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Throughout the course of the investigation, interviews were conducted with eight staff, one adult and the Reporting Party. Documentation in the form of a list of “Bathroom instructions” was obtained and six photos of the “Preschool Restroom” were taken by LPA.
-Pertaining to the allegation that “Facility failed to supervise day care children properly resulting in inappropriate touching between day care children”:
The allegation refers to an incident which occurred in either May or June of 2019 when Child #1 and Child #2 were sent to the bathroom at the same time and Child #1 allegedly went into the stall of Child #2 and touched him/her on their private area.
Based upon interviews conducted, it is unclear whether Child #1 touched Child #2 on their private area or elsewhere or whether Child #1 exposed themself to Child #2. As LPA was unable to interview the children involved, and as there were no witnesses other than the children as to exactly what occurred in the stall, the allegation has been determined to be Unsubstantiated (formerly Inconclusive). A finding of Unsubstantiated means that 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.
This agency has investigated the complaint alleging that there was a violation of Title 22, Division 12, Chapter 1, Article 6, Section 101229 "Responsibility for Providing Care and Supervision" and Section 101223 "Personal Rights." The complaint alleged that "Facility failed to supervise day care children properly resulting in inappropriate touching between day care children.”Based upon the evidence as presented above, the allegation has been determined to be Unsubstantiated.
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