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On September 6, 2023, the Office of Childhood (OOC) received an allegation that Child A (2-years-old) ran into the street on September 5, 2023, during pick up time at Sacred Heart Villa and no one had noticed. After conducting an investigation, Compliance Inspector (CI) Patrick O'Malley has found this allegation to be substantiated based on the following evidence:
5 CSR 25-300.040 (1)., which states the following: "Supervision and basic care shall be provided at all license-exempt facilities."
AND
5 CSR 25-300.090 (4)(A)., which states the following: "An outdoor play area available on or adjoining the child care property. Facilities with a capacity of more than ten (10) children shall have a fenced play area. Play areas in facilities with a capacity of ten (10) or fewer children shall be fenced when necessary for the protection of children from traffic, water or other hazards. Fences shall be at least forty-two inches (42") high. Openings in fences shall be no greater than three and onehalf inches (3 1/2");"
On September 7, 2023, CI O'Malley conducted an unannounced inspection of the facility and observed an approximate four-foot gap in the playground fence. The gap led to the backyard of the convent next door. The gap was blocked by a large, galvanized metal tub filled with potting soil, two upright trash cans, and two plastic flowerpots. CI O'Malley observed video footage of the incident. The video shows that Child A exits the playground through a gap in the southeast corner of the playground at 4:24 p.m. A second camera angle shows teacher Ronella Hiponia receiving Child A from two individuals at the facility's entrance at 4:35 p.m.
CI O'Malley conducted interviews with Ms. Hiponia, director Kristine Doder, and teachers Jamilia Hughes. and Sister Christian Price. Ms. Hiponia stated that the 2-year-old class was on the outside playground on September 5, 2023, from 3:30 p.m. until 4:30 p.m. Ms. Hiponia went into the building at 4:00 p.m. to retrieve the class's water bottles and came back out a few minutes later, wheeling the bottles on a cart; the children came to the fence to retrieve their bottles. Ms. Hiponia and Ms. Hughes did a headcount and determined that Child A (2-years-old) was not present. Ms. Hiponia and Ms. Hughes searched the playground and then radioed that Child A was missing. Just after radioing, Ms. Hiponia saw Child A walking with two female adults on the sidewalk outside the playground's fence. Ms. Hiponia met Child A and the two adults at the entrance to the facility, which was next to the playground fence.
Ms. Hughes stated that she and Ms. Hiponia noticed that Child A was missing after a headcount at 4:00 p.m. Ms. Hughes and Ms. Hiponia searched the playground but were unable to locate Child A. Ms. Hiponia radioed that Child A was missing. Ms. Hughes stayed with the class while Ms. Hiponia left the playground to look for Child A. Ms. Hiponia returned with Child A a few minutes later. Ms. Hughes stated that she was a floater and was not the 2-year-old class's regular teacher.
Ms. Doder stated that she reviewed video footage of the incident; Child A was lost and recovered within a few minutes. Child A walked out of the playground through a gap between a stone wall and the fence. The gap had been blocked with a large metal tub and several flower pots, but this was clearly not sufficient. The incident occurred after pick-ups began; Parent A (parent of Child A) was informed of the incident when they arrived to pick up Child A.
Sr. Price stated that she had already placed a work order to install a gate in the gapped fence.
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