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32 | During the Department’s investigation, interviews were conducted with the facility’s staff members S1-S8 between 04/27/23 and 07/12/23. S8 stated that she denies the allegation and stated that she has never roughly handled C1 or any other child in care. S8 stated that during this alleged incident, C1 was throwing rocks and sand on the play yard. S8 stated that several other children present were mimicking C1's actions. S8 stated that she approached C1 to verbally redirect C1 but C1 began to spit and throw rocks and sand at her. S8 stated that she raised her hand up in front of her body to defend herself from being struck by debris and grabbed C1 by their arm and shoulder to guide C1 to a different part of the yard. S8 stated that she was on the playground with teacher S7 and a maximum of eight children including C1 at the time. S8 stated that C1 did not sustain any injuries but was upset. Staff S7 corroborated S8’s statements. S7 stated that she observed S8 attempt to verbally redirect C1. S7 stated that C1 did not respond to the verbal redirection and continued spitting and throwing debris.
The staff members that were interviewed all corroborated the program director’s and site supervisor’s statements. Staff members that were interviewed all stated that they have never observed staff S8 or any other staff member roughly handle a child. During the LPA’s site visits on 04/27/23 and 07/13/23 the LPA did not observe any evidence of personal rights violations or any staff members roughly handling children in care.
Based on available information, 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, the allegation is determined to be unsubstantiated at this time. There were no Title 22 deficiencies cited. This report was reviewed and discussed with the facility’s program director, Elizabeth Givens. Appeal rights were provided. Notice of Site Visit shall be posted for 30 days from today's visit.
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