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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
3/4/2024 12:00:00 AM
DVN
000681481
Facility Name
OZARKS AREA COMMUNITY ACTION CORPORATION
Facility Address
915 N ASH ST
City
BUFFALO
Zip Code
65622
Phone
(417) 345-1522
County
DALLAS
Assigned Specialist
RADNEY, HEATHER E
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.182(1)(C)7. Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited.
5 CSR 25-500.182(1)(C)9. Punishment or threat of punishment shall not be associated with food, rest, or toilet training.
Conclusion Summary
On March 4, 2024, Office of Childhood (OOC) received the allegation that on March 4, 2024, Nutrition Assistant Judy Shay backhanded a child at lunch time and Lead Teacher Jessica Entsminger observed it. The allegation is substantiated based on the following information: 5 CSR 25-500.182(1)(C)7. - Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited. 5 CSR 25-500.182(1)(C)9. - Punishment or threat of punishment shall not be associated with food, rest, or toilet training. On March 8, 2024, CI Radney conducted an unannounced inspection and interviewed Caregivers Jessica Entsminger and Tonya Herd. Jessica reported she noticed a commotion at Tonya's table. She went to help. She got about halfway there and she saw Judy kind of walking around Child A to go around the table and all she saw was Judy hit Child A's arm and say "do not hit me, I don't like it when you hit me." Child A said "you don't have to hit me either" and started crying. Tonya reported after Judy left, Child A calmed down. Jessica asked her if she saw Judy hit Child A, and she said she (Jessica) saw Judy hit Child A. Judy came back in the classroom after to check and see if they needed more food and was upset about something else, saying they change rules all the time. Judy's face looked like a mad, frustrated, angry face. On March 8, 2024, CI Radney received and reviewed the caregiver statements regarding the incident. No additional information was obtained and the statements were consistent with CI Radney's in person interviews with the caregivers. On April 16, 2024, CI Radney conducted a telephone interview with Parent A. She said Child A did not tell her immediately about the incident but once she asked about he did tell her it happened. He did not give any additional details.
Corrective Measures
Corrective MeasureCompleted (Y/N)Completed Date
The facility shall notify all caregivers (paid employees and paid or unpaid volunteers) of the violations which were substantiated and specify the actions to be taken by all caregivers, in order to comply with all violations cited. A copy of the memo, letter, or meeting agenda shall be submitted to the Office of Childhood. Y 5/8/2024 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
5/3/2024 12:00:00 AM
Approving Supervisor
FOX, ROMENA