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On June 15, 2023, the Office of Childhood (OOC) received an allegation that on Tuesday June 13, 2023, Sunshine Daycare Center teacher Rowan Graham grabbed Child A's (4-years-old) arm and began squeezing it and also threatened to whoop Child A. After conducting an investigation, Compliance Inspector (CI) Patrick O'Malley has found this allegation to be substantiated based on the following evidence:
5 CSR 25-500.182(1)(C)3., which states the following: "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)8., which states the following: "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."
AND
5 CSR 25-500.182(1)(C)7., which states the following: "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)9., which states the following: "Punishment or threat of punishment shall not be associated with food, rest, or toilet training."
On June 16, 2023, CI O'Malley conducted an unannounced inspection of the facility and conducted interviews with director Margarita Diaz, teachers Viviana Miranda, Emajah Williams, and Child A. Ms. Diaz stated that on June 13, 2023, Child A was upset about having to lay down at nap time. Child A cried and spit at Ms. Graham. Ms. Diaz stated that Ms. Graham grabbed Child A by the shoulders and moved Child A out of the childcare space. Ms. Graham told Child A, "I'm going to do what your parents won't and whoop you." Ms. Diaz separated Ms. Graham and Child A. Ms. Diaz informed CI Regina Watkins of the situation via email on June 14, 2023. Ms. Miranda stated that Child A was crying at nap time and pushed Ms. Graham; Ms. Graham threatened to "whoop" Child A. Ms. Miranda stated that Child A cried more after Ms. Graham threatened him. Ms. Williams stated that Child A was upset at nap time and hit Ms. Graham several times; Ms. Graham did not hit Child A back. Ms. Williams stated that Ms. Graham told Child A, "I'm going to beat you like your mom needs to." Child A stated that Ms. Graham said she was going to hit Child A. Child A stated that Ms. Graham hit him on the shoulder; the hit hurt, and Child A cried.
On June 27, 2023, CI O'Malley conducted a phone interview with Ms. Graham, who stated that Child A wanted to wear a jacket at nap time even though it was too hot. Ms. Graham told Child A, "No," and Child A began crying. Ms. Graham stated that she separated Child A from the rest of his class and told Child A, "Your mom should hit you." Ms. Graham denied threatening to hit Child A herself. Ms. Graham denied hitting Child A or squeezing Child A's shoulders.
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