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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
Facility Information
Date of Report
10/20/2023 12:00:00 AM
DVN
000466446
Facility Name
YMCA-MID COUNTY BRANCH-MINIER EARLY CHILDHOOD EDUCATION CENTER
Facility Address
1900 URBAN DR
City
ST LOUIS
Zip Code
63144
Phone
(314) 962-3257
County
ST LOUIS
Assigned Specialist
OMALLEY, PATRICK
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.182(1)(A)1. Caregivers shall not leave any child without competent adult supervision.
5 CSR 25-500.182(1)(A)3. Caregivers shall provide frequent, direct contact so children are not left unobserved on the premises.
Conclusion Summary
On October 20, 2023, the Office of Childhood (OOC) received an allegation that the YMCA-Mid County Branch-Minier Early Childhood Education Center Green classroom went to the bathroom being supervised by teacher Dorthea Walsh. As kids were finished, they lined up in the hallway. The classroom proceeded to go outside. Child A (3-years-old) was in the bathroom unsupervised for five and a half minutes. Child A then went to their cubby and stood by their cubby putting their jacket on for three and a half minutes. Ms. Walsh then came back inside, saw Child A, and returned Child A back to their class. 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 October 27, 2023, CI O'Malley conducted an unannounced inspection of the facility and conducted interviews with teachers Sam Becker, Liz Garner, Child A, and Parent A (parent of Child A and staff member). Mr. Becker stated that he was usually a floating staff, assigned to various classrooms throughout the day. On Friday, October 20, 2023, at about 10:30 a.m., he was asked by the acting administrator, Ms. Garner, to take over the preschool class from Ms. Walsh. The preschool class was lined up outside the administrative area's restroom. Mr. Becker received the class iPad from Ms. Walsh and the class walked to the outside play area. Mr. Becker denied doing a name-to-face check after receiving the class iPad. A few minutes after going outside, Ms. Garner walked outside with Child A. Ms. Garner reported that Child A had been left in the restroom. Mr. Becker affirmed that he should have performed a name-to-face check after receiving the class iPad and before leaving the administrative area with the class. Ms. Garner stated that she was the administrator in charge on October 20, 2023. Ms. Garner left the infant/toddler room at about 10:30 a.m. and saw Child A standing by themselves in the hallway next to the administrative area. Child A was not upset, they just looked confused. Ms. Garner knew that Child A should have been with their class outside because she had just asked Mr. Becker to relieve Ms. Walsh and take Child A's class outside. Ms. Garner took Child A by the hand and walked them outside. Ms. Garner returned Child A to their class, informed Mr. Becker that Child A had been left at the restroom, and asked Mr. Becker to perform a headcount. Ms. Garner informed Parent A of the incident within a half-hour. Parent A stated that they were informed that Child A had been left in the administrative area's restroom for a few minutes on October 20, 2023. Parent A was not concerned about the quality of Child A's care and Child A was still enrolled at the facility. On November 7, 2023, CI O'Malley conducted a phone interview with Ms. Walsh, who stated that on October 20, 2023, the preschool class was scheduled to go outside at 10:30 a.m. Ms. Walsh asked to be relieved by another teacher. Ms. Walsh escorted the class to the restrooms in the administrative area, where the children used the restrooms two at a time. The preschool class were all potty-trained and did not require support in the restroom. Mr. Becker relieved her while the children while Child A was still in the restroom. Ms. Walsh told Mr. Becker that Child A was still in the restroom and Mr. Becker said, "I've got it." Ms. Walsh returned to the preschool classroom to retrieve her purse. When she walked back into the hallway, she saw Child A standing by themselves next to the coat cubbies. Ms. Garner walked into the hallway at the same time and Ms. Walsh told her that Mr. Becker had left Child A alone when he took the class outside. Ms. Garner returned Child A to their class. Ms. Walsh no longer works for the facility.
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 3/22/2024 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
12/18/2023 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L