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Compliance Inspector (CI) Jessica Graham investigated the allegation that on March 25, 2024 at 11:27 AM, Mrs. Dariyn threw Child A (age 2-years-old), down on the cot face down and held him down, restraining him with her legs. This was observed on video. Child A has been scared to go to sleep for the last two weeks since Mrs. Dariyn started and has been Child A's teacher. 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
5 CSR 25-500.182(1)(C)9., "Punishment or threat of punishment shall not be associated with food, rest, or toilet training."
On April 11, 2024 Parent A stated that on March 25, 2024, she was viewing nap time video footage from Child A's classroom. She saw Dariyn, caregiver, sitting on the floor next to Child A while he was on his cot. It looked like Dariyn was leaning on Child A's cot while he was fussing. Parent A observed Dariyn push Child A down using her upper body, pick up Child A and then slam him down on his cot. Dariyn then placed her leg over his body to hold him down. Once Parent A observed this, she called the director, Jessica Schneider, and told her what was happening.
On April 11, 2024, director Jessica Schnieider said that Dariyn is a newer caregiver that was working in the 2 and 3-year-old classroom covering for breaks. The children had just finished lunch and were settling down for nap time. Child A was not laying on his cot so Dariyn had taken away his blanket and his stuffed animal. She picked up Child A under his arms and laid him down and put her leg on him. Parent A called her during this time and said that she had concerns on what she viewed from the video footage. Jessica went into the classroom to talked to Dariyn about the concerns and then planned some extra trainings for Dariyn.
Kathy said that she normally works as a floater but was in the classroom with Dariyn on March 25, 2024. She does not remember that day or what was going on. She said that classroom is hard to get settled.
Sarah and Natalie stated that they are main teachers in that classroom and have worked with Dariyn before. They have never had any concerns with Dariyn and the children love her. They both agreed that the classroom is hard to settle at nap time and Child A requires someone to sit with him to get him to rest. They have never seen anyone place their legs over a child or hold them down. They were both made aware of the incident with Dariyn placing her leg over Child A.
Dariyn said that she was working with Child A at nap time and he was not settling down on his cot. She did put her leg over him while he was laying down. Jessica came in and told her that Parent A was watching the video and did not like what she was doing with Child A. After this incident, Jessica had her do some extra trainings. She understands that she should not do this and has also made some sensory toys for the children to play with during nap time.
Christine has been working with Dariyn and the 2 and 3-year-old classroom at nap time. They have added in a transition activity to push back nap time and she has assisted them in settling the classroom.
On April 11, 2024, CI Graham observed video footage from March 25, 2024. The footage shows the 2 and 3-year-old classroom during nap time. Caregivers in the room are Dariyn Hogg and Kathy Melton-Signh. There is no audio. Child A is wearing black pants and a gray/white shirt with blue sleeves. Children are supposed to be laying on their cots.
Clip one length is 1:52:
-Child A is climbing on top of the play stove.
-Dariyn is sitting between two cots patting backs.
-Kathy is walking around the room.
-Dariyn walks over to Child A while he is climbing on the stove.
-Child A walks over to his cot.
-Dariyn picks up Child A under his arms, turns his body around and puts