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On April 2, 2024, the Office of Childhood (OOC) received an allegation that in November or December 2023, Child A (4-years-old) was penetrated by cook Ruldolf Hlavaty at Kindercare Education LLC. After conducting an investigation, Compliance Inspector (CI) Patrick O'Malley has found this allegation to be substantiated based on the following evidence:
5 CSR 25-500.102(1)(A), which states the following: "Child care personnel shall be of good character and intent and shall be qualified to provide care conducive to the welfare of children."
On April 3, 2024, KMOV News 4 reported that Rudolf Hlavaty was arrested at the daycare where he worked for admitting to possessing porn and sexually assaulting a child. The crimes occurred between November 2023 and this month [April 2024].
On April 4, 2024, the St. Louis Post-Dispatch reported that Rudolf Hlavaty was charged on April 2, 2024, with sexually abusing two children, one under 12 years of age. The St. Charles County police said they were tipped off by two child sex abuse task forces that Hlavaty wrote in an online chat that he worked at a day care and was using the day care's internet on his cell phone, which led police to the facility where he was arrested. Rudolf Hlavaty told officers in an interview that he had child sex abuse material on his phone and that he sexually assaulted a child younger than 12 at the day care.
On April 4, 2024, CI O'Malley conducted an interview with caregiver Courtney Crabtree. Ms. Courtney stated that she had been employed at the facility as a floater since October 2023. Mr. Rudy was mainly a cook and had been employed at the facility since December 2023. Mr. Rudy also covered breaks for teachers at naptime. On an unknown date after Christmas 2023, she entered the preschool classroom during naptime and observed Ms. Rudy and Child A (4-years-old) exiting the children's restroom. Mr. Rudy was visibly startled and said, "She said it tickled when I wiped." Child A did not appear upset and laid down on her cot; Mr. Rudy left the classroom. Child A had a history of using the restroom frequently and required assistance with wiping after bowel movements. Ms. Courtney reported what had happened to the director and the assistant director. Child A was verbal but did not report anything about Ms. Rudy after the incident. Child A's behavior did not change after the incident. Ms. Courtney did not like Mr. Rudy and considered him an "oddball." Mr. Rudy was constantly on his phone and had to be given the same instructions several times before he would perform a task. Mr. Rudy was lazy and socially awkward. Mr. Rudy never showed her anything inappropriate on his phone. Ms. Courtney did not think that Mr. Rudy was dangerous, just inexperienced, and childish.
CI O'Malley interviewed caregiver Abbey Poss, who stated that she was not aware of the restroom incident until after Mr. Rudy was arrested on April 1, 2024. Ms. Abbey never observed any behavioral changes to Child A. Ms. Abbey did not like Mr. Rudy and had to ask him several times to not hang out in her classroom. Mr. Rudy allowed children of both sexes sit on his lap after he delivered breakfast in the mornings. Ms. Abbey told Mr. Rudy that she was not comfortable with children sitting on his lap or him staying in the classroom after delivering meals. Mr. Rudy sometimes relieved her for breaks at naptime. Ms. Abbey gave Mr. Rudy explicit instructions to never be alone in the restroom with female children. Ms. Abbey never observed any specific actions on Mr. Rudy's part that were abusive or neglectful, just that Mr. Rudy made her feel uncomfortable. Mr. Rudy never showed her anything inappropriate on his phone.
On April 4, 2024, CI O'Malley interviewed assistant director Jane Striebel, who stated that Ms. Courtney reported to her about seeing Mr. Rudy and Child A exiting the preschool children's restroom in late December 2023 or early January 2024. Mr. Rudy was interviewed by herself and Ms. Hermann the same day. Mr. Rudy told her that Child A said, "That tickles," while Mr. Rudy was wiping Child A's anus. Mr. Rudy told her that assisting Child A in the restroom made him feel uncomfortable. Ms. Jane and Ms. Allie informed Mr. Rudy that he did not have to do anything that made him uncomfortable, and he did not have to assist any children in the restroom alone. Ms. Jane and Ms. Allie agreed at the time that Mr. Rudy did not do anything intentionally inappropriate, and Child A's statement caught both Mr. Rudy and Ms. Courtney off-guard. Ms. Jane did not think Mr. Rudy was a very good worker. Mr. Rudy was lazy, unmotivated, and slow. Mr. Rudy needed to be given the same instructions several times before he would comply. Mr. Rudy was still struggling with the basics of his job after several months of employment. Ms. Jane and Ms. Allie discussed firing Mr. Rudy a few weeks ago. Ms. Jane thought that Ms. Allie was being lenient towards Mr. Rudy because Ms. Allie was friends with Mr. Rudy's sister. Ms. Jane never directly observed any inappropriate behavior from Mr. Rudy. Mr. Rudy never showed her anything inappropriate on his phone.
