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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
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Facility Information
Date of Report
5/31/2023 12:00:00 AM
DVN
001107564
Facility Name
TANKSLEY, ANGEL LYNN
Facility Address
808 E STRIPER DR
City
NIXA
Zip Code
65714-9351
Phone
(417) 631-6786
County
CHRISTIAN
Assigned Specialist
RADNEY, HEATHER E
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-400.175 (1)(A)1. Child care providers shall not leave any child without competent adult supervision.
5 CSR 25-400.175 (1)(A)3. Caregivers shall provide frequent, direct contact so children are not routinely left unobserved on the premises.
5 CSR 25-400.175 (1)(D)1. Infants and toddlers shall have constant care and supervision.
5 CSR 25-400.085 (3)(A)3. An adult shall be outside at all times to provide supervision for children under three (3) years of age.
5 CSR 25-400.085 (3)(A)6. The fall-zone area under and around outdoor equipment where children might fall and be injured shall be covered with impact absorbing materials which effectively cushions the fall of a child. This material may include sand, pea gravel, tanbark, shredded tires, wood chips, rubber matting or other approved resilient material. Grass may be an approved resilient material, but if grass becomes worn or sparse, the area must be covered with another approved resilient material.
5 CSR 25-400.085 (3)(A)7. The provider shall be responsible for the type, depth and fall-zone area of resilient material necessary for the protection of children.
5 CSR 25-400.085 (3)(A)8. Areas under and around outdoor equipment shall have continuous maintenance to ensure that the material remains in place and retains its cushioning properties. The resilient material shall be supplemented immediately or replaced as needed.
5 CSR 25-400.085 (3)(A)9. Concrete, asphalt, carpet or bare soil is not an acceptable surface under outdoor equipment from which children might fall and be injured.
Conclusion Summary
Compliance Inspector (CI) Heather Radney conducted an investigation of the allegation that Child A (3 years old) has a concussion and bruising of scalp and back. The facility said it was from Child A getting kicked by a child swinging. The allegation is substantiated based on the following information: 5 CSR 25-400.085 (3)(A)6., which states: "The fall-zone area under and around outdoor equipment where children might fall and be injured shall be covered with impact absorbing materials which effectively cushions the fall of a child. This material may include sand, pea gravel, tanbark, shredded tires, wood chips, rubber matting or other approved resilient material. Grass may be an approved resilient material, but if grass becomes worn or sparse, the area must be covered with another approved resilient material." AND 5 CSR 25-400.085 (3)(A)7., which states: "The provider shall be responsible for the type, depth and fall-zone area of resilient material necessary for the protection of children." AND 5 CSR 25-400.085 (3)(A)8., which states: "Areas under and around outdoor equipment shall have continuous maintenance to ensure that the material remains in place and retains its cushioning properties. The resilient material shall be supplemented immediately or replaced as needed." AND 5 CSR 25-400.085 (3)(A)9., which states: "Concrete, asphalt, carpet or bare soil is not an acceptable surface under outdoor equipment from which children might fall and be injured." On June 1, 2023, provider Angel Tanksley stated an incident occurred to Child A (3-years-old) who was kicked in the back of the head by Child B who was swinging. On June 1, 2023, CI Radney conducted a walkthrough of the facility and observed the outdoor space to be fenced with a swing set and other play equipment. The backyard is accessed from the door to the dining room of the home. There is bare soil under the swings, where the pea gravel has not been maintained. On June 1, 2023, CI Radney reviewed an incident report dated May 30, 2023, for Child A indicating he was kicked in his head when he walked too close to the swings. 5 CSR 25-400.085 (3)(A)8. which states Areas under and around outdoor equipment shall have continuous maintenance to ensure that the material remains in place and retains its cushioning properties. The resilient material shall be supplemented immediately or replaced as needed. On June 1, 2023, CI Radney conducted a walkthrough of the facility and observed the resilient material was not present under the swings. There is bare ground under the swings, where the pea gravel has been kicked out from under the swings. 5 CSR 25-400.085 (3)(A)3., which states: "An adult shall be outside at all times to provide supervision for children under three (3) years of age." AND 5 CSR 25-400.175 (1)(A)1., which states: "Child care providers shall not leave any child without competent adult supervision." AND 5 CSR 25-400.175 (1)(A)3., which states: "Caregivers shall provide frequent, direct contact so children are not routinely left unobserved on the premises." AND 5 CSR 25-400.175 (1)(D)1., which states: "Infants and toddlers shall have constant care and supervision." On June 1, 2023, provider Angel Tanksley stated that she doesn't go out with the older children but does go out with the younger children. Sometimes the little ones slip out by themselves and then the older children know to watch out for them. On June 1, 2023, Child D (7-years-old) stated that during an incident that Child A (3-years-old) was injured she was outside with Child A (3-years-old), Child B (5-years-old), Child C (6-years-old), Child E (8-years-old), Child F (5-years-old), Child G (4-years-old), Child H (19-months-old), and Child I (2-years-old). The baby stays inside with Angel. The rest of children go outside alone, and with the kids 1- to 2-years-old. On June 1, 2023, Child E (8-years-old) stated that the older kids watch out for the little kids outside. His sister is Child H (19-months-old) and when she is outside, he watches her. Angel doesn't come outside with the little kids, only the baby. Another little kid that is 2-years-old goes outside alone, too.
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 violations cited. Action taken shall be submitted to the Office of Childhood. Y 1/16/2024 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
11/16/2023 12:00:00 AM
Approving Supervisor
FOX, ROMENA