare center. Based on LPA’s facility inspection, observations, interviews conducted with reporting party, 5 staff, 7 children, 4 parents and records reviewed it was determined there was insufficient evidence that staff hit or pushed C1 and C1 sustained an unexplained injury while in care. 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. Continue to page 4 Page 4 Exit interview was conducted with Director Karina Chavez. Notice of Site Visit was posted during the visit. 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. 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.