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32 | This bag most likely ended up in the outdoor play yard of the facility by either birds leaving the candy bag (there were pecking marks observed on the bag), and/or a maintenance person leaf blowing the morning of and dislodging the bag from bushes, trash, etc. LPA has made this determination on photos of the THC candy bag appearing to be old, dirty, and have several holes poked in the bag. In addition, based on the information LPA was able to obtain, the child did not consume this candy as a staff was nearby and able to remove the bag from the child. The director stated in interview that soon after the incident, they spoke with child #1’s parent who stated the child had a test indicating the child did not ingest the THC candy. This was also later confirmed by adult #2, child #1's parent. The morning of the incident, the outdoor play yard was not checked for any potential hazards as is normal practice by staff.
Based on the interviews with staff, parents, 3 separate physical plant tele-inspections, and review of facility records; all of which occurred during the course of the investigation, this allegation has been substantiated. This constitutes a violation of outdoor activity space Regulation 101238.2(d)(2).
Based on this gathered information, the preponderance of evidence standard has been met, therefore the above allegation is found to be substantiated. Due to the circumstances of the substantiation of this allegation LPA has determined that this had led to a potential threat to the child/ren’s health and safety and therefore a Type B violation cited today. The Licensee was provided a copy of appeal rights and their signature on this form acknowledges receipt of these rights.
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