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32 | Regarding the allegation staff engaged in a verbal altercation in the presence of day-care children. During the investigation, LPA conducted interviews with Staff and relevant parties as well as collected evidence consisting of communicating records and documents pertinent to the investigation. LPA was able to review the video footage of the incident at the facility.
Based on the information gathered during the investigation, it was determined that on April 20, 2026, between approximately 5:00 PM and 5:30 PM, two staff members and five children were present on the preschool playground. During that time, three preschool children entered the infant playground, which was designated as off-limits for preschoolers. Staff #3(S3) was observed attempting to redirect the children back to the preschool activity area. During the viewing of the video footage, LPA observed S3 tugging the arm of Child#2(C2) in order to bring the child out of the playground. A struggle was observed and S3 carried C2 out of the playground. S3 stepped out of the playground with C2 while the remaining two children were observed to be inside the playground. S3 was unsuccessful in transitioning the remaining two children back to the preschool-aged play yard.
While S3 was at the entrance of the infant playground, parents arrived to pick up their children. It was observed in the video the parent of Child #3(C3) arriving first and S3 having a conversation with the parent. The parent enters the playground and successfully accompanies C3 out of the playground. At that time, the parent of child #2 arrived and S3 and Parent #2 are seen engaged in heated verbal exchange while the children were present in the playground. Shortly after the conversation, it was observed that parent #2 leave with their child.
Therefore, based on corroborating interviews, evidence gathered and records reviewed, the preponderance of evidence standard has been met, and the above allegation is found to be SUBSTANTIATED.
California Code of Regulations, Title 22, Division 12: Chapter 1, 101223 (a) (1) Personal Rights are being cited on the attached LIC 9099D.
This is a repeat violation, and civil penalties will be issued.
See LIC 9099C for continuation. |