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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
10/3/2023 12:00:00 AM
DVN
002891027
Facility Name
A BETTER LIFE BRIGHTER FUTURE, LLC
Facility Address
600 FLORLAND DR
City
FLORISSANT
Zip Code
63031-6002
Phone
(314) 249-7687
County
ST LOUIS
Assigned Specialist
OMALLEY, PATRICK
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.092(1)(B)1.A. An individual cot or bed shall be provided for each child who naps or sleeps. An individually assigned sheet and blanket shall be provided for each child twelve (12) months and older who naps or sleeps. Upper levels of bunk beds shall not be used.
5 CSR 25-500.092(1)(B)2.I. Sitting devices such as car safety seats, strollers, swings, infant carriers, infant slings, and other sitting devices shall not be used for sleep/nap time. Infants who fall asleep anywhere other than a crib, portable crib, or playpen shall be placed in the crib or playpen for the remainder of their sleep or nap time.
5 CSR 25-500.182(2)(B)1. Developmentally appropriate play experiences and activities planned to meet the interests, needs, and desires of the children;
5 CSR 25-500.182(2)(B)3. Indoor and outdoor play periods which provide a balance of quiet and active play, and individual and small group activities. Activities shall provide some free choice experiences;
Conclusion Summary
On October 3, 2023, the Office of Childhood (OOC) received an allegation that Child A (2-years-old) wouldn't nap, so A Better Life Brighter Future, LLC staff moved them to a swing and didn't restrain them in the swing. After conducting an investigation, Compliance Inspector (CI) Patrick O'Malley has found this allegation to be substantiated based on the following evidence: 5 CSR 25-500.092(1)(B)2.I., which states the following: "Sitting devices such as car safety seats, strollers, swings, infant carriers, infant slings, and other sitting devices shall not be used for sleep/nap time. Infants who fall asleep anywhere other than a crib, portable crib, or playpen shall be placed in the crib or playpen for the remainder of their sleep or nap time." AND 5 CSR 25-500.092(1)(B)1.A., which states the following: "An individual cot or bed shall be provided for each child who naps or sleeps. An individually assigned sheet and blanket shall be provided for each child twelve (12) months and older who naps or sleeps. Upper levels of bunk beds shall not be used." On October 3, 2023, CI O'Malley conducted a phone interview with First Steps therapist Michelle Purvia, who stated that Child A was regularly placed in a swing to fall sleep; Child A was too big for the straps to fit comfortably, so the straps were not used. On October 10, 2023, CI O'Malley conducted an unannounced inspection of the facility and observed an infant swing in the infant/toddler unit. CI O'Malley did not observe any children in the swing. CI O'Malley conducted an interview with LLC member Lashonda Baker, who stated that Child A was autistic and had special needs, including alternative sleeping arrangements. Ms. Baker stated that Parent A (parent of Child A) gave the facility permission to sleep Child A in an infant swing. Ms. Baker stated that the facility did not have a physician's note for alternative sleeping arrangements on file for Child A. Ms. Baker stated that Child A slept in a swing at home. On October 16, 2023, CI O'Malley conducted a phone interview with Parent A, who stated that they were aware that Child A was being slept in a swing at the facility. Parent A gave the facility permission for Child A to be slept in a swing. Child A slept in a swing at home. Parent A was attempting to get a note from their physician, giving permission for Child A to be slept in a swing. Child A was nonverbal.
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. A copy of the memo, letter, or staff meeting agenda shall be submitted to the Office of Childhood. Y 4/16/2024 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
12/1/2023 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L