complaint·November 30, 2022

During the initial investigation visit, Director Poma denied the allegations. The Director stated that she was not present at the center at the time of the alleged incident involving child C1\342\200\231s food being withheld as a form of punishment. The Director stated that a plate of food was prepared for child C1. However, C1 refused to wash their hands as is required for all children before mealtime. The Director stated that C1 was informed that they would need to wash their hands first and would then be provided their food. The Director stated that child C1 eventually complied after being assisted by a staff member and was provided their meal during lunch time. The Director stated that there was an outbreak of hand, foot, and mouth disease at the center during this time. The Director stated that the center was operating out of an abundance of caution and reminding children to frequently wash and sanitize their hands, especially before a meal. The Director stated that it is also the center\342\200\231s policy to wash hands before and after consuming snacks or meals and at every transition. The Director stated that if child C1 continued to refuse, a staff member would have assisted the child in washing their hands and then provided food to the child. The Director stated that food would not have been withheld from that child for refusing to wash their hands. The Director stated that she has never observed or disciplined any staff member for roughly handling a child or speaking to a child inappropriately. The Director stated that the facility never uses any form of corporal or unusual punishment, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature. The Director stated that staff may raise their voice or yell out to a child to get a child\342\200\231s or the group\342\200\231s attention but never to threaten or intimidate a child. The Director stated that she is aware of one incident involving staff S2 in which it was reported to her that S2 yelled out to a child to stop swing a plastic ruler and then grabbed the ruler out of a child\342\200\231s hands. Staff S2 was interviewed regarding this incident and stated that the child was putting other children at risk by swinging the ruler. S2 stated that she first yelled out to the child to stop swinging the ruler and then walked over to the child and grabbed the ruler from the child\342\200\231s hands and reminded the child that rulers are not toys. S2 stated that at no time did she roughly grab or handle the child or yell in the child\342\200\231s face. Furthermore, S2 stated that she denies that she ever spoke inappropriately to any child in care. During the complaint investigation, interviews were conducted with facility staff (S2-S7) beginning on 09/23/22 at 01:06pm and on 10/19/22 at 11:17am. The staff that were interviewed all stated that they have not observed any staff member roughly handling, speaking inappropriately, or yelling directly at a child, or withholding food from a child as a form of punishment. Continued on LIC9099-C Staff S4 and S6 were assigned to child C1\342\200\231s classroom on the day of the alleged incident involving food being withheld as a form of punishment. Staff S4 and S6 both stated that child C1 was provided lunch after washing their hands during lunch time. Staff S4 and S6 stated that food is never withheld as a form of punishment. Staff members interviewed stated that they have heard staff S2 raising their voice with children but have never heard S2 or any other staff member yelling at or threatening a child. The staff interviewed all corroborated the center director\342\200\231s statements. Interviews were also conducted with the childcare facility\342\200\231s clients and children. The clients that were interviewed all stated that they did not have health and safety concerns regarding the center and have not observed any instance where a child\342\200\231s personal rights were violated by a staff member. Clients that were interviewed stated that they have not heard any staff member(s) yelling or making inappropriate statements to children or other staff members. The children that were interviewed during the complaint investigation all stated that they felt safe while attending the center and did not have any concerns about any staff member. The children that were interviewed all stated that they did not recall any instance where a staff member yelled at them or a classmate or made them feel unsafe. The children interviewed stated that they are provided meals and snacks while at the center and have never had food withheld as a form of punishment. The LPA made a total of three unannounced investigation visits to the facility to conduct interviews and make observations. During the site visits to the facility, the LPA did not observe any staff members roughly handling or yelling at children or hear any inappropriate comments made to daycare children. The LPA observed that all children were provided lunch and/or snacks; no child was observed without any food during a mealtime. No personal rights violations were observed during any of the LPA\342\200\231s site visits. Although it was corroborated that staff S2 has raised their voice with children, there is not a preponderance of evidence to suggest that S2 or any other staff member spoke inappropriately to a daycare child or roughly handled a child. Based on available information, although the allegations may have happened or are valid, there is not a preponderance of the evidence to prove that the alleged violations occurred, therefore the allegations are unsubstantiated. All Licensing reports are public information and must be made available upon request for at least three years. This report was read and reviewed with Center Director Jamie Poma. There were no Title 22 deficiencies cited during today's inspection. Appeal rights were provided. The Notice of Site Visit shall be posted for at least 30 days.