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32 | Allegation: staff member inappropriately handled day care child.
Reporting Party (RP) stated a staff member has been kicking child in the butt.
LPA Valencia interviewed licensee, in which, licensee insisted that her assistant did not nor would ever hurt any child and has been a great care giver.
LPA Torrence conducted interviews with licensee and assistant via facetime to obtain additional information. Licensee reported her assistant denied the incident happened. Assistant reported there was one time that could have been misrepresented as a kick when assistant accidentally brushed up against the child while child was sleeping. The child asked assistant “why you kick me” and assistant told the child “don't say that. I didn't kick you.” Assistant stated has a good relationship with the child and would never strike or kick any of the children in care.
One child was interviewed. No disclosure made by child. Other children were either nonverbal or refused to speak with LPA.
Subject child was interviewed. Subject child disclosed teacher kicked, leg while sleeping. When Subject child was asked is your teacher nice to you, Subject child responded, when I’m acting good, and when I’m acting bad teacher get mad, and just say not to do that.
Subject child parent # 1 disclosed child said teacher kicked child, then a week later child stated was just kidding. Parent #1 stated at one-point, child stated in front of child’s father, teacher kicked child.
Subject child’s parent #2 disclosed child said teacher kicked him in the butt when he went down for a nap. Parent #2 stated there was a meeting with licensee and assistant and afterwards they felt confident that the child was not using the right word and felt parent #1 believed it was a misunderstanding. Parent #2 disclosed parent #1 did not say anything about the incident until days after, in which, child was still attending daycare.
Three additional parents interviewed. No disclosure was made by the three parents and they had no issues or concerns.
Police report review conducted which indicated there was no evidence of a staff member inappropriately handled day care child.
Based on the information gathered from the records that were reviewed and the interviews conducted, there is insufficient evidence to determine a staff member inappropriately handled day care child violation occurred. 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, therefore the allegation is Unsubstantiated.
Exit interview was conducted. The report was reviewed and discussed. Appeal Rights was explained. A copy of the report along with Appeal Rights (LIC 9058 12/15) will be emailed to licensee with a Read Receipt to acknowledge report was received. If Read Receipt is not functional, licensee will respond to email stating “I have read and received the report, I acknowledge receipt.” LIC 9099 will also be mailed if those options are not available. The Notice of Site Visit was not posted due to tele-investigation COVID-19 State of Emergency. |