Facts: PW’s Childcare Facility self-reported to the Texas Health & Human Services Commission (HHSC) that a child’s mother had complained that her child was injured with a broken arm after being pushed off of the playground slide. HHSC’s Investigator came out and issued two citations to the Childcare Facility for failure to oversee and care for the child or attend her injuries. An Administrative Review was scheduled by Bertolino LLP to overturn the citations
Outcome: A video was available from the Childcare Facility. Bertolino LLP worked with PW and Staff to review the video and elicit testimony on what happened. During the Administrative Review, the video was shown to the HHSC Supervisor with PW and Staff to narrate the events being shown. The child was shown in the video being picked up by the parent at the Childcare Facility with no injuries – she was pointing and moving the purported broken arm and clearly not upset or crying. The HHSC Supervisor overturned both citations based on the video evidence and testimony.
