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32 | LIC9099C Pg. 2, Unsubstantiated
The LPA conducted interviews with pertinent parties which indicated that a subject child disclosed a staff's name while motioning their own hand to their butt, in a spanking motion. The same parties interviewed stated it is common for the subject child to confuse verbal redirection or setting boundaries when saying no, with perceptions and claims of physical discipline and/or physical harm, when no physical discipline has been witnessed or confirmed to have taken place.
During an interview conducted with a subject child, the child made a motion of their hand as if hitting or spanking their butt when a subject staff's name was mentioned. However, during follow-up questioning the child did not confirm if they were hit or spanked by the staff and the LPA was unable to determine if a subject staff hit or spanked the child. The interview continued and subject child was able to clearly act out how they received a bump on their head, by running into a wall and saying, "Boom". The child acted out the scene 3 times.
The LPA conducted interviews with additional parties pertinent to the allegations. Other parties interviewed denied witnessing staff use physical discipline to redirect the subject child and/or other children in care. The facility conducted an internal investigation. Per director, they did not obtain any evidence to support wrong doing of inappropriate discipline or that spanking occurred at the facility, related to the subject child.
The LPA conducted observations of children and staff during the investigation. The children responded well with staff and did not appear to be scared or reserved while interacting or receiving instruction. Based on conflicting information gathered through observations, interviews and record reviews conducted by the LPA, the allegation is determined to be unsubstantiated.
Although the allegation that a facility staff violated a child's rights while in care, may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation/s did or did not occur, therefore the allegation is UNSUBSTANTIATED.
No citations issued. No Civil Penalties Issued.
Exit interview was conducted and a copy of this report was provided to the licensee Delmy Portillo.
A notice of site visit was provided and must remain posted for 30 days. |