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32 | LPA Sutter then went to the Café, across from Shape Zone, and observed 2 children sleeping and no staff member in the classroom. There were no staff present in the hallway. Child woke up crying, picked up their mat, and said, “All done.” LPA Sutter then walked the child over to classroom Imaginary while LPA Goodwin stayed and observed the children still asleep in Café and Shape Zone. Director came over at 1:50 and Director moved the children to other classrooms. LPA Sutter observed one staff supervising 8 children in classroom “imaginary”. LPA Sutter then went to classroom Kinder College. At 1:51 PM, LPA observed the classroom door to be propped open. Eleven children were sleeping in the classroom and no staff member was present. LPA knocked on the break room door, which was closed and is adjacent to the Kinder College classroom, and spoke with two staff members (S4, S5) who stated that they were on break. Director then walked down the hallway toward the Kinder College classroom toward the break room and spoke with staff. LPA observed staff member S5 walk into the Kinder College classroom to supervise children.
At 2:27pm LPA Goodwin was in Café and observed S1 leave the Club K classroom to go find a staff member to step in for them. LPA did not observe anyone step in to Club K prior to S1 leaving, leaving the 11 children unattended in the classroom. At 2:51 PM, LPA Sutter walked from the Café toward Kinder College and observed a staff member (S5) walk with a child into Imaginary. LPA observed no other staff in the classroom, meaning that the classroom had been empty prior to 2:51 PM. LPA did not observe a staff member leaving Imaginary prior to 2:51 PM.
LPA interviewed staff members. A staff member stated that they did leave the classroom with no staff member in it, but it was ok because the children were sleeping and that they are told it’s ok to leave the room as long as children are sleeping. They stated all the staff do that. Another staff member stated that during nap they start out in the classroom and get all the students down. Once the students are asleep the doors are closed and staff walk down the halls to watch the children. LPAs did not observe staff walking the hallways during investigation. LPAs additionally observed that the classrooms are dark and that you can not see children’s faces by looking into the windows. Staff member stated that they open the door if they can’t see into the classroom. LPAs observed a staff schedule which shows at the time that LPAs arrived at the facility on 4/11/2024, there are 4 staff members scheduled to be supervising children and 6 classrooms were open and being used for nap.
Based on observations, interviews, and documentation review the preponderance of evidence standard has been met; therefore, the above allegations are substantiated. Cont. on 9099-C |