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Compliance Inspector (CI) Heather Radney conducted an investigation of the allegation that Child A, almost 2 years old, was left on the playground for under a minute unsupervised. The allegation is substantiated based on the following:
5 CSR 25-500.182(1)(A)1. - Caregivers shall not leave any child without competent supervision.
and
5 CSR 25-500.182(1)(A)3. - Caregivers shall provide frequent, direct contact so children are not left unobserved on the premises.
On December 19, 2023, CI Radney conducted interviews with Chief Executive Officer Mary Esselman, Director of Education Mary Mulkey and Caregivers Lesa Flanagan and Arki Collins. Mary Esselman reported the incident occurred on December 5, 2023. Child A's teachers were Arki Collins and Lesa Flanagan. Child A was alone for less than fifteen seconds. His teachers had just left the playground and were on the other side of the door starting to walk to their classroom when they realized he was still outside. He was not injured. Mary Mulkey reported she reviewed the video footage. The teachers were both at the front of the line and entered the building at 3:48:11. Child A ran off from the back of the line. The teachers stopped inside the building at 3:48:37. Robert saw Child A on the playground as he was entering the playground and runs back inside to get the teachers. Arki ran outside and got Child A at 3:48:44. Their video footage is not saved. Robert has been retrained and instructed to stay with the child if he ever observes a child alone. Lesa Flanagan reported they had lined the class up outside. Arki and she were standing with the children at the front of the line. The kids played as they walked inside and were moving everywhere. They got in and were standing in the hallway and started to count their kids. Robert came yelling "you guys left a baby!" Arki ran to get Child A. They were about ten feet away from the door. It was just seconds that he was outside unsupervised. Arki Collins reported they lined up outside about 9:55 a.m. She didn't have them stand still to walk inside one by one because it was cold and they all wanted to be inside. They got to the green door which was about 10 feet from the outside door and Robert said "you left a student outside!" She ran outside and got Child A. Child A was just standing on the playground, talking to himself and waving his arms. He did not appear upset and was not injured. He was unsupervised for about 5 seconds.
On December 19, 2023, CI Radney observed the outdoor play space is separated from the indoor classrooms by large glass windows and doors. The outdoor play space opens up to a lobby and classrooms begin and go down the hall.
On February 1, 2024, CI Radney attempted to reach Parent A. A voicemail was left but no return call was received.
On February 1, 2024, CI Radney conducted a telephone interview with Tequila Boyd. She is the supervisor for Child A's classroom. She wasn't there when the incident took place. Someone told her the teachers came in and told her the teachers left the child outside for approximately five seconds. Arki came to her and told her about the incident; Arki said it was no longer than five seconds that Child A was outside without an adult. She went to Lesa and asked about the incident. Lesa said the kids took off running when they started counting; they came inside and immediately turned around and went back because they were missing one. They have done some training with Arki and Lisa on the transition procedure since the incident.
On February 1, 2024, CI Radney conducted a telephone interview with Robert Gunn. The class was at the door, coming inside. He was waiting for them to come in to take his cleaning stuff outside. When he walked outside, he saw Child A hiding by the slide. Child A was not even bothered. He didn't appear hurt or upset. Before the door had closed, he went back in and told them they left a child. The class hadn't even gone down the hall yet, and were about five feet inside the building. He estimates it was about five seconds that Child A was unsupervised.
Based on the information provided, it appears Child A was left unobserved on the premises for approximately 33 seconds when his teachers and classmates went inside the building and he remained on the playground.
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