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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
Facility Information
Date of Report
4/26/2023 12:00:00 AM
DVN
002769464
Facility Name
SUNSHINE DAYCARE CENTER
Facility Address
10128 SAINT CHARLES ROCK RD
City
ST ANN
Zip Code
63074-1811
Phone
(314) 673-6234
County
ST LOUIS
Assigned Specialist
OMALLEY, PATRICK
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-600.020 (1) Prior to the employment or presence of a child care staff member in a licensed, regulated, or registered child care facility not exempted by section 210.1080.13, RSMo, the child care provider shall request the results of a criminal background check for such child care staff member from the department.
5 CSR 25-500.102(1)(M) The provider shall request the results of a criminal background check for child care staff members as required by 5 CSR 25-600.020 General Requirements.
Conclusion Summary
On April 26, 2023, the Office of Childhood (OOC) received an allegation that there were no background screenings on file for teachers Jalisia Shaw or Taylor Hall at Sunshine Daycare Center. After conducting an investigation, Compliance Inspector (CI) Patrick O'Malley has found this allegation to be substantiated based on the following evidence: 5 CSR 25-600.020 (1), which states the following: "Prior to the employment or presence of a child care staff member in a licensed, regulated, or registered child care facility not exempted by section 210.1080.13, RSMo, the child care provider shall request the results of a criminal background check for such child care staff member from the department." AND 5 CSR 25-500.102(1)(M), which states the following: "The provider shall request the results of a criminal background check for child care staff members as required by 5 CSR 25-600.020 General Requirements." On May 1, 2023, CI O'Malley conducted an unannounced inspection of the facility and observed Ms. Shaw and Ms. Hall working with children. CI O'Malley conducted an interview with director Margarita Diaz, who stated that she had not requested the results of background checks for either Ms. Shaw or Ms. Hall. Ms. Diaz stated that Ms. Hall had been fingerprinted the previous week but Ms. Diaz had not requested the results yet. Ms. Diaz stated that Ms. Shaw had worked in child care in Mississippi, which did not require background checks. Ms. Diaz stated that she thought Ms. Shaw's employment history exempted her from a criminal background check. Ms. Diaz stated that she would request Ms. Hall's results today and send Ms. Shaw to be fingerprinted today.
Corrective Measures
Corrective MeasureCompleted (Y/N)Completed Date
The facility shall ensure that all employees have a comprehensive background screening completed prior to a person's employment and/or presence within the child care facility. The comprehensive background screening must include verification of fingerprinting of the individual and a requested screening via the Family Care Safety Registry. The facility shall submit a signed statement agreeing to ensure this requirement is followed. A copy of the signed statement shall be provided to the Office of Childhood. Y 7/6/2023 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
6/25/2023 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L