complaint·April 24, 2024

were no witnesses to the incident and the staff involved denied handling the child roughly. In Addition, interviews with children disclosed that none of the children have been handled roughly or witnessed another child being handled roughly. Based on confidential interviews, observations and record reviews, the allegation that staff handled day care child in a rough manner, may have occurred, however is not supported or proven by evidence. Therefore, the allegation is unsubstantiated. An exit interview was conducted, a copy of this report, appeal rights and Notice of Site Visit were provided to Director and the Director was reminded this notice must be posted for 30 days. aware of any allergic reaction to the milk. Per records review, the CCC was provided this information December 20, 2023, at enrollment prior to the child’s attendance in January 2024 and it was also recorded that child had a dairy free diet. Also, there was a note on the Food History form that the parent completed that indicated that the child had an allergy to milk. In addition, confidential interviews also disclosed that the child’s teacher at the CCC was verbally advised of the allergy on the child’s first day of school, January 9, 2024. The same teacher was also advised of the reaction to the milk via text message on Class Dojo in January 2024. Confidential interviews disclosed to LPA that children with allergies can not start school until their medical documentation is received and a plan is in place. Confidential interview disclosed that there were multiple conversations with parent and health clerk regarding this issue prior to child being enrolled in December 2023. During the course of investigation, LPA reviewed the child’s file and observed a food history form that was submitted by the parent and was amended the same day 12/20/23 that stated that the child was eating dairy now; However, the form still indicated that the child had an allergy to milk. This form was amended by CCC. Based on record review and confidential interviews conducted during the investigation, the preponderance of evidence standard has been met and the allegation that staff did not meet day care child’s dietary needs is substantiated. The facility is being cited for violation of Title 22 Section 101227(a)(7)(B) Food Services which poses a potential health, safety and/or personal rights risk to children in care, see LIC 809-D. An exit interview was conducted, a copy of this report and Notice of Site Visit was provided to Director and appeal rights were discussed. Director was reminded that the notice of site visit must remain posted for 30 days and that civil penalties may be assessed it this regulation is violated.