Incident investigation·September 4, 2024

Licensing Program Analyst (LPA), Melchisedeck Augustin made an unannounced Case Management (CM) visit and met with Center Director (CD), Brenda Hardaway, to deliver a citation related to violation of a child’s (C1) personal rights. On 04/09/24, the facility submitted an Unusual Incident Report (LIC 624) to self-report an incident which involved a staff (S1) allegedly picking up and throwing C1 to the floor while they were in the class. It is noted that the facility did not notify the Department of the incident by telephone or fax within the Department’s next working day. LPA made a prior visit to the facility on 04/11/24 to investigate the circumstances surrounding the incident, and at that time, LPA interviewed CD and five staff (S1-S5). The children were unavailable on 04/11/24, however; four children (C1-C4) were interviewed on 07/03/24. CD’s statement supported claims related to S1 violating C1’s personal rights and CD stated that more than one witness in the classroom observed the incident. According to CD, witnesses described C1 was standing, and then S1 asked children in the classroom to sit down to do their homework, C1 verbally responded to S1 which resulted in S1 approaching and picking C1 up with her hands; and threw or pushed C1 to sit on the floor. CD confirmed the facility conducted its own internal investigation and the outcome resulted in S1 no longer employed at the facility. S1 denied claims about putting her hands on C1 and said she did not touch C1, while S2-S5 reported they were not present and they did not witness the incident; S5 did however claim that the children in the class told her about the incident. Interviews with C1-C3 corroborated the children either experienced or witnessed the incident. The children’s statements were consistent with each other, validated S1 was upset & put her hands on C1; and engaged in misconduct. Children reported S1 responded to C1 in an aggressive manner, and words such as threw, pushed, or dropped were used to described how C1 went from a standing to sitting position. (Continue to LIC 809-C) Based on interviews conducted with involved parties, there is enough preponderance of evidence to support claims related to S1 violating C1’s personal rights. Exit interview conducted and report was reviewed with the Center Director, Brenda Hardaway. Notice of Site Visit shall be posted for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. The following Title 22 Deficiencies were observed and cited during today’s inspection. Appeal Rights were provided.