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Compliance Inspector (CI) Jessica Graham investigated the allegation that on January 30, 2024, Child A (age 3) screamed, "Let go"! when staff Marlena was holding Child A down crossing her arms on her cot at naptime. Child A's arms were very red and had fingerprints on them. This allegation is substantiated based on the following rule violation.
5 CSR 25-500.182(1)(C)3., which states: "Only constructive, age-appropriate methods of discipline shall be used to help children develop self-control and assume responsibility for their own actions."
AND
CSR 25-500.182(1)(C)9., which states: "Punishment or threat of punishment shall not be associated with food, rest, or toilet training."
AND
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 February 1, 2024, director Brittanie "Bee" Sebastian agreed that she was told by caregiver Kiara Conner that Marlena McFarland, caregiver, was holding down Child A, age 3-years-old during nap time. Kiara told her that she heard Child A saying "let me up" and saw Marlena holding Child A with her arms across her chest. Bee did not witness the incident and the facility does not have cameras for review. Bee stated that Child A does have aggression issues and nap time is a trigger for her.
Marlena said that Child A was not listening during nap time and would get up and hit things and try to wake up the other children. Marlena said that she picked up Child A under the arms and put her on her cot but she kept getting up. After about five times, Marlena held Child A down on her cot by putting one hand on both of her knees. Child A was screaming and throwing a tantrum the whole time. Child A was saying "stop, I don't wanna lay down". Marlena said she did not ask for help from anyone because this was typical behavior for Child A. Child A is given a book or quiet toy at nap time but will throw the item.
On February 5, 2024, CI Graham called Leandra Dunlap, caregiver, and she said that Kiara told her about Marlena holding Child A down. Leandra saw red marks on Child A's arm after hearing about the incident.
CI Graham called Kiara Conner, caregiver, and she said she heard Child A screaming "let go" and saw through a window that Marlena was holding Child A down on a cot. Child A was screaming while Marlena was holding her by her mid-arm. She told Bee about the incident. Child A did have marks on her arms that resembled hand prints.
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