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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
5/11/2023 12:00:00 AM
DVN
000662948
Facility Name
SOUTH CENTRAL MISSOURI COMMUNITY ACTION AGENCY
Facility Address
405 KAREN DR
City
POPLAR BLUFF
Zip Code
63901-6529
Phone
(573) 785-2372
County
BUTLER
Assigned Specialist
GRAHAM, JESSICA
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.182(1)(C)7. Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited.
5 CSR 25-500.182(1)(C)8. No discipline technique which is humiliating, threatening, or frightening to children shall be used. Children shall not be shamed, ridiculed, or spoken to harshly, abusively, or with profanity.
5 CSR 25-500.192(5)(A) In case of accident or injury to a child, the provider shall notify the parent(s) immediately. If the child requires emergency medical care, the provider shall follow the parent's(s') written instructions.
5 CSR 25-500.192(5)(B) Information regarding the date and circumstance of any accident or injury shall be noted in the child's record.
Conclusion Summary
Compliance Inspector (CI) Jessica Graham investigated the allegation that Child A was bit by Kema, caregiver, at school. Kema turned out of the view of the camera and bit the child. The child was distraught when bitten by staff, he cried. This allegation is substantiated based on the following information. 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." AND 5 CSR 25-500.182(1)(C)8. which states: "No discipline technique which is humiliating, threatening, or frightening to children shall be used. Children shall not be shamed, ridiculed, or spoken to harshly, abusively, or with profanity." On May 9, 2023, caregivers Olivia Douglas and Crysta Mounce witnessed Kema Ferguson, caregiver, bite Child A, age 22-months-old on the arm. Child A had just bit another child in the room and Crysta had went over to Child A to talk to him about the biting. Kema came over and took Child A away from Crysta and said that the only way Child A was going to learn to not bite was by her biting him back. Kema made a statement that she was going to turn away from the camera in the room so that no one could see her. She bit Child A on the right forearm and then sat him down. After biting him, Kema told Crysta and Olivia that they didn't see her do that and was laughing. Child A had a mark on his arm after Kema put him down and he was crying and holding his arm. These caregivers also have seen Kema grab children by the arm and yell and scream in their faces. Kelli Jones, caregiver in charge, said that the facility should be using redirection and talking to the children when biting occurs. Kelli said that Kema would be terminated and all the caregivers would receive training on mandated reporting and writing incident reports. CI Graham observed a clip of video footage from South Central Missouri Community Action Agency. The video was dated May 9, 2023 and was of the infant and toddler classroom. Kema Ferguson was the adult observed in the video. She is holding Child A walking through the room. Kema turns her back to the camera while holding Child A. It is not visible what Kema is doing at this time. Kema then stands Child A on the ground and walks away. Child A is holding his arm and then falls to the floor crying. There is no audio footage on the video and the clip is only 34 seconds long. Kema Ferguson said that she did bite Child A on the arm after he was biting another child in the room. She bit him on his wrist and it was red but no mark was left. She was not sure if anyone saw her do it but knew that there were cameras in the room. She knew that it was inappropriate for her to do. 5 CSR 25-500.192(5)(A) which states: "In case of accident or injury to a child, the provider shall notify the parent(s) immediately. If the child requires emergency medical care, the provider shall follow the parent's(s') written instructions." AND 5 CSR 25-500.192(5)(B) which states: "Information regarding the date and circumstance of any accident or injury shall be noted in the child's record." No accident report was written and the parents were not called immediately regarding the bite that Child A received from Kema Ferguson, caregiver. It is policy that any time a child is injured that a report be written and the parent/guardian be contacted, however, caregivers stated that there have been times that a child would not get a report and parents would not be called if there was not a mark left on them after an injury. Caregiver Olivia Douglas stated that an incident report was completed the following day and the parents were notified at that time.
Corrective Measures
Corrective MeasureCompleted (Y/N)Completed Date
The facility shall notify all staff members of the violations which were substantiated, and specify the actions to be taken by all staff in order to comply with all licensing violations cited. A copy of the memo, letter, or staff meeting agenda(s) shall be submitted to the Office of Childhood." Y 7/20/2023 12:00:00 AM
The facility will have all staff attend at least one clock hour of training regarding strategies on handling children who bite, as approved by the the Office of Childhood. The training hour must be held by an approved and qualified source, outside of the South Central Missouri Community Action Agency network. Verification of training completion shall be from the Toolbox report. Y 7/31/2023 12:00:00 AM
The facility shall conduct a staff meeting to review the center's policies and all licensing rules and regulations regarding accidents and injuries. The facility must provide the Office of Childhood with a statement, signed by all staff (paid employees or unpaid volunteers), to indicate they understand and agree to follow those rules and regulations. Y 7/20/2023 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
7/13/2023 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L