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On November 29, 2023, the Office of Childhood (OOC) received an allegation that Child A (2-years-old) has marks on his back, chest, and under his arm pits. Teacher Tammy Scott was holding him under his armpits against a wall and screaming at him. After conducting an investigation, Compliance Inspector (CI) Ian Fyfe has found this allegation to be substantiated based on the following evidence:
5 CSR 25-500.192(5)(A), which states that: "In case of accident or injury to a child, the provider shall notify the parent(s) immediately. If the child requires emergency medical care, the provider shall follow the parent's(s') written instructions."
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5 CSR 25-500.182(1)(C)3., which states that: "Only constructive, age-appropriate methods of discipline shall be used to help children develop self-control and assume responsibility for their own actions."
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5 CSR 25-500.182(1)(C)8., which states that: "No discipline technique which is humiliating, threatening, or frightening to children shall be used. Children shall not be shamed, ridiculed, or spoken to harshly, abusively, or with profanity."
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5 CSR 25-500.182(1)(C)7., which states that: "Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited."
On December 6, 2023, Compliance Inspector (CI) Ian Fyfe conducted an unannounced inspection to Discovery Kids, Inc. and interviewed staff members Ladonna Brase, Molly Stevens, Breanna Demariano, and Leanna Buchanan. All staff members interviewed by CI Fyfe provided consistent information. On November 29, 2023, sometime between 9:35 AM and 9:45 AM, Ms. DeMariano entered the 2-year-old classroom and saw staff member Tammy Scott holding Child A in place so that he stayed in timeout. Ms. DeMariano then left the classroom and had Ms. Stevens replace her. Ms. DeMariano then informed Ms. Brase, the staff member in charge at the time, of what she had seen. Ms. Buchanan arrived at the facility at about 10 AM and joined Ms. Scott in the classroom. When Ms. Buchanan entered the room, Ms. Scott was crouching by Child A. Ms. Scott appeared to be frustrated and was telling Child A that he needed to stay in timeout. Child A was upset. Ms. Brase proceeded to escort Ms. Scott out of the building and informed Director Carrie Modde about what happened. Staff members called Parent A (parent of Child A) and told her about the incident. An accident report was completed and photos were taken of red marks left on Child A. Parent A arrived at the facility shortly after being called. Child A was present at the facility during CI Fyfe's inspection but was not able to be interviewed. CI Fyfe did not observe any marks to be present on Child A.
On December 11, 2023, CI Fyfe interviewed Director Carrie Modde via phone call. Ms. Modde learned about the reported concerns from Ms. Brase via phone call at 9:30 AM on the day of the incident. According to Ms. Brase, Ms. Scott grabbed Child A and left red marks on him. She told Ms. Brase to send Ms. Scott home, which she did. Ms. Scott had her employment terminated for this incident.
On December 14, 2023, CI Fyfe interviewed Parent A (parent of Child A) and Parent B (grandparent of Child A) via phone call. On the day of the reported concerns, Parent A received a phone call at 11:45 AM and was told about the reported concerns. She arrived at the facility at about 12:00 PM. When she arrived, staff member Katie Fitzgerald was examining Child A. Child A was not upset but he did tell her that Ms. Tammy [Scott] had hurt his arm. When she asked about what had happened, she was told that Ms. Scott was seen holding Child A so that she could keep him in a timeout position. Parent A informed CI Fyfe that she was not contacted immediately after the incident happened as she was contacted by facility staff two hours after the incident had occurred.
On December 14, 2023, CI Fyfe interviewed Tammy Scott via phone call. She does not remember much of the incident. On the day of the reported concerns, she told Child A to go to timeout. Child A was mad and did not want to go to timeout. Child A tried to leave timeout, but she told him no. She does not remember grabbing Child A despite Ms. Buchanan and Ms. DeMariano telling her that they saw her do it. After she went home for the day, Ms. Modde called her and fired her.
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