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32 | The complainant shared with LPA Corral and LPA Nguyen that the facility informed complainant that C6 pulled C1 pants and underwear down and touched C1. Complainant believed the incident occurred with C1 results from lack of supervision. Complainant confirmed that the facility representative contacted C1 parents to inform about the incident the next day after the incident occurred. LPA Nguyen conducted a telephone interview with subject child three different times, but C1 refused to disclose any information regarding the incident.
During the investigation, facility staff representative (S2) indicated that one of facility staff witnessed the incident and stopped the children right away. Per S2 the next morning after the incident occurred, S2 informed the parent of C1 about the incident. S1 also talked to parents of C6 involved in the incident and C6 was suspended for the rest of the week. Per S2, the incident occurred on 05/20/2020, S2 faxed the Unusual incident report LIC 624 to Licensing office on 05/21/2020.
LPA Nguyen conducted interview to 6 children, was able to qualify and interview 4 children. No disclosures were made by children to LPA Nguyen regarding the incident. All interviewed children disclosed they like going to the school.
After interviewing staff, LPA Nguyen learned that while staff #3 (S3) observed the two children, C1 and C6 on the top of the slide at the same time, S3 came next to the playset where she observed the inappropriate touching from C6 after C1’s pants and underwear had already been pulled down. S3 confirmed that they did not know when C6 pulled C1 pants and underwear down. No staff confirmed that they had witnessed or observed C6 pulled C1’s pants down. However, S3 did state she observed the second action which was the inappropriately touching.
On 10/12/2020, LPA Nguyen attempted to ask for the video footage for the incident; the S2 and S1 confirmed that the video was not available since the video record is just available for three days.
Based on the gathered information, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division & Chapter 1, is being cited on the attached LIC9099D.
The Notice of Site Visit was posted. Appeal Rights was explained. A copy of appeal rights (LIC 9058 1/16) will be provided through email and their signatures on this form acknowledges receipt of these rights. First level appeal is to Regional Manager, address is above on the report. |