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Compliance Inspector (CI) Heather Radney conducted an investigation of the allegation that Parent A received a call from the state. They told her that they had a video of the staff at La Petite spanking her child, pushing her into tables and taking food away from her child. The incidents occurred in January through February or March of this year. The allegation is substantiated based on the following information:
On February 3, 2023, the Office of Childhood received a report alleging that Ashley Battle spanked a child and also roughly sat a child down in a chair and pushed them to the table. After conducting an investigation, Compliance Inspector (CI) Caylin Mertz has found this allegation to be substantiated based on the following evidence and rule violations:
5 CSR 25-500.182(1)(A)7 which states "Caregivers shall provide special attention on an individual basis for new children having problems adjusting, distressed children, etc. Children shall be encouraged, but not forced to participate in group activities."
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."
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."
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 February 8, 2023, Compliance Inspector (CI) Caylin Mertz conducted an unannounced inspection at the facility. CI Mertz interviewed director, Melody Andrews. Melody reported that one of her staff witnessed Ashley Battle spank a child and sit them down roughly in a highchair. She did not witness this herself but there is video footage of the incident at the table. Ashley has been terminated. CI Mertz interviewed staff, Elizabeth "Shiann" Outt. Shiann stated she witnessed Ashley pick up Child A (three-years-old) and use her hand to spank Child A's bare bottom. She also heard Ashley make statements such as "I'm not dealing with this again" and "I'm not her mother, I'm not going to nurture her" regarding Child A (three-years-old). She also described seeing Ashley pick up Child A (three-years-old) who was crying on the floor, throw her on the classroom rug, pick her up under the armpits, set her roughly in a chair and then shove her up to the table. She stated Child A (three-years-old) was crying and wailing during this incident. CI Mertz interviewed staff, Tammy Webb. Tammy stated that Shiann reported the incidents to her, but she did not witness them herself. She stated that she believed Ashley talked to the children harshly and singled them out for their negative behaviors. Ashley failed to give Child A (three-years-old) the special attention she needed during transitions. Spanking a child is not considered constructive and, based on Shiann's description of Child A's reaction, was frightening and upsetting to her. Video footage was received and reviewed. It clearly shows caregiver, Ashley Battle, grabbing Child A (three-years-old) by the arm and dragging her across the classroom as well as setting the child down roughly after carrying her across the room.
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."
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."
CI Mertz observed an incident report regarding the spanking, however, there was no mention of the incident at the table where Ashley shoved Child A (three-years-old) up to the table during mealtime. CI Mertz interviewed Parent A (Child A's Mother) who reported she was not told that Ashley shoved Child A (three-years-old) up to the table, she was only informed about the spanking. CI Mertz interviewed director, Melody Andrews, she reported telling Parent A (Child A's Mother) about the incident with the spanking but did not report discussing the shoving incident.
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