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Compliance Inspector (CI) JD Greer conducted an unannounced investigation of the allegations that the playgrounds are unsafe and inside the broken equipment there is standing water. The allegations are substantiated based on the following information.
5 CSR 25-500.092(3)(A), which states: "All outdoor equipment shall be constructed safely, in good condition and free of sharp, loose or pointed parts. Only lead-free paint shall be used."
On November 2, 2023, CI Greer conducted a walkthrough of the outdoor space and observed the following:
- Rotting wood and chipping paint on the railing that leads from the rear exit door, down the deck stairs to the playground equipment.
- There is chipping and flaking paint on the deck attached to the rear exit of the facility.
- There are exposed nails, sticking out approximately half an inch, on the north exterior wall of the facility.
- The paint on the outdoor play equipment is chipping in two spots on the ladder rungs going up the play structure and one spot on a support bar near the ladder rungs.
- Standing water on the infant playground in a play sink. There is no drain plug on the play sink. The standing water measured approximately 6 inches deep.
- The deck railing on the infant/toddler play area has rotting wood and exposed nails, sticking out approximately a half an inch to one inch.
- The railing leading to the infant room rear exit is chipped with bare wood.
- The flooring on the ramp leading up to the infant rear exit has chipped paint on the wood.
On November 2, 2023, manager Terri Blachford stated that she was aware there are some things outside that need to be repaired.
On November 2, 2023, caregiver Keri Hurst stated that there are some things outside that need to be repaired.
5 CSR 25-500.082(6)(A)1., which states: "A fenced outdoor play area shall be available on or adjoining the day care property. The play area shall be located so it is convenient and the children can gain access to it without hazard. For facilities initially licensed after the effective date of these rules or for the installation of new fences in existing facilities, the fence shall be at least forty-two inches (42") high. An outdoor play area used exclusively for school-age children shall not be required to have a fence. Fences shall be constructed to prevent children from crawling or falling through or becoming entrapped."
On November 2, 2023, CI Greer conducted a walkthrough of the outdoor space and observed the following:
- In the northwest corner of the playground, the fence height was measured at 37 inches.
- There is a gap in the north fence, measuring approximately 4 inches.
5 CSR 25-500.182(2)(C), which states: "Daily activities for infants and toddlers shall include:"
AND
5 CSR 25-500.182(2)(C)8., which states: "Opportunity for outdoor play when weather permits. "
On November 2, 2023, caregiver Kaitlyn Beattie stated that she does not usually take the infants outside, especially now that it is getting cold outside.
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