complaint·November 14, 2022

LS also conveyed one instance where she stubbed her toe which made LS unexpectedly shout a profane word in the presence of children. The facility’s discipline policy to manage children’s undesired behavior(s) consisted of child(ren) sitting in a chair for timeout for a duration of minute(s) which was related to the child’s age; and initiating conflict resolution between children by separating child(ren) involved in the conflict. Statements provided by three witnesses (C1, C2 & C5) reported hearing LS yelling. C1 described hearing and seeing LS act rude with and curse at children while C2 reported witnessing an incident where LS yelled at another child (C8) in the backyard during recess time due to C8 continued crying. Furthermore, C5 described one occasion where LS became upset and used her right hand to grab C5 by the throat area and yelled at C5 while C5 was sitting on a chair outside. Two parent statements also described that LS was going through a lot, LS’s mind was occupied; and LS appeared overwhelmed. Based on LPA’s investigation, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 & Chapter 1, is being cited on the attached LIC 9099D. Exit interview conducted, and report was reviewed with the licensee, Miranda Aguilar. Appeal rights were provided. 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. LPA Melchisedeck Augustin informed licensee, Miranda Aguilar that this report dated 11/14/2022 document(s) 1 Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care. Also, LPA Melchisedeck Augustin informed the licensee to provide a copy of this licensing report dated 11/14/2022 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. According to LS, the facility’s discipline policy to manage children’s undesired behavior(s) consisted of child(ren) sitting in a chair for timeout for a duration of minute(s) which was related to the child’s age; and initiating conflict resolution between children by separating child(ren) involved in the conflict. LS stated she does not hit children at any time. Statements provided by two related witnesses (C1, C2) claimed that on multiple occasions they saw LS directly hit children in care by either using her hand or a cell phone with the glittered cover when children continued crying or were exhibiting undesirable behavior, however, other interviews could not confirm that these incidents occurred or that there were any other witnesses to such incidents. According to parent interviews, though two parent statements described LS was going through a lot, LS’s mind was occupied, and LS appeared overwhelmed, no parent statements could provide corroborating evidence to confirm that any hitting incidents occurred. Based on LPA’s investigation, although the allegation may have happened or is valid, there is not a preponderance of the evidence to prove that the allegation occurred, therefore the above allegation is found to be UNSUBSTANTIATED. Exit interview conducted, and report was reviewed with the licensee, Miranda Aguilar. Appeal rights were provided. 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 is amended**