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32 | It was alleged that on an unspecified date, the licensee yelled at and handled daycare child #5 (C5) in a rough manner by grabbing and pulling C5 by the arm. During interviews, the licensee and staff denied the allegations, stating that at no time has the licensee made any child feel intimidated or scared. According to staff, the licensee has a firm voice but does not yell at the children. The licensee denied pulling children by their arm; however, the licensee reported that C5 tends to drop to the floor when staff try to redirect C5 by the arm, but they immediately let go when this happens to avoid injury.
During interview with daycare child #2 (C2), it was disclosed that licensee is a nice and caring person and denied licensee handling children in a rough manner or being yelled at. Parents interviewed did not disclose any concerns or issues with the facility or staff.
Due to conflicting information obtained throughout the course of the investigation and no other witnesses to the alleged incident, LPA was unable to determine whether or not the allegation occurred. Although the allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated.
Exit interview conducted and report was reviewed with the licensee Esperanza Martinez. A Notice of Site Visit was given and must remain posted for 30 days. LPA observed that the notice of site visit was posted during the inspection. Failure to comply with posting requirements shall result in an immediate civil penalty of $100. |