CI O'Malley conducted an interview with district manager Christine Moore, who stated that Mr. Rudy's employment was terminated effective April 1, 2024. Ms. Allie was placed on indefinite suspension on April 1, 2024.
On April 4, 2024, CI O'Malley conducted a phone interview with director Alessandra "Allie" King Hermann, who stated that Ms. Courtney reported to her about seeing Mr. Rudy and Child A exiting the preschool children's restroom in early January 2024. Mr. Rudy was interviewed by herself and Ms. Jane the same day. Mr. Rudy told her that Child A said, "That tickles," while Mr. Rudy was wiping Child A's anus. Mr. Rudy told her that assisting Child A in the restroom made him feel uncomfortable. Ms. Allie and Ms. Jane informed Mr. Rudy that he did not have to do anything that made him uncomfortable, and he did not have to assist any children in the restroom alone. Mr. Rudy was socially awkward, but she did not have any concerns about him prior to April 1, 2024. However, she did have several caregivers report to her about feeling uncomfortable around Mr. Rudy but none of them were able to report any specific incidents or actions. Ms. Allie discussed terminating Mr. Rudy's employment with Ms. Jane in the past month, but she did not give Mr. Rudy any special treatment. Mr. Rudy never showed her anything inappropriate on his phone.
On April 26, 2024, CI O'Malley conducted a phone interview with Parent A (parent of Child A), who stated that Child A had mentioned Mr. Rudy as the person who made food, but Child A did not seem to talk about Mr. Rudy more than any other staff at the facility. Parent A had not noticed any behavioral changes to Child A. It was never made clear to Parent A that Mr. Rudy was being left alone with children. Parent A would not have given permission for a male staff to assist Child A alone in the restroom. Child A no longer attends the facility.
On June 18, 2024, Compliance Inspection Supervisor (CIS) Marla Chrisco observed the police report that confirmed the allegation.
The following rule violations were also found to be violated during the investigation:
5 CSR 25-600.020 (1), which states the following: "Prior to the employment or presence of a child care staff member in a licensed, regulated, or registered child care facility not exempted by section 210.1080.13, RSMo, the child care provider shall request the results of a criminal background check for such child care staff member from the department."
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5 CSR 25-500.102(1)(M), which states the following: "The provider shall request the results of a criminal background check for child care staff members as required by 5 CSR 25-600.020 General Requirements."
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5 CSR 25-500.102(1)(P), which states the following: "The child care provider shall conduct a Family Care Safety Registry screening prior to employment for any newly hired child care staff member who has a qualifying criminal background check result."
On April 4, 2024, CI O'Malley conducted an unannounced inspection of the facility and observed a Department of Elementary and Secondary Education, Office of Childhood eligibility letter for Rudolf Hlavaty dated January 10, 2024. The letter shows, "You are eligible to be employed or be present at a licensed, regulated, or registered child care facility." CI O'Malley also observed a Family Care Safety Registry (FCSR) letter dated January 9, 2024. The FCSR letter shows, "No finding reported in background screening." A new employee orientation for Mr. Hlavaty shows that all of his trainings were completed on December 13, 2023.
On April 4, 2024, CI O'Malley conducted a phone interview with director Alessandra "Allie" King Hermann. Ms. Allie stated that Mr. Rudy's hire date was December 13, 2024. Mr. Rudy began physically working in the building that day and was left alone to perform his duties in the kitchen within a week. They did not receive his eligible letter from his criminal background check and Family Care Safety registry until January 10, 2024. She is unsure of when Mr. Rudy began covering teachers' breaks.
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