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MISSOURI DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

OFFICE OF CHILDHOOD - CHILD CARE COMPLIANCE

COMPLAINT INVESTIGATION OF SUBSTANTIATED STATUTE OR RULE VIOLATIONS
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Facility Information
Date of Report
2/22/2023 12:00:00 AM
DVN
000220835
Facility Name
EVILSIZER, REBECCA LOUISE
Facility Address
1664 POLK ST
City
CHILLICOTHE
Zip Code
64601-1838
Phone
(660) 247-1185
County
LIVINGSTON
Assigned Specialist
GREER, JOHN
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-400.045 (18) The number and ages of children a family child care home is authorized to have in care at any one time shall be specified on the license and shall not be exceeded except as permitted within these rules.
5 CSR 25-400.155 (1) There may be situations (for example, to accommodate parents' work shifts or before- and after-school care) when the number of children in care over two (2) years of age may exceed the licensed capacity of the home. The number in care shall never be more than one-third (1/3) over the licensed capacity of the home at the time of overlap. The overlap period(s) shall not exceed two (2) hours total in any twenty-four (24)-hour child-care day. The two (2) hours of available overlap time may be utilized in smaller time periods.
5 CSR 25-400.105 (2)(A) A family child care home may be licensed for up to ten (10) children. The following staff/child ratios must be maintained at all times and shall not be exceeded except as permitted under these rules: 1 caregiver present, with up to 4 children, all may be under age two (2); 1 caregiver present, with 5-6 children, 3 children may be under age two (2); 1 caregiver present, with 7-10 children, 2 children may be under age two (2); 2 caregivers present, with up to 8 children, 8 children may be under age two (2); 2 caregivers present, with up to 10 children, 4 children may be under age two (2).
Conclusion Summary
Compliance Inspector (CI) JD Greer conducted an unannounced investigation of the allegation that Care Provider Rebecca Evilsizer was over her capacity of allowed children. The allegation is substantiated based on the following information: 5 CSR 25-400.105 (2)(A) which states, "A family child care home may be licensed for up to ten (10) children. The following staff/child ratios must be maintained at all times and shall not be exceeded except as permitted under these rules: 1 caregiver present, with up to 4 children, all may be under age two (2); 1 caregiver present, with 5-6 children, 3 children may be under age two (2); 1 caregiver present, with 7-10 children, 2 children may be under age two (2); 2 caregivers present, with up to 8 children, 8 children may be under age two (2); 2 caregivers present, with up to 10 children, 4 children may be under age two (2)." AND 5 CSR 25-400.155 (1) which states, "There may be situations (for example, to accommodate parents' work shifts or before- and after-school care) when the number of children in care over two (2) years of age may exceed the licensed capacity of the home. The number in care shall never be more than one-third (1/3) over the licensed capacity of the home at the time of overlap. The overlap period(s) shall not exceed two (2) hours total in any twenty-four (24)-hour child-care day. The two (2) hours of available overlap time may be utilized in smaller time periods." AND 5 CSR 25-400.045 (18) which states, "The number and ages of children a family child care home is authorized to have in care at any one time shall be specified on the license and shall not be exceeded except as permitted within these rules." On March 3, 2023, CI Greer interviewed Care Provider Rebecca Evilsizer who stated that on February 21, 2023, from approximately 11:50 a.m. to 1:30 p.m. she had 14 children present that she was caring for. This is beyond her approved overlap by one child and outside of her approved overlap time and she knows she was in violation.
Corrective Measures
Corrective MeasureCompleted (Y/N)Completed Date
The provider shall ensure that the conditions and limitations specified on the license are adhered to at all times. The child care provider must provide the Office of Childhood with a statement, signed by Rebecca Evilsizer and all approved assistants, to indicate they understand and agree to follow the requirements. A copy of the signed statements shall be provided to the Office of Childhood. Y 9/6/2023 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
7/14/2023 12:00:00 AM
Approving Supervisor
FOX, ROMENA