complaint·November 7, 2023

Based on records review and confidential interviews, the preponderance of evidence has been met and the allegation that staff restrained a child is substantiated. The facility is in violation of Title 22, Section 101223(a)(3) Personal Rights which poses a potential health, safety and/or personal rights risk to children in care. Per instructions from management, LPA Hamilton will not be issuing a deficiency for Section 101223(a)(3): Personal Rights, due to the facility recently receiving deficiencies under this section on 09/21/23. An exit interview was conducted, this report, appeal rights and Notice of Site Visit was explained and provided to Director. Director was reminded that the Notice of Site Visit must be posted for 30 consecutive days and failure to post the notice will result in civil penalties of $100.00. In addition, due to age of child, LPA was unable to conduct an interview and was unable to corroborate allegation. Regarding the allegation that staff splash water on children so they don’t fall asleep, it was alleged that two staff splash water in the children’s faces if the children start to fall asleep before nap time. Pertinent interviews resulted in conflicting information being provided to LPA. Pertinent interviews revealed that there have not been any witnesses, nor has anyone observed staff splash water in the children’s faces; whereas other confidential interviews revealed that this did occur. In addition, due to the fact that the children are infants and non-verbal, LPA was unable to conduct interrviews and corroborate allegation. Based on confidential interviews, the allegations that staff spoke inappropriately to children and staff splash water on children so they don’t fall asleep, may have occurred, however is not supported or proven by evidence. Therefore, the allegations are unsubstantiated. An exit interview was conducted, a copy of this report, appeal rights and Notice of Site Visit were provided to Director. The director was reminded that the Notice of Site Visit must remain posted for 30 consecutive days.