complaint·April 6, 2023

Upon reviewing records, Staff N.1's  transcripts revealed that he/she has college credits; however, courses on transcripts do not qualify Staff N.1 to work as a qualified Lead Teacher. Based on records reviewed, interviews conducted and staff's own admission. It was confirmed that the facility was out of compliance. Therefore the preponderance of evidence standard has been met, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, (Title 22, divisions & chapter number are being cited on the attached LIC 9099D.) Exit interview conducted and report was reviewed with Director, William Alvarez. Appeal rights were discussed, and 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. After conducting interviews with pertinent parties, LPA Ruiz was able to gather enough information that states the alleged incident of the child not following direction occurred; however, Staff N.2 denies pinching the child. Director conducted an internal investigation and staff was removed from the classroom to verify the information disclosed. Pictures of child's bruise were obtained but our agency is/was unable to determine date and time of pictures to coincide with the exact date of the allegation in question. Child was not assessed the day in question and no additional witness came forward to verify incident.  Child in question is still attending the facility and re-assigned to a different classroom. After a thorough review of the information obtained, there is conflicting information from pertinent parties. Evidence collected is unclear due to no physical assessment being done immediately at the facility by staff to validate allegation and verify injuries to rule out Personal Rights violation(s). After the reported incident took place, pictures were provided to the facility few days later, but this agency was unable to confirm  date and time of photographs taken . Therefore, based on the information gather, there are not enough facts to corroborate the reported allegation. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur. Therefore, allegation is unsubstantiated at this time. During this inspection LPAs were informed that Staff N.2 is no longer working at the facility. Exit interview conducted and report was reviewed with Director, William Alvarez. Appeal rights were discussed, and 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.