LPA Perry interviewed parents and no disclosures were made pertaining to the above allegation.

LPA Perry interviewed children and no disclosures were made pertaining to the above allegation.

LPA Perry conducted staff interviews. Staff #1 stated, “A teacher will go with children to the restroom always. A child never goes by themself.” Staff #1 additionally stated that Child #1 did not go into the restroom and instead walked over to place their sweater in their cubby. Staff #1 stated that they were physically observing Child #1 at that time and were positioned in the middle of both classrooms, maintaining 100% supervision of Child #1. Staff #2 stated, “A teacher will go with the children to the restroom all the time.” Staff #2 additionally stated that Child #1 did not go to the restroom but walked to their cubby to place their sweater away. Staff #2 stated that Child #1 was under the supervision of Staff #1, who was standing in the middle area between classrooms and had visual supervision of Child #1 at all times. Staff #3 stated, “A teacher will go with the children to the restroom if they need to use it.” Staff #3 additionally stated that to their knowledge, Child #1 did not use the restroom but was putting an item away in their cubby. All staff corroborated that the visitors present at the facility for the nutrition program were observed only in the kitchen area at the time of the alleged incident and were not supervising or interacting with children in the classroom or restroom areas.

During the course of the investigation, LPA Perry observed children in care and that staff maintained 100% supervision. LPA Perry observed that when children utilized the restroom, a teacher was present and supervision was maintained at all times. LPA confirmed that Child #1 was in attendance on the date of the alleged incident. LPA reviewed and obtained the facility’s written supervision procedures. The procedures include requirements for active supervision, including staff positioning, visibility, engagement and interaction,

Allegation #2: Personal Rights

According to the reporting party (RP), during breakfast the children were sitting down in classroom B and around 8:40AM Child#2 was sitting down. Child#2 got up and their teacher told Child#2 that they needed to sit down, when told this Child#1 laid on the floor and the teacher again told Child#2 they needed to sit in the chair, the teacher then picked up Child#2 and sat them on the chair. The teacher pushed Child#2 chair into the table and sat directly behind the Child#2 so they could not get out of the chair. The Child#2 was restricted for 2 or 3 minutes.” The Reporting Party additionally stated that, staff #2 had their legs placed around the chair and the child to prevent Child#2 from getting up. Also stated by the RP was that, “Staff#2 didn't force Child#2 or nothing like that then Child#2 would lay back down and staff #2 would try and help Child#2 back up and Staff#2 did this like 3 times.” Reporting Party did indicate that child was not crying or distressed.

LPA Perry interviewed parents and no disclosures were made pertaining to the above allegation.

LPA Perry interviewed children and no disclosures were made pertaining to the above allegation.

LPA Perry conducted staff interviews. Staff #1 stated that Child #2 did not attempt to leave the chair and did not exhibit any signs of distress. Staff #1 stated the child was sitting and eating and was not crying. Staff #1 stated that Staff #2 was sitting behind Child #2 while preparing to open the door when the doorbell rang to allow other children to enter the facility. Staff #2 stated, “I was behind Child #2 and child#2 pushed themselves to the table, I was helping as well. I was like 2 feet behind Child#2, and I was holding Child#2 plate, to avoid Child#2 from throwing it while child#2 was eating an apple.” Staff #2 further stated that they gave Child #2 space and was seated like two (2) feet behind Child#2 while Child#2 was seated at the table eating. Staff #2 stated that Staff#2 remained seated behind Child#2 for approximately three (3) minutes until the doorbell rang again and needed to open the door for other children arriving at the facility. All staff stated that the Child#2 was never restrained and was not attempting to get out of the chair. Staff #2 stated that once they went to open the door, Child #2 independently got up from the chair and went to play in the play area. Staff #2 additionally stated, “When child#2 was on the floor, I did not touch them. I was just trying to assist and help Child#2 sit up at the table and eat breakfast. I did this about three times.” Staff #3 stated that Child #2 was not in distress and was not prevented from moving. Staff #3 stated she did not observe the child attempting to get out of the chair. Staff

During the course of the investigation, LPA did not observe any personal rights violations. LPA observed staff interacting with children in a respectful manner. No children were observed to be restrained or prevented from moving freely during meal times or at any time throughout the day.

Based on interviews conducted and information gathered, there was no evidence to support the allegations, Allegation #1 Lack of Supervision and Allegation #2, Personal Rights. Although the above allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore at this time the above allegations are unsubstantiated.

A notice of site visit was given and must remain posted for 30 days. Appeal Rights provided. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. Appeal rights were given and explained. Exit interview conducted and report provided to Ana Rojas due to Maribel Gonzalez, Teacher was on lunch.