complaint·April 8, 2022

It is reported, on an unknown date and time during the week of November 8, 2021-November 12, 2021 a child(ren) was being disruptive in class and taken to Director Monique’s office by the supervising teacher. According to reported information, staff members made different attempts to calm the child(ren) down; however, the child(ren) would not calm down. After attempts were made to calm the child(ren) down, a loud noise (sound of an alarm) was heard coming from a staff member(s) office. According to the reported information, the child(ren) is sensitive to loud noises and the sound of the alarm caused the child(ren) to have an accident on themselves. LPA Hogue investigated the above allegation and gathered the following information throughout this investigation. LPA Hogue interviewed pertinent parties and it was disclosed that some staff members have an alarm on their key ring which is called a “Birdie Alarm.” A “Birdie Alarm” is a device used for personal safety and makes the sound of an alarm with a flashing strobe light to deter a personal attack. According to interview disclosures, some staff members have this alarm on their personal car key ring or facility key ring. According to interviews, on more than one occasion a staff member has heard the “Birdie Alarm” being used by another staff member to alter or modify a child(ren)’s behavior who was disruptive in the classroom. Interview disclosures stated that the child(ren) was sensitive to noise and staff members at the facility were aware of the child(ren)’s sensitivity to noise. On an unknown date and time, interviews disclosed that a child(ren) had an accident while present in a staff member(s) office; however, there was no disclosure that the alarm was the cause of the child(ren) having an accident. LPA Hogue interviewed the suspected staff member(s) and it was disclosed that a child(ren) would think it was fun to pull on a “Birdie Alarm” to make the sound of the alarm go off. According to the staff member(s), the child(ren) would initiate the sound of the alarm, then would cover his/her ears after the alarm was pulled or would make a statement saying, “I don’t like the alarm.” The staff member(s) disclosed that he/she has pulled the “Birdie Alarm” in front of children in the classroom; however, the staff member(s) denies pulling the alarm on one specific child(ren) or to alter or modify a child(ren)’s behavior. Although staff member(s) deny using the “Birdie Alarm” to alter or modify a child(ren)’s behavior, facility staff had knowledge a child(ren) was sensitive to loud noises. Staff member(s) admitted to using the alarm in the presence of the child(ren) with knowledge the sound of the “Birdie Alarm” caused the child(ren) to notify staff members that he/she did not like the sound of the alarm and/or caused the child(ren) to cover his/her ears when the alarm was pulled. Therefore, based on reported information, interviews with pertinent parties, and records reviewed, the Department has determined the preponderance of evidence standard has been met; therefore, the above allegation is found to be SUBSTANTIATED. LPAs informed Director Monique Garcia that this report dated 04/08/2022 document(s) (x1) Type A citation which shall be posted for 30 consecutive days as there is immediate risk to the health, safety, or personal rights of children in care. Also, LPAs informed the Director Monique Garcia to provide a copy of this licensing report dated 04/08/2022 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification. A notice of site visit was given and must remain posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Exit interview conducted and report was reviewed with the Director Monique Garcia .