| Conclusion Summary |
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On January 26, 2024, Compliance Inspector (CI) Cole Eddins conducted an unannounced inspection regarding the allegation that Child A (2-years-old) was grabbed by the left arm aggressively causing nursemaid's elbow. After conducting the investigation, CI Eddins finds the allegation is substantiated. This conclusion is based on the following evidence of licensing rule violations which occurred at the facility:
5 CSR 25-500.182(1)(C)7. which states: "Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited."
On January 25, 2024, CI Eddins interviewed Parent A and Child A. Parent A stated that on January 24, 2024, she received a phone call from Assistant Director Khristina Warlen at around 11:15 a.m. Parent A took Child A straight to the hospital where it was discovered that Child A had nursemaid's elbow. She stated that Child A told her that he was not listening to Caregiver Estes and that's why she pulled his arm. Child A stated that Caregiver Estes pulled his arm and that the doctor fixed his arm after daycare. Child A stated that Caregiver Estes popped his arm and that he was sitting in the calm corner when this happened. He stated that he was not being a very good listener and that's why he thinks Caregiver Estes pulled his arm.
On January 26, 2024, CI Eddins completed an unannounced inspection and interviewed Assistant Director Khristina Warlen. Assistant Director Warlen stated that the incident involving Child A occurred at around 11:05 a.m. January 24, 2024. She stated that she observed Caregiver Estes holding Child A and saying that she needed help. She observed Child A holding his arm close to his chest and Child A would not let anyone touch his arm. Assistant Director Warlen observed the incident caught on the facility CCTV cameras which showed Caregiver Estes grabbing and lifting Child A by his left wrist before she raised him up on his feet by both wrists. Assistant Director Warlen stated that Caregiver Estes lifted Child A by his wrists aggressively. Assistant Director Warlen stated that Caregiver Estes heard a popping sound when she lifted Child A off the ground from the calming corner.
On January 26, 2024, Compliance Inspector (CI) Cole Eddins conducted a walkthrough of the facility and reviewed the video footage from January 24, 2024, regarding Caregiver Estes and Child A. Director Griffen stated that the footage was recorded on the facilities' CCTV camera. Caregiver Bradley can be seen walking toward Child A while he is laying down in the calming corner near the right-side wall. At 10:53:34 a.m., Caregiver Estes leans down to grab Child A by his left wrist, and she lifted him up to his feet. Child A dropped back onto the floor while Caregiver Estes reaches back down to grab both of Child A's wrists to lift him back up on his feet. CI Eddins observed Caregiver Estes picking Child A up and holding him by his waist while she moves him over the far-right corner of the classroom. At 10:53:45 a.m., Caregiver Estes sets Child A and down on the floor while she drops to her knees to talk with him. Child A can be seen crying as he drops back to the floor.
On February 7, 2024, CI Eddins interviewed Caregiver Srenity Estes. Caregiver Estes stated that she tried to pick up Child A by under his armpits, but Child A had gone limp, and he fell to the floor. She heard a popping sound when Child A fell, and she observed Child A crying on the floor and holding his arm close to his body. She stated that she wanted to pick up Child A and move him back to the calming corner as a disciplinary action because Child A was not sitting still in the calming corner.
On March 18, 2024, Compliance Inspector (CI) Cole Eddins re-interviewed Caregiver Srenity Estes. She stated that she could have possibly grabbed Child A by his wrists, but she did not remember. She stated that she thought that Child A was running around the room but Child A could have possibly been sitting down when she grabbed him. Caregiver Estes stated that she moved Child A as a disciplinary action because she wanted Child A to sit back down in the calming corner.
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