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Compliance Inspector (CI) JD Greer conducted an unannounced investigation of the allegation that on February 22, 2024, Caregiver Bianca Hawks pulled Child A (7 years old) by the arm to circle time. Child A was held against his will on the carpet in a restraint. The allegation is substantiated based on the following information:
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
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 28, 2024, Compliance Inspector (CI) JD Greer interviewed Director Amanda Kay, who stated on Thursday, February 22, 2024, she was outside with a group of children. At approximately 4:22 p.m., Administrative Assistant Stephanie Willingham came outside with Child A (7 years old), who was crying. Administrative Assistant Willingham stated she heard someone yell so she got on the cameras to see if there was a situation in any classroom. She saw on camera Caregiver Bianca Hawks pulling an unknown child by the arm. She was unable to determine at that time which child it was. She immediately went to Caregiver Hawks' classroom and observed Caregiver Hawks restraining Child A on the carpet. Administrative Assistant Willingham was able to separate the teacher and child. Director Kay removed Caregiver Hawks from the classroom and reviewed the camera footage. Director Kay observed Caregiver Hawks on camera pull Child A by the arm and restrain Child A on the ground. Caregiver Hawks appeared to be wrestling and restraining Child A on the ground on camera. Caregiver Hawks told her that Child A was not listening when instructed to come to carpet time with the other children.
On February 28, 2024, CI Greer interviewed Administrative Assistant Stephanie Willingham, who stated on February 22, 2024, she heard an adult yell out their door that they needed a manager. Usually, caregivers will call the front desk if they need assistance. She pulled up the cameras to see if she could determine which class was having an issue. She observed on camera Caregiver Hawks rushing to one side of the room. She switched cameras to get a better view. She observed Caregiver Hawks dragging someone by the arm, but she could not tell for sure which child it was at the time. She immediately went to Caregiver Hawks' room and observed Caregiver Hawks sitting on top of Child A. Caregiver Hawks said to Child A, "You are lucky you are not my child." She was able to separate Child A and Caregiver Hawks. Child A was crying.
On February 28, 2024, CI Greer reviewed an incident report for Child A from February 23, 2024, and observed the description of incident states, "Reported to [Parent A] that after footage review, Child A was pulled by the arm to the circle time rug and was restrained on the carpet against his will until the administrative assistant walked in and stopped the incident. The report is signed by Parent A and Director Amanda Kay.
On February 28, 2024, CI Greer attempted contact with Caregiver Hawks and left a message. CI Greer did not receive a return call.
AND
5 CSR 25-500.102(1)(B) which states, "Child care personnel shall cooperate with the department."
AND
5 CSR 25-500.222(11) which states, "Records and reports shall be submitted to the department as required"
On February 28, 2024, CI Greer re-interviewed Director Kay. CI Greer requested that video footage be emailed if possible or sent to the Office of Childhood. CI Greer requested to set up a time to review video footage after Director Kay had spoken with Designee Brian Schubert.
On April 4, 2024, CI Greer emailed Director Kay in regard to the incident on February 22, 2024. CI Greer requested the video be emailed. CI Greer offered times of availability to come into La Petite Academy, Inc. to review and record video footage. CI Greer did not receive a reply to his request.
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