complaint·June 6, 2025

Throughout the course of the investigation, LPA conducted interviews and collected documentation. Through documentation and interviews, the following was discovered: It was reported that a child was sent home after experiencing two loose bowel movements within a 45-minute period. The Admission Agreement was referenced, in which states that a child is to be sent home after having three loose bowel movements in one hour or four within a single day. In response, the Director explained that the Admission Agreement had recently been updated due to an increase in cases of diarrhea and similar symptoms among children. The Director acknowledged that the revised policy had not yet been distributed to families but stated it was scheduled to be shared by the end of the month. Title 22 Regulation 101219 (f) regarding Admission Agreements, states that the licensee shall comply with all terms and conditions set forth in the admission agreement. It was determined that the facility failed to comply with the terms of the admission agreement, as the updated Admission Agreement referenced by the Director had not yet been distributed to or signed by parents/authorized representatives. As such, the original Admission Agreement remains the active agreement, and enforcing the revised Admission Agreement was not in accordance with the current Admission Agreement. Child #3 was sent home after experiencing two loose bowel movements in 45 minutes, which does not meet the criteria outlined in the current agreement requiring three loose bowel movements within one hour or four total loose bowel movements in a day. Based on interviews of pertinent individuals that were conducted, and a review of additional pertinent information obtained, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated. See LIC 9099-D for cited deficiency. An exit interview was conducted with Director Joy Kirby, Appeal Rights were discussed and issued, a copy of this report was provided, and a Notice of Site Visit (LIC 9213) was issued. The Notice of Site Visit shall be posted where the parent/guardian of children enter and exit the facility. The Notice of Site Visit must remain posted for 30 consecutive days. Failure to maintain posting as required will result in a civil penalty of $100.00. During the course of the investigation, LPA conducted pertinent interviews and collected pertinent documentation. Allegations were made that staff members spoke inappropriately to children and targeted certain children in care. Additionally, it was reported that a teacher was observed yelling at the children, and that some children were targeted out with the intention of having them disenrolled from the facility. In regards to the allegation of staff members speaking inappropriately to children in care, several staff interviews denied hearing or witnessing what was alleged. Specifically, the subject teacher denied allegations of yelling at children in care. Further, the subject teacher emphasized using a loud and stern tone for children when needed, but never yelling. Subject teacher also stated that they would never and has never yelled at children to belittle or label them. In regards to the allegation of some children being targeted, due to the their behaviors, staff interviews disclosed working with several challenging behaviors at the facility. Further, staff interviews disclosed that the facility has implemented several methods in order to help address the challenging behaviors that were being displayed by children at the facility. It was also stated that the behavioral forms were assessed at the facility, if children displayed behaviors of aggression towards other children or even teachers. Child interviews were conducted, but did not provide sufficient information in order to substantiate the allegation of Personal Rights. This agency has investigated the complaint regarding the above allegations of Personal Rights. Based on the interviews conducted, review of pertinent documentation, the allegations are UNSUBSTANTIATED. A finding of unsubstantiated means, although the allegations may have happened, or are valid, there is not a preponderance of the evidence to prove the allegation occurred. No deficiencies were cited pertaining to this specific set of allegations. A notice of site visit was given and must remain posted for 30 days. Failure to maintain posting as required will result in a civil penalty of $100.00. Exit interview conducted and report was reviewed with Director Joy Kirby.