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Compliance Inspector (CI) Jessica Ibbotson conducted an investigation regarding the allegation that Child A was thrown onto his cot, causing a bruise on his forehead by Caregiver Hooper, as well as Child B aggressively being pushed off of Caregiver Hooper's lap, causing him to fall on the ground. After conducting the investigation, CI Ibbotson finds this allegation is substantiated. This conclusion is based on the following evidence of licensing rule violations which occurred at the facility:
5 CSR 25-500.182(1)(C)1. which states: "The provider shall establish simple, understandable rules for children's behavior and shall explain them to the children."
AND
5 CSR 25-500.182(1)(C)2. which states: "Expectations for a child's behavior shall be appropriate for the developmental level of that child."
AND
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."
On May 15, 2023, CI Ibbotson interviewed Director McWilliams, Caregiver Green and Caregiver Mawroy. Caregiver Green and Caregiver Mawroy stated that they heard Caregiver Hooper sound overwhelmed and stressed from the words she was stating to the children, such as "If you're going to cry, then just cry, " and "Fine! If you don't want your bottle, go hungry." Caregiver Green and Caregiver Mawroy stated that they heard children crying but did not observe anything else. Director McWilliams stated she reviewed video footage after Caregiver Green and Caregiver Mawroy reported to her their concerns regarding Caregiver Hooper. After reviewing the video footage from May 4, 2023, Director McWilliams stated she observed multiple incidents of Caregiver Hooper picking up Child A and throwing him down onto his cot while covering his head with a blanket, along with rolling Child B off of her lap, causing him to fall to the floor as she was sitting on the floor. After reviewing the video footage, Director McWilliams stated that Caregiver Hooper was terminated that same day before she notified Parent A and Parent B of the incidents.
CI Ibbotson reviewed four different videos regarding Caregiver Hooper with Child A and Child B on May 4, 2023. In one video, CI Ibbotson observed Caregiver Hooper place a blanket over Child A's entire body, in which he took off. CI Ibbotson observed Child A take the blanket off of him before Caregiver Hooper placed back over his face and body as she continued to pat his back. CI Ibbotson observed Child A take his hand outside of the blanket as he hung it off of the cot before Caregiver Hooper grabbed his arm and set it back down onto the cot. CI Ibbotson observed Caregiver Hooper take the blanket off of Child A completely as she lifted Child A up with both of her arms and turn him over to have his face on the other side of the cot. Due to technical errors in the video, CI Ibbotson could not identify if Caregiver Hooper let go of Child A, causing him to fall forward onto the cot.
In another video, CI Ibbotson observed Caregiver Hooper grab Child A from his cot with one hand on his leg and the other hand on his arm and turn him over onto his stomach. CI Ibbotson observed Caregiver Hooper then pick Child A up again briefly to lay him back down flat onto his cot. CI Ibbotson could not identify if Child A was crying or not.
In another video, CI Ibbotson observed Child A sitting up on his cot in front of Caregiver Hooper while she sat on a shelf. CI Ibbotson observed Caregiver Hooper pick Child B up and place on her lap as she cradled him and started patting his back. CI Ibbotson observed Child A crawl off of his cot, away from Caregiver Hooper. CI Ibbotson then observed Caregiver Hooper bend over as Child B fell from her right arm and landed on Child A's cot. CI Ibbotson observed Caregiver Hooper take her right hand and grab Child B as she dragged him back onto his cot, dropping Child A completely. CI Ibbotson then observed Caregiver Hooper move Child B off of Child A's cot as she laid Child A down onto his stomach and covered him completely with a blanket. CI Ibbotson observed Caregiver Hooper pick Child B back up in her arms and continue to pat his back while Child A continued to move on his cot. CI Ibbotson observed Caregiver Hooper's mouth open as if she was yelling, but due to no audio, CI Ibbotson could not identify what was said. CI Ibbotson then observed Caregiver Hooper readjust Child B in her arms before standing up and placing Child B into a cot. Due to the camera angle, CI Ibbotson could not identify if Child B was dropped inside of the cot.
In the last video, CI Ibbotson observed Caregiver Hooper holding Child B into her lap as she sat on the floor. CI Ibbotson observed Caregiver Hooper roll Child B off of her lap and onto the floor before placing her hands over her face. CI Ibbotson could not identify if Child B was crying or injured from the fall.
On May 15, 2023, CI Ibbotson called Parent A who stated that Director McWilliams informed her on May 4, 2023, that a caregiver was aggressively setting Child A onto his cot during naptime because he would not lay still. Parent A stated she was informed that Child A did not seem injured or upset but she observed a quarter size bruise in the middle of his forehead later that evening as he was playing at home. Parent A stated she was informed that the caregiver no longer was employed at the facility so Child A still attended.
CI Ibbotson attempted to call Parent B and former Caregiver Hooper but was unsuccessful.
5 CSR 25-500.092(1)(B)2.B. which states: "With written parental consent on file, cots may be used for napping or sleeping for toddlers twelve (12) months and older."
On August 31, 2023, CI Ibbotson contacted Executive Director Moore who stated that written parental consent was not on file for Child B to sleep to sleep on a cot until June 14, 2023.
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