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Compliance Inspector (CI) JD Greer conducted an unannounced investigation of the allegation that Caregiver Cecily Wells sprayed Child A (14 months old) with a water bottle in the face. The allegation is substantiated based on the following information:
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."
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5 CSR 25-500.182(1)(C)4. which states, "Praise and encouragement of good behavior shall be used instead of focusing only upon unacceptable behavior."
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5 CSR 25-500.182(1)(C)9. which states, "Punishment or threat of punishment shall not be associated with food, rest, or toilet training."
On July 21, 2023, Compliance Inspector (CI) JD Greer interviewed Caregiver Cecily Wells, who stated on July 20, 2023, Caregiver Wells was in a toddler room with six children and Caregiver Taylor Kempker. Caregiver Wells heard the teachers in the other classroom that is separated by a half wall asking Child A (14 months old) to get back on her cot. Caregiver Wells picked up a spray bottle, set it to the mist setting and walked over to Child A in the other classroom. Caregiver Wells sprayed Child A once in the face. Child A looked at Caregiver Wells and started crying. She came over and sprayed Child A because staff were overwhelmed. Caregivers Adrianna Ebert and Maranda Terrell were the overwhelmed staff. She has sprayed Child C (18 months old) before. Child C wasn't listening, climbing on furniture, and attempting to bite other children. She does not recall how long ago this was. She has seen Caregiver Tina Wilson spray Child B (17 months old) before. She cannot recall when she saw this happen.
On July 21, 2023, CI Greer interviewed Caregiver Taylor Kempker, who stated she has seen Caregiver Tina Wilson spray children with a water bottle. She cannot recall what day or which children were sprayed.
On July 21, 2023, CI Greer interviewed Caregiver Maranda Terrell, who stated on July 20, 2023, she was a caregiver in Child A's room. Caregiver Adrianna Ebert was also present. During nap time Child A was struggling to stay on her cot. Herself and Caregiver Ebert were reminding Child A to stay on her cot. She did not feel overwhelmed with her class that day. Without any prompting Caregiver Wells came over to her classroom with a spray bottle and sprayed Child A in the face. Child A started crying and went back on her cot. She did not ask Caregiver Wells to come over nor did Caregiver Ebert.
On July 21, 2023, CI Greer interviewed Caregiver Adrianna Ebert, who stated on July 20, 2023, she was present in the toddler classroom with Child A and Caregiver Terrell. Earlier in the day Caregiver Wells said, "Do you want a spray bottle if your kids are acting up?" She thought it was an odd thing to say and thought she must be joking. During nap time Child A was struggling to stay on her cot. She kept reminding Child A to lay down on her cot. Each time she did, Child A went back to her cot and would lay down. Caregiver Wells came into her classroom with a spray bottle. Caregiver Wells said to Child A, "If you don't stop, I will spray you." She heard the sound of the spray bottle and Child A started crying. She has not seen any other staff spray children before. She sent a message to Director Staci Craigmile and Assistant Director Melissa Bayless about the spraying incident.
On July 21, 2023, CI Greer reviewed video footage of the toddler classrooms from July 20, 2023. The video footage does not include audio but does identify that at 12:12:05 p.m., Caregiver Wells grabs a water bottle off of the shelf in her classroom. At 12:12:10 p.m., Caregiver Wells walks through the gate separating her classroom from Child A's classroom. At 12:12:24 p.m., Caregiver Wells points the spray bottle at Child A. At 12:12: 31p.m., Caregiver Wells pick up Child A and walks towards Child A's cot.
5 CSR 25-500.112(1)(A) which states, "Birth Through Two (2) Years. Groups composed of mixed ages through two (2) years shall have no less than one (1) adult to four (4) children, with no more than eight (8) children in a group;"
On July 21, 2023, Compliance Inspector (CI) JD Greer interviewed Caregiver Cecily Wells, who stated on July 20, 2023, Caregiver Wells was in a toddler room with six children and Caregiver Taylor Kempker. Caregiver Wells heard the teachers in the other classroom that is separated by a half wall asking Child A (14 months old) to get back on her cot. Caregiver Wells picked up a spray bottle, set it to the mist setting and walked over to Child A in the other classroom. This left Caregiver Wells' room out of ratio with one teacher for six toddlers.
On July 21, 2023, CI Greer interviewed Caregiver Taylor Kempker who stated on July 20, 2023, she was in a classroom with six toddlers and Caregiver Wells. On July 20, 2023, Caregiver Wells got up from the classroom and went into Child A's classroom. This put Caregiver Kempker's classroom out of ratio.
On July 21, 2023, CI Greer interviewed Caregiver Maranda Terrell, who stated on July 20, 2023, she was a caregiver in Child A's room. Without any prompting Caregiver Wells came over to her classroom with a spray bottle and sprayed Child A in the face.
On July 21, 2023, CI Greer interviewed Caregiver Adrianna Ebert, who stated on July 20, 2023, Caregiver Ebert was present in the toddler classroom with Child A and Caregiver Terrell. Caregiver Wells came into her classroom with a spray bottle.
On July 21, 2023, CI Greer reviewed video footage of the toddler classrooms from July 20, 2023. The video footage does not include audio but does identify that at 12:12:10 p.m., Caregiver Wells walks through the gate separating her classroom from Child A's classroom.
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