During the investigation LPA Lucero interviewed 2 staff, 2 children, 2 parents and obtained documents.

During staff interviews, staff reported ongoing awareness of physical altercations between Child #1 (C1) and Child #2 (C2). According to staff, interactions between the two children typically begin as playing with one another but it would often escalate, resulting in physical aggression such as pushing or kicking when either child becomes upset. Staff members confirmed that C1 was kicked in the private area by C2 on approximately two to three occasions. These incidents were reportedly witnessed by Staff #2 (S2), who responded by intervening, either by separating the children or contacting the front office for additional support. To prevent further incidents, staff disclosed that one of the children, who falls under the preschool license age, was temporarily placed in the older preschool classroom to ensure separation from the other child. Staff further reported that both sets of parents were informed of the situation. Incident reports were provided to the parents, and one of the children was placed on a behavior plan aimed at addressing and improving the child's conduct.

Staff provided incident reports detailing the incidents involving the children. LPA reviewed incident reports, there were a total of 3 incidents report. Each report was signed by the respective child’s parent, confirming receipt and acknowledgment.

During interviews conducted with C1 and C2, both children reported being physically harmed by the other on at least one occasion. Both C1 and C2 stated that C2 had kicked C1 in the private area at least once. The children also indicated that S2 did not witness this specific incident. According to C1 and C2, S2 was made aware only after C1 reported the incident directly. Both children confirmed that following the reporting of such incidents, they were typically sent to the front office and spoken to by the Director.

LPA conducted interviews with the parents of C1and C2. Both sets of parents confirmed they were aware of the incidents that occurred between the two children. However, they expressed uncertainty as to why these behaviors were taking place, stating that their child does not exhibit similar behavior at home or in their respective elementary school environments. Additionally, both parents expressed dissatisfaction with how the facility handled the situation.

Based on LPA's interviews conducted with the staff, children and parents, and the documents obtained, it has been determined staff did not prevent children from harming another child in care. Therefore, the preponderance of evidence standard has been met, therefore the above allegation is found to be Substantiated. California Code of Regulations, Title 22, 101229(a)(1) Responsibility for Providing Care and Supervision is being cited on the attached LIC 9099D.

Exit interview conducted and report was reviewed with the Director Jasmin Canales. A notice of site visit was given and must remain posted for 30 days. Appeal Rights were explained. The Director was provided a copy of appeal rights (LIC 9058 01/16) and their signature on this form acknowledges receipt of these rights.

End of Report.