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32 | LPA was informed of two to three possible witnesses/pertinent sources that could corroborate the incident. LPA Lopez followed up with said sources and was provided with conflicting/contradictory information regarding this or any other similar incident(s). LPA obtained information that the licensee and/or assistant(s) may utilize a high-toned voice to address children and their behavior. When the facility is at capacity, it can be hard to speak over several children without elevating their voices. Also, a child will be held physical if required to protect the child and any other children from hurting themselves but, never as a form of discipline. Communicating/talking to the children or simply telling them to stop, was gathered as the form of addressing misbehavior at the facility. Similar information regarding the alleged was not provided or obtained but, instead that this type of behavior or action by the licensee and assistant(s) has not been observed.
Based on the conflicting information obtained, it was determined that 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.
A notice of site visit was given and must remain posted on, or immediately adjacent to, the interior side of the main door for 30 days. Failure to comply with posting requirements shall result in an immediate civil penalty of $100.
Exit interview conducted and report was reviewed with the licensee Maria Almanza. |