Complaint·January 26, 2024

Allegation 1) Staff handled a child roughly. Interviews with the complainant: On 11/7/2023, the LPA called the complainant for an interview. The complainant disclosed that her/his spouse witnessed Staff #1 (S1) grab and yank Child #1 (C1) from the underarm area while the child cried on the ground. Interviews with staff: On 11/8/2023, the LPA interviewed four staff at the facility and obtained a written statement from a fifth staff who was not present at the facility. Staff 1 (S1) said she/he yanked the child \342\200\234for safety reasons\342\200\235 to prevent the child from hitting her/his head on furniture and denied any wrongdoing. All other staff asserted they did not see the incident happen and could not confirm or deny whether the allegation happened. Interviews with children: On 11/8/2023, the LPA attempted to interview children. Children were nonverbal and unable to corroborate whether the allegations happened. Interviews with Parents: On 1/16/2024, the LPAs called seven parents. The LPAs reached two parents. The other 5 parents did not respond to the Department\342\200\231s request for an interview. None of the two parents interviewed disclosed any information that could help corroborate or dismiss any of the allegations. Allegation 2) Staff inappropriately disciplined a child. Interviews with the complainant: On 11/7/2023, the LPA called the complainant for an interview. The complainant disclosed that three adults claimed to have witnessed Staff #1 put Child #1 and other children in time-out/isolation in the restroom as a form of discipline. CONTINUE ON NEXT PAGE Interviews with staff: On 11/8/2023, the LPA interviewed four staff at the facility and obtained a written statement from a fifth staff. Staff S1, S2, and S3 all corroborated that the restroom was used to manage children\342\200\231s challenging behaviors. S1 said that when there are \342\200\234children crying, yelling we cannot continue because it is too loud. We take that child to the restroom and have a teacher with them.\342\200\235 S2 disclosed that \342\200\234the only time the kids would be in the restroom is during circle time when they wouldn\342\200\231t be able to calm down\342\200\235 and added that \342\200\234during circle time the head teacher would tell [staff] to take them [to the restroom] to calm down.\342\200\235 S3 also disclosed that the staff tells the children \342\200\234to go to the restroom to calm down\342\200\235 and asserted that a staff member always accompanies children in the restroom. S4 stated that the administration was investigating the practice of isolating children in the restroom and asserted that the practice is not widespread in the school. S4 stated the practice has stopped. Interviews with adults: On 11/08/2023, the LPA interviewed three adults about the allegation. Adult 2 (A2) disclosed that \342\200\234the form of punishment in that classroom when a child is acting out or being excessively loud, it would be like [C1] do you want to go to the bathroom? [S1] would send a teacher who's helping to pick up the child or children and take him or them to the bathroom.\342\200\235 A2 provided more examples of reasons why a child would be sent to the restroom to \342\200\234calm down\342\200\235 including playing with toys, \342\200\234throwing a tantrum,\342\200\235 and having a \342\200\234meltdown.\342\200\235 A2 also stated, \342\200\234At some point, [C1] would not want to go to the bathroom to get a diaper changed because [C1] associated the bathroom with punishment.\342\200\235 Adult 3 (A3) similarly disclosed that the restroom was used to isolate a child until the child calmed down. A1 stated she/he did not witness the events described by A2 and A3. Allegation 3) Staff intimidated a child. During the interviews conducted on 11/08/2023 with staff and adults, it was disclosed that the teacher intimidated the children using a threatening tone and by getting in the child\342\200\231s face. CONTINUE ON NEXT PAGE Interviews with adults: During the interview, A2 disclosed that when a child was exhibiting challenging behavior the staff would ask \342\200\234Do you want to go to the restroom?\342\200\235 and added that \342\200\234the tone the [staff] used was very threatening when saying, do you want to go to the bathroom?\342\200\235 A2 also disclosed that the staff \342\200\234got on [child\342\200\231s] face\342\200\235 in at least two instances. When asked what getting in the child\342\200\231s face meant, A2 explained that S1 \342\200\234would get about 5 inches away from the child\342\200\231s face and then say things like do you want to go to the bathroom?\342\200\235 Interviews with staff: During staff interviews, S1 corroborated that she/he would get close to children\342\200\231s faces \342\200\234because you have to make eye contact with the children, otherwise they will not listen.\342\200\235 Staff #2 denied that S1 intentionally threatened the children but recognized that S1 appeared \342\200\234to come hard on the children\342\200\246 to get them to do what they are supposed to be doing.\342\200\235 S1 denied any wrongdoing. Based on conducted interviews, the preponderance of evidence standard has been met, therefore the above allegations that staff handled a child roughly, staff inappropriately disciplined a child, and staff intimidated a child are found to be SUBSTANTIATED. A substantiated finding means that the complaint is substantiated, and the allegations are valid because the preponderance of the evidence standard has been met. A citation was issued (See LIC9099D) per CCR 101223(a)(1)(3) Personal Rights. LPA A. Silva informed Director Heather Lambert that this licensing report dated 1/26/2024 documents one \342\200\234Type A\342\200\235 citation(s). Type A citation(s) must be posted for 30 consecutive days during the hours that children are in care as there is/are immediate risk(s) to the health, safety, or personal rights of children in care. LPA A. Silva further informed Director Lambert 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 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. CONTINUE NEXT PAGE An exit interview was conducted with Director Heather Lambert. 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.