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32 | LIC9099 Continued Page 2: Regarding the allegation the facility staff's lack of supervision resulted in a daycare child hurting another daycare: It was alleged that facility staff were not properly supervising daycare children, when a subject daycare child hit another daycare child with their knee, causing injury to a peer daycare child. LPA observations, record reviews and interviews conducted revealed the following: Pertinent parties interviewed described a group of daycare children playing together which included dancing, crawling and laughing on the circle time carpet next to the teacher. Other Parties interviewed also described a subject child making comments while singing, dancing and then crawling backwards on their hands and knees to shake their "booty", in the faces of their peers, when another peer lifted their knee up from the carpet in an effort to push the subject child's butt away from their face. Pertinent parties interviewed indicated the teacher was present in the classroom but was unaware of the incident until the teacher was informed by the daycare child that they were hurt and cried.
Additional Interviews describe the teacher present to be supervising in the classroom and instructing the children to stop making inappropriate comments and gestures. Further interviews conducted with others parties present during the time of the incident, did not corroborate the allegation and indicated that a subject child was heard laughing and seen playing with their friends but did not show signs of being hurt. Pertinent parties interviewed provided conflicting statements and recalled the teacher being present to check on a subject child crying at a table but did not confirm if the child was crying as a result of being hit, kicked or kneed. Although the pertinent parties interviewed confirm an incident took place while children were playing, conflicting statements provided described the children to be laughing while playing together and deny a subject child was injured during this time Interviews also confirm that a staff member was actively supervising, records reviewed revealed the staff was within ratio while supervising the children in the classroom where the incident took place and no medical attention was requested or sought for the child alleging to be injured. Therefore, based on information gathered during the investigation the allegation is determined to be Unsubstantiated.
Although the allegation that a facility staff's lack of supervision resulted in daycare child hurting another daycare child 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
No citations were issued. No civil penalties were issued. Exit interview conducted and a copy of this report was provided to the Director Bonnie Acosta on this date. A notice of site visit was issued and must remain posted for 30 days. The LPA confirmed the posting prior to exiting the facility. |