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-Pertaining to the allegation that there was a "Lack of supervision resulting in daycare child being choked by another child while in care": throughout the course of the investigation, interviews were conducted with ten (10) children and two adults, including the alleged perpetrator. The alleged victim was not interviewed because parental consent was denied.
The incident allegedly occurred around the end of June/early July in the Licensee's apartment when the Licensee stepped out of the room to go to the restroom.
When asked whether the alleged victim (Child #2) and the alleged perpetrator (Child #1) got along, five children said no, two said yes, one said they never interacted and two said that they didn't know. According to all of the children, Child #1 can be mean by saying mean things and occasionally hits, and threatens to choke, but has never been seen actually choking another child. Also, Child #2 would only argue with Child #1 but otherwise, got along with the other daycare children. According to the two adults interviewed, Child #2 never disclosed that Child #1 choked them; it was only the parent of Child #2 who disclosed this. When asked why they thought that Child #2 would say that Child #1 choked them, the daycare children stated that Child #2 did not seem happy at the daycare because of the rules and may have made the allegation knowing that they would no longer have to attend the daycare.
This agency has investigated the complaint alleging that there was a violation of Title 22, Division 12, Chapter 1, Article 6, Section 102417 (a) "Operation of Family Child Care Home" that "The licensee shall be present in the home and shall ensure that children in care are supervised at all times." Based upon the evidence as presented above, it has been determined that the complaint was 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.
No deficiencies are being cited as a result of the investigation.
Upon receipt, Licensee Dianne Middleton posted the Notice of Site Visit. The Notice of Site Visit shall be posted for thirty (30) consecutive days. Failure to maintain posting as required will result in the issuance of a citation and the assessment of a $100 civil penalty. |