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Compliance Inspector (CI) JD Greer conducted an unannounced investigation of the allegation that on April 18, 2023, Caregiver Noah Wedge threw a shoe at Child A (5 years old). The shoe struck Child A in the back and left a red welt-like mark. The allegation is substantiated based on the following information:
5 CSR 25-500.102(1)(R) which states, "Any person present at the facility during the hours in which child care is provided shall not present a threat to the health, safety, or welfare of the children."
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5 CSR 25-500.182(1)(C)3. which states, "Only constructive, age-appropriate methods of discipline shall be used to help children develop self-control and assume responsibility for their own actions."
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5 CSR 25-500.182(1)(C)7. which states, "Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited."
On April 20, 2023, CI Greer interviewed Director Angie Allee, who stated on April 18, 2023, at approximately 10:45 a.m., Child A and Child B (4 years old), ran out on the playground. Caregiver Keosha Powell observed Child A was holding his back as he came inside. Caregiver Powell took Child A into the hallway away from the other children to check his back. Caregiver Powell told Director Allee to look at Child A's back. Director Powell saw a red mark on Child A's back that look like a shoe print. Child A said Noah hit him in the back.
On April 20, 2023, CI Greer interviewed Caregiver Keyosha Powell, who stated on April 18, 2023, Caregiver Powell observed Caregiver Wedge and Child A coming in from the outdoor playground. Caregiver Wedge said to Child A, "You need to stop, I'm fed up with this." Caregiver Powell saw Child A holding his back as he came in the door. Caregiver Powell took Child A in the hallway to look at his back. Caregiver Powell stated she saw, "A big red welt about the size of a shoe. Caregiver Nicole Van Diver was present with Caregiver Powell and Child A in the hallway. Caregiver Van Diver said to Child A, "Did Noah hit you?" Child A replied, "Yea, with a shoe."
On April 20, 2023, CI Greer interviewed Caregiver Nicole Van Diver who stated on April 18, 2023, after coming inside, Child A was complaining that his back was hurting. Caregiver Van Diver went in the hallway with Child A and Caregiver Powell. Caregiver Van Diver observed a shoe print on Child A's lower back. Caregiver Van Diver asked Child A what happened. Child A said, "Mr. Noah (Caregiver Wedge) hit me with my shoe."
On April 20, 2023, CI Greer reviewed Director Angie Allee's statement and observed on April 18, 2023, the classroom had just come in from outside. Child A and two other children ran out of the room. Mr. Noah (Caregiver Wedge) went to get the children. Ms. Keyosha (Caregiver Powell) went to see if Mr. Noah needed any help. Ms. Keyosha told Director Allee that she should look at Child A's back because he was holding it. Director Allee looked at Child A's back and saw a large red mark. Director Allee asked Child A what happened. Child A stated, "Noah hit me with my shoe." Director Allee called Susan (Designee Susan Huffmon).
On April 20, 2023, CI Greer reviewed an incident report for Child A and observed the incident report date and time were listed as 4/18/23 at 11:00. The reporter is Director Angie Allee. The description of the incident is Child A ran out of the room and while outside was hit in the back with a shoe, leaving a mark. The action taken is an ice pack and TLC were given to Child A. The parent was contacted at 3:00 p.m. via phone.
CI Greer reviewed the picture taken by Caregiver Nicole Van Diver and observed a large red mark can be seen on Child A's back. The mark is on the lower left side of Child A's back. The mark is oval in shape. The picture was taken April 18, 2023, at approximately 11:36 a.m.
On July 5, 2023, CI Greer received video footage of the April 18, 2023, incident from Designee Susan Huffmon and observed the time stamp on the video is approximately 10:16 a.m. The video camera is directly above the outdoor play area and shows a portion of the playground area. Caregiver Noah Wedge walks out the door onto the playground area. Caregiver Wedge is wearing a light blue short sleeved shirt and no objects in his hands. Caregiver Wedge walks quickly to the left and out of view of the camera. Child A appears in the doorway with a short sleeve green shirt. Child B also appears in the doorway with a long sleeve dark colored shirt. The camera has audio and both children can be heard giggling. Child B walks out onto the playground area while Child A stays holding the door. Child B runs around on the asphalt portion of the playground giggling. Caregiver Wedge reappears on camera holding a shoe, a blue apron, and a piece of white paper. Caregiver Wedge motions towards Child A who is off camera at the bottom right of the screen. Caregiver Wedge says, "Get the hell in here." Child A says to Caregiver Wedge, "No, suck my nuts." Child A runs past Caregiver Wedge and joins Child B in the same area on the playground. Caregiver Wedge says, "Get in here." Caregiver Wedge throws the shoe in his right hand at Child A. The shoe strikes Child A in the lower back. Child A immediately grabs his lower back.
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