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On July 14, 2023, the Office of Childhood (OOC) received an allegation that Child A (2-years-old) was digging their nails into another child's face at End of the Rainbow CDC, leaving marks and there was no teacher supervising. Child A also got ahold of a pair of scissors somehow and was accused of trying to cut another child's hair and the staff did not know how the child got the scissors. Parent A (parent of Child A) picked up Child A and they were crying, and the teacher did not know why and stated that she might have hit her head on the waterspout outside. 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)(A)1., which states the following: "Caregivers shall not leave any child without competent adult supervision."
AND
5 CSR 25-500.182(1)(A)3., which states the following: "Caregivers shall provide frequent, direct contact so children are not left unobserved on the premises."
On July 17, 2023, CI O'Malley conducted a phone interview with Parent A, who stated that on July 13, 2023, Parent A received a text from teacher Destiny Cramer, which reported that Child A (2-years-old) had been involved in an incident in which Child A had scratched another child's face. At pick-up, Parent A asked what had happened and Ms. Cramer reported that she was passing by Child A's room and saw Child A on top of another child and Child A was digging their fingers into the other child's face. Parent A asked why Child A was unsupervised and Ms. Cramer reported that she did not know. Several weeks prior, Child A received an oral report from an unknown teacher that Child A had gotten ahold of scissors and attempted to cut another child's hair; Parent A was never told how Child A had obtained the scissors. Several weeks prior, Parent A arrived for pick-up and Child A was crying; the unknown teacher did not know why Child A was crying and suggested that Child A may have fallen and hit their head on a waterspout outside. Parent A checked Child A's head but did not find any marks, cuts, or bruises.
On July 20, 2023, CI O'Malley conducted an unannounced inspection of the facility and conducted interviews with Destiny Cramer and teacher Jaydin Millner. Ms. Cramer stated that she passed Ms. Millner's classroom on the afternoon of July 13, 2023, and observed a child laying face-up on the floor with Child A straddling them; Child A was digging their fingers into the other child's face, just under the eyes; the other child was crying. Ms. Cramer stated that there was no teacher in the room, and she separated the children and waited until Ms. Millner rejoined the classroom. Ms. Cramer stated that Ms. Millner had been assisting another child in the restroom which is outside of the classroom. Ms. Cramer informed Ms. Millner that the 2-year-olds could not be left alone. Ms. Cramer texted Parent A, informing them of the incident.
Ms. Millner stated that a child had an accident on July 13, 2023, and Ms. Millner assisted them in the restroom. Ms. Millner stated that she had eight 2-year-olds in her class that day and she left the other seven children unsupervised while she was in the restroom. When Ms. Millner returned to the classroom, Ms. Cramer informed her that Child A had scratched another child on the face. Ms. Cramer and Ms. Millner both stated that all of the 2-year-olds had to be taken to the restroom at the same time and the children could not be left alone. Neither Ms. Cramer nor Ms. Millner recalled Child A attempting to cut another child's hair or hitting their head on a waterspout.
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