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Staff #3 (S3) reported witnessing Staff 4 (S4) speaking in a demeaning way to C5. S3 reported asking S4 not to speak to the children that way, then checked C5 to ensure the child was okay. S3 did not report this incident to management. S3 stated that days later S4 was laid off and no longer works for the agency. Other staff interviewed were not aware of the incident and have never witnessed children being spoken to rudely by staff. S4 denies that any staff including herself has ever treated or spoke to the children in a demeaning way. Director added that there was never any incident documented regarding S4 being disciplined.
Children interviewed stated that the staff treats and speaks to them kindly, and the children did not report any negative experiences. One child initially reported being spoken to in a demeaning way, however at a later date during the investigation the child declined to be interviewed further. Parents interviewed had no concerns with the care of the children.
Based on interviews conducted, the facility staff made inappropriate comments towards a day care child. This poses an immediate health and safety risk to the children in care. Therefore, the preponderance of evidence standard has been met, therefore, the above allegation of the facility staff made inappropriate comments towards a day care child is found to be substantiated. California Code of Regulations, Title 22, Division 12 Section 101223(a)(3) is being cited on the attached LIC 9099D.
This report cites a Type A violation and shall be provided to parents/guardians of children currently enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC 9224 to be kept in each child's file.
Exit interview was conducted. The report and citation were read and reviewed with the director. A copy of the report along with Appeal Rights will be emailed to the director with a Read Receipt requested to acknowledge report was received. First level appeals should be sent to the regional manager to the address listed above. All appeals must be in writing and received by the licensing office within 15 business days. The first level appeal is to regional manager. Licensee was asked to respond to email by copying and pasting “I have read and received the Investigation Report, Appeal Rights, I acknowledge receipt.” Investigation Report LIC 9099 will also be mailed if those options are not available. **Copies of LIC 811 confidential names list dated 01/21/21 was provided. |