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MISSOURI DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

OFFICE OF CHILDHOOD - CHILD CARE COMPLIANCE

COMPLAINT INVESTIGATION OF SUBSTANTIATED STATUTE OR RULE VIOLATIONS
Facility Information
Date of Report
2/27/2024 12:00:00 AM
DVN
000704492
Facility Name
EAST MISSOURI ACTION AGENCY, INC.
Facility Address
1111 LINDEN ST
City
CAPE GIRARDEAU
Zip Code
63701
Phone
(573) 334-5533
County
CAPE GIRARDEAU
Assigned Specialist
OMALLEY, PATRICK
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.182(1)(A)1. Caregivers shall not leave any child without competent supervision.
5 CSR 25-500.182(1)(A)3. Caregivers shall provide frequent, direct contact so children are not left unobserved on the premises.
Conclusion Summary
On February 27, 2024, the Office of Childhood (OOC) received an allegation that on February 21, 2024, Child A (5-years-old), was left in a classroom, unsupervised for roughly nine minutes at East Missouri Action Agency, Inc. After conducting an investigation, Compliance Inspector (CI) Patrick O'Malley has found this allegation to be substantiated based on the following evidence: 5 CSR 25-500.182(1)(A)1., which states: "Caregivers shall not leave any child without competent supervision." AND 5 CSR 25-500.182(1)(A)3., which states: "Caregivers shall provide frequent, direct contact so children are not left unobserved on the premises." On March 5, 2024, CI O'Malley conducted an unannounced inspection of the facility and observed video of the incident, dated February 21, 2024. The video shows an overhead angle of a classroom with an open doorway. Several children cross the doorway and Child A enters the classroom. Child A lays down on a cot behind a table to the left of the doorway; Child A covers themselves with a blanket. After approximately thirty seconds, teacher Danielle Soste enters the classroom carrying another cot. Ms. Soste stacks the cot on a third cot and exits the classroom. After approximately two minutes, additional children cross the doorway. After approximately five minutes, cook Porshia Williams enters the classroom and Child A sits up from under their blankets. Ms. Williams takes Child A by the hand, and both exit the classroom. Child A was alone in the classroom for approximately 9 minutes. CI O'Malley conducted interviews with Ms. Soste, Ms. Williams, director Esther Shutters, teachers Brittney Kimble, Sierra Thompson, and Child A. Ms. Soste stated that on February 21, 2024, the class went to the cafeteria at 10:30 a.m. for lunch. A name-to-face count was done before the class left the classroom. The class stopped at the hallway restrooms to wash hands. The children lined up along the walls after they exited the restroom. Ms. Williams counted the children once they reached the cafeteria. Ms. Williams asked where Child A was; Ms. Williams left the cafeteria. Ms. Williams re-entered the cafeteria with Child A a few minutes later. Ms. Williams reported that Child A was hiding in the classroom next to the restrooms. Ms. Thompson stated that name-to-face checks were supposed to be done whenever the class left the classroom and again when the class arrived at the cafeteria. Ms. Thompson was a floater and forgot her class attendance sheet for the day. Ms. Thompson should have performed a count after the children used the restrooms, but she did not. Ms. Williams discovered that Child A was missing after the class got to the cafeteria. Ms. Williams stated that she counts the children when they arrive at the cafeteria for the subsidized food program. Ms. Williams was Child A's aunt and realized that Child A was missing right away. Ms. Williams walked back along the hallway, checking classrooms as she went. Ms. Williams found Child A hiding under blankets on a cot in the classroom next to the restrooms. Child A reported that they hid on purpose. Ms. Shutters stated that she was informed of the incident involving Child A on February 22, 2024. Ms. Shutters reviewed video footage of the incident; Child A hid under blankets for approximately nine minutes. Ms. Shutters informed Parent A (parent of Child A) of the incident via phone on February 22, 2024. A class count is now done after the children line up in the hallway after washing their hands. Ms. Shutters informed CI Jessica Spencer of the incident via email on February 27, 2024.
Corrective Measures
Corrective MeasureCompleted (Y/N)Completed Date
The facility is hereby notified that they are being placed on close supervision for a period of 6 months. Y 4/23/2024 12:00:00 AM
The facility shall notify all staff members of the violations which were substantiated, and specify the actions to be taken by all staff in order to comply with all violations cited. A copy of the memo, letter, or staff meeting agenda shall be submitted to the Office of Childhood. Y 4/24/2024 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
4/23/2024 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L