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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
5/23/2023 12:00:00 AM
DVN
002931779
Facility Name
TALENTED TOTS - SMITHVILLE, LLC
Facility Address
205 RICHARDSON ST
City
SMITHVILLE
Zip Code
64089-9124
Phone
(816) 873-1718
County
CLAY
Assigned Specialist
MERTZ, CAYLIN
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.182(1)(C)3. 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. Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited.
5 CSR 25-500.102(1)(A) Child care personnel shall be of good character and intent and shall be qualified to provide care conducive to the welfare of children.
5 CSR 25-500.222(10) All records shall be available in the facility for inspection by the department upon request.
5 CSR 25-500.222(11) Records and reports shall be submitted to the department as required.
Conclusion Summary
On May 23, 2023, the Office of Childhood received a report alleging staff Tara Anderson handled Child A aggressively on at least three occasions, 4/27/23, 5/2/23, and 5/8/23. 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)(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." AND 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 25-500.102(1)(A) which states "Child care personnel shall be of good character and intent and shall be qualified to provide care conducive to the welfare of children." On May 25, 2023, Compliance Inspector (CI) Caylin Mertz conducted an unannounced inspection at the facility. Video footage was received and reviewed. CI Mertz observed Caregiver Tara Anderson grab Child A by the leg and drag him before flinging him against the clasroom cabinets. Caregiver Tara is also observed dragging Child A across the floor towards her and poking him forcefully in the forehead while she sits next to him. CI Mertz interviewed Area Manager Jennipher Moore, Assistant Director Nicole Bartley, Caregivers Madison Conyers and Makayla Holiman, and Director Shawnah Bardot. Assistant Director Nicole Bartley reported she was notified that Caregiver Tara Anderson was being physically aggressive with children when a parent came to her at pickup and asked she review the video footage. She immediately reviewed footage and reported her concerns to Area Manager Jennipher Moore. Area Manager Jennipher Moore reviewed the video footage and Tara was subsequently terminated, as was Sarah LaFever as she witnessed several incidents and failed to report them. Jennipher states the facility's discipline policy is conscious discipline. Child A is no longer attending the facility after these incidents. Parent A (Child A's Mother) was interviewed. She stated she noticed Child A had began to have more physically aggressive behaviors, regression in potty-training, and bowel movement issues. After consulting with a physician, she decided to remove Child A from the facility. She was notified by another parent that there was video footage of a caregiver being rough with Child A. When she contacted the facility, she was originally told that there were no clips with Child A. She subsequently viewed a few clips. possibly four, where she observed Caregiver Tara be physically aggressive with her child. Her child had been in Tara's class for 10 months, she is concerned about how many other incidents may not have been captured on video based on how comfortable Tara looks when interacting with the children this way. Physical punishment including poking children and dragging children is never considered age appropriate or constructive nor would Tara's behavior be considered conducive to the welfare of children. 5 CSR 25-500.222(10) which states "All records shall be available in the facility for inspection by the department upon request." AND 5 CSR 25-500.222(11) which states "Records and reports shall be submitted to the department as required." CI Mertz requested a copy of Child A's enrollment form on May 25, 2023 and the facility was unable to produce the document. CI Mertz again requested the document from Assistant Director Nicole Bartley on July 6, 2023 and Area Manager Jennipher Moore on July 11, 2023 and July 18, 2023. Both stated the first page of Child A's enrollment form was missing.
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 shall be submitted to the Office of Childhood. Y 12/4/2023 12:00:00 AM
The facility shall conduct a staff meeting to review the policies and all licensing rules and regulations regarding discipline. The facility must provide the Office of Childhood with a statement, signed by all staff members (paid employees and paid/unpaid volunteers), to indicate they understand and agree to follow those rules and regulations. Y 12/4/2023 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
11/27/2023 12:00:00 AM
Approving Supervisor
FOX, ROMENA