Interview with the Director revealed that Child #5 and #6, fight with each other constantly and that staff have to separate them. On 03/032022, the date reported, Staff #2 had to carry Child #5 out of the classroom due to the child being upset and not wanting to transition with the class to outdoor play. In order to not leave the child alone and not leave Staff #3 out of ratio, Director confirmed that Staff #2 carried the child out of the classroom to stay with the group. That same day, Director states that Staff #2 had to carry Child #5 inside to change clothes because the child had wet themselves and refused to walk inside to change into dry, clean clothes. Director notes they are not sure but Staff #2 may have needed to hold tighter because child was squirming. On 03/08/2022, Police came and conducted their own visit after being contacted by complainant. The police contacted facility stating they would be coming that same day and taking a report. Director stated parents were standing outside the facility and protesting with signs making aggressive statements regarding the facility, on 03/09/2022 and 03/10/2022. Meetings between Complainant, Director, and facility administration took place to discuss the incident that took occurred.

Staff Interview with Staff #2, they state that Child #5 and #6 “were hitting and fighting” each other. Staff #2 spoke with the complainant after the bruises were observed and stated that they were unaware of them because it would have been covered up by clothing. The day of the incident, Staff #2 recalled that they separated the two children for fighting, gave hugs, kept them away from each other, and picked up Child #5 from classroom to carry to playground. Staff #2 discloses that they do not remember exactly how they picked up the children. Staff #2 picked them up "maybe 3" times or more because they fight a lot and need to be separated. Staff’s description of Child #5 and #6 is that they are physically and verbally aggressive to each other but not to others. "I caught them sometimes slapping each others face of poking each other’s eyes. They steal materials from each other. They go on top of each other." Staff #2 stats they would never hold them in a way that would hurt them. Staff #3 corroborated that Child #5 and #6 were fighting and crying constantly that day. Staff #3 describes staff picking up the girls as “gently” and that one arm is placed under back and one arm under legs. Staff #6-9 all corroborated that Child #5 and #6 fight with each other often.

Parent interviews made no disclosures regarding the above allegation.

Based upon the evidence as presented above, this agency has investigated the allegation above and has determined that the allegation is Unsubstantiated. Although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegation is unsubstantiated.

Licensing staff discussed with the Director, the importance of documenting any sort of incidents that occur between any children enrolled at the facility, at the facility. Documenting these moments can be beneficial for LPA review in the future as well as facility reference. LPA also reminded Director of reporting requirements and that contacting the Department should be a understood policy by all facility staff.

No deficiencies are being cited for the allegations listed above.

The Notice of Site Visit (LIC 9213) – must remain posted for 30 days during the hours of operation after each site visit by a licensing representative.