Incident investigation·May 13, 2024

A Case Management inspection is being conducted in response to the receipt of an Unusual Incident Report (UIR) from the facility. Licensing Program Analysts (LPAs) Blanca Ruiz and Rachel Zeron met with Active Director, Liz Martinez, to follow-up on the UIR submitted to the department on 05/07/2024. Prior inspection at facility was 05/08/2024. Parent(s)/Legal guardian of child(ren) of the involve in the incident are aware of all details. Facility was toured and census was taken. Interviews were conducted with pertinent parties and records were reviewed. Facility serves age group: 2 to 5 years of  age. Facility records were review and observations were conducted during daycare hours. It was alleged that during the transition from lunch to nap time, Child#1 requested to go to the restroom and Staff #1 was assisting with cots setup for naptime and dismissed child's request as Child#1 had confirmed to Staff#1 going to the restroom few minutes before nap time. It was also reported that Staff#1 allegedly pushed Child#1 with the knees as the child was crawling on the cot restless, bumping the child on the side of the cot, moments later the child fell a sleep. Immediately after alleged incident took place, facility reported to licensing in a timely manner. A random group of children including Child#1 were interview to verify substantial compliance of Personal Rights and Supervision issues as per Title 22 regulations. Children expressed to be happy and they did not disclose any concerns of being harm or threaten at the facility by Staff and/or Staff #1. Facility conducted an internal investigation regarding this matter and Staff#1 was cleared to return to work on 05/13/2024 at the facility under a different assignment. Based on the information gather, there was not substantial evidence that the incident occurred as stated; therefore, no violation(s) have been identified. An exit interview conducted, and report was reviewed with Active Director, Luz Martinez. 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. THIS REPORT MUST BE AVAILABLE TO THE PUBLIC, UPON THEIR REQUEST, FOR THREE YEARS