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On November 27, 2023, the Office of Childhood (OOC) received an allegation that on November 22, 2023, the children were on the playground. The teacher said she failed to count them again once they came back in the classroom. The Director found out the 3-year-old child who was playing by himself on the playground, had been left unattended for twenty to twenty-three minutes. After conducting an investigation, Compliance Inspector (CI) Ian Fyfe has found this allegation to be substantiated based on the following evidence:
5 CSR 25-500.182(1)(A)1., which states that: "Caregivers shall not leave any child without competent adult supervision."
AND
5 CSR 25-500.182(1)(A)3., which states that: "Caregivers shall provide frequent, direct contact so children are not left unobserved on the premises."
AND
5 CSR 25-500.082(6)(A)3., which states that: ."Adult supervision shall be provided at all times when children are outside. For children three (3) years of age and above, staff/child ratios may be one and one-half (1 1/2) times the indoor staff/child ratios. The required indoor staff/child ratios shall be maintained on the premises at all times."
On December 4, 2023, Compliance Inspector (CI) Ian Fyfe conducted an unannounced inspection to Mercy Co-worker Children's Center and interviewed Director Stephanie Viviano, Supervisor Linda Pagano, and Caregiver Amber Schmidt. Child A was present at the facility but was not interviewed. On November 22, 2023, at approximately 4:30 PM, Parent C called Ms. Viviano and informed her that a child was alone on the playground. Ms. Viviano immediately went to the playground and found Child A (3-years-old) to be there by himself. As she was getting Child A to come inside, Parent A (parent of Child A) arrived to pick up Child A. Parent A was immediately informed of the incident. Ms. Lombardo, the caregiver who was caring for Child A at the time, had her employment terminated because of the incident. The incident was the result of Ms. Lombardo not conducting the required name-to-face count after she brought her class inside from the playground. Ms. Viviano provided camera footage of the incident to CI Fyfe.
On December 8, 2023, CI Fyfe reviewed camera footage of the facility's playground from November 22, 2023, during the times of 3:54 PM, to 4:33 PM. In total, Child A was outside without adult supervision for approximately thirty-one minutes and fifty-four seconds. During this timeframe, Child A wandered around the playground, climbed on playground equipment, and stood by the door. Child A tried multiple times to open the door himself but did not succeed.
On December 11, 2023, CI Fyfe interviewed Parent A (parent of Child A). On November 22, 2023, Parent A and Parent B (parent of Child A) arrived to pick up Child A. When they parked and exited their vehicle, they saw Child A standing on the playground by himself. Before they went inside, Ms. Viviano came onto the playground and brought Child A inside the building. Child A was not upset but did appear to be cold and confused. Parent A believes that Ms. Viviano handled the situation appropriately and took the right steps in addressing the incident. The staff member that was involved in the incident had her employment terminated. Parent A had no other concerns regarding the facility or its' staff members. Child A is going to continue attending the facility at this time.
On December 14, 2023, CI Fyfe interviewed Elizabeth Lombardo. Ms. Lombardo denied that she had left Child A on the playground as long as what was alleged. She blames the incident on name-to-face counts being too difficult to do.
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