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TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

COMMISSIONER Howard G. Baldwin, Jr

July 31, 2012 Elizabeth Guthrie 8305 Cross Park Drive Austin, TX 78754

Operation #000025-25-14 Lutheran Social Services of the South, Inc. Investigation # 1826491 Agency Home - GARZA, FELIX AND GLORIA 854687 Dear Elizabeth Guthrie: Your operation, Lutheran Social Services of the South, Inc. located at 102 E Calton Rd, Ste 4, Laredo, TX 78041, was recently investigated because the Department received a report concerning possible deficiency or deficiencies of the Minimum Standard Rules or the law. Specifically, the report states the following that led to this investigation: Allegations that the foster parents were not supervising a 3 year old child in care resulting in the child's drowning. The applicable laws, administrative rules or Minimum Standard rules have been evaluated and findings are below:

Child-Care Licensing 300 E CANTON RD, EDINBURG, TX 78539

Elizabeth Guthrie July 31, 2012 Page 2

Standard/Rule Description 749.3133(e) Swimming Pools-doors that lead from home to 05/14/2012 pool must have a lock that only adults or children over 10 can reach

Inspection Start Date

Specifics This standard was evaluated and was found to be in compliance.

Deficient? Comply By

TA Given

749.3133(a) Swimming Pools-caregivers must inform children of pool 05/14/2012 rules and safety precautions; must protect children from unsupervised access to pool

A foster parent did not protect a child in care from having unsupervised access to a swimming pool. The foster parent failed to ensure the door leading to the pool area was locked or properly secured; therefore the child gained access to the pool area and was outside unsupervised. The child entered the unsecured pool area and drowned. This was discovered on 7/17/12.

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Child-Care Licensing 300 E CANTON RD, EDINBURG, TX 78539

Elizabeth Guthrie July 31, 2012 Page 3

A child in care was not supervised 749.1003(b)(4) properly by the Children's rights-Adhere to foster parent and the child's rights to be free as a result the 05/14/2012 of abuse, neglect, and foster child exploitation as defined in drowned in the Texas Family Code foster family's 261.401 swimming pool. This was discovered on 7/17/12.

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Child-Care Licensing 300 E CANTON RD, EDINBURG, TX 78539

Elizabeth Guthrie July 31, 2012 Page 4

A foster parent did not follow the service plan for three children in care that indicated the children in care were to be supervised via auditory and visual awareness. A 749.2593(c)(6) foster parent was Supervision-Caregivers not aware of a counted in child/caregiver child in cares 05/14/2012 ratio must implement and whereabouts and follow the children's on-going activity service plans for approximately 1 1/2 hours. As a result of not following the service plans three children in care were not properly supervised for an extended period of time. This was discovered on 5/15/12. 749.3133(d) This standard Swimming pools-Gates to was evaluated pool are self-closing, and was found to 05/14/2012 self-latching, locked when be in compliance. pool not in use; keys are inaccessible to kids under 16 or receiving tx svcs

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Child-Care Licensing 300 E CANTON RD, EDINBURG, TX 78539

Elizabeth Guthrie July 31, 2012 Page 5

749.3133(c) Swimming pools-fence or 05/14/2012 wall 4 ft high must be well constructed and enclose pool area

This standard was evaluated and was found to be in compliance.

Foster parent 749.1953(a) admitted to Corporal Punishment-May hitting a child in not use/threaten corporal care on the hand punishment, such as as a form of hitting/spanking, forced discipline on exercise, holding physical more than one position, unproductive occasion. This work. was discovered on 5/24/12. Foster parent left the home for approximately 30 minutes. She left her 11 year old child son in charge of babysitting three foster children 749.2599 who are 7 years Supervision-A child 16 old, 3 years old years old or older may and 6 months old serve as a babysitter for along with her 7 foster care children under year old adopted the age of 13 daughter. The 11 year old cannot serve as a babysitter as he is not 16 years old or older. This was discovered on 5/15/12.

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If an inspection was conducted as part of this investigation, you received an inspection report form.

Child-Care Licensing 300 E CANTON RD, EDINBURG, TX 78539

Elizabeth Guthrie July 31, 2012 Page 6

Failure to maintain compliance on an ongoing basis may result in remedial actions. If you disagree with the actions or decisions of the licensing staff, you may request an administrative review within 15 days of the receipt of this letter by writing Willie Salas, RCCL, MC 278-5; PO Box 23990; San Antonio, TX 782223-0990; FAX 210-304-7747. If you have any other questions or need additional information, please contact me. Sincerely,

IRIS CACERES Licensing Supervisor (956) 316-8754

Enclosure(s): cc: David Santillan, RCCL Investigator

Child-Care Licensing 300 E CANTON RD, EDINBURG, TX 78539