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25 | Licensing Program Analysts (LPAs) Samuel Lopez, Taityana Benson, and Raymond Moorehead arrived at the facility to conduct a case management visit in response to the receipt of an unusual incident report (UIR). The UIR was received by the licensing agency on 3/17/2023. The UIR documented an incident involving a staff that allegedly pushed a child.
Upon arrival this date on 4/25/2023, LPAs Lopez, Benson, and Moorehead met with facility Assistant Director Maria Graces and stated the purpose of the visit. Previously, on 4/6/2023, records were reviewed and interviews were conducted. Since that date and up until now, additional information was obtained regarding the incident. In reviewing all the information from documents and/or interviews, the following was determined: During play time, a child began to exhibit frustration and other behavioral issues. Staff attempted to curve the behavior by talking to the child as the child moved around throwing items around. As more than one staff attempted to address the child's behavior, the child appeared more frustrated which caused the child to continue by knocking down chairs and throw paper on to the floor. The child was then trying to grab a cup with crayons to throw and that is when two additional staff witnessed the child being pushed to the ground by another staff. The staff member who allegedly pushed the child denied the allegation and claimed that the child threw themselves on the ground without any contact. However, information obtained from statements provided on the day of the incident, the staff member disclosed trying to "retain" the child. Also, the information/statements obtained from witnesses were verified by the same witnesses.
Based on the information gathered, the preponderance of evidence standard has been met facility, that staff failed to comply with the regulation pertaining to Personal Rights and facility policy regarding handling children and their behavior.
See LIC809-D for cited deficiency.
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