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32 | to the attention of the director, and do an incident report if there was a mark on the other child”. When asked by the LPA if these actions prevented C1 from hurting another child, S2 stated “No, he would tell us he doesn’t have to listen to me.”
Staff #3 (S3) stated C1 “put his hands on another child multiple times” and threatened to hurt staff or other children “between 5 and 10 times” during the the time S3 has worked at KinderCare. S3 stated C1 created sharp weapons on a “daily basis. Whether he used them to hurt other children honestly depended on his day and his mood and what was going on with him. C1 would use rubber bands to shoot toothpicks. He would sharpen wood chips and grind them on the pavement until they became sharp. I believe one time he took a balloon, fastened something to it, and would slingshot rocks; one hit a student in the back and hurt him. We talked to him and he refused to give it to us until it broke. C1 hurt children multiple times. When asked how the staff handles C1 hurting another child, S3 stated, “We attend to the child that is hurt, explain to C1 why it was inappropriate and not OK, redirect and report it to the director.” When asked if that prevented C1 from hurting another child, S3 stated, “For a short time and then he would do it again. There could be an incident in the morning and then another incident in the afternoon.” When LPA asked S3 if a child’s personal rights had been violated while at KinderCare, S3 replied “In instances where C1 has hurt other kids and we couldn’t protect them, ya.”
Staff #4 (director) stated C1 created weapons daily. “The teachers were watching and when he created a weapon, we asked C1 to please put it away or we can save it until you go home.” When asked if children’s personal rights were violated while at KinderCare, the director stated, “Yes, of course. We were trying to protect everyone’s personal rights. I tried my best.”
Records show that the director reached out on 01/07/21 and 06/14/22 to Inclusion Services within the KinderCare organization seeking assistance for C1’s behavior. On 7/27/22, it was decided that after the incident on 7/25/22 when C1 “pummeled” a child that 7/29/22 would be the last day for C1 to attend KinderCare unless the family could provide a 1:1 aide to assist C1. Per director C1’s last day was 7/27/22.
Based on the information gathered, and interviews conducted, although staff was present, they were not able to prevent children in care from being hurt. Therefore, the preponderance of evidence standard has been met, and the above allegation is found to be SUBSTANTIATED.
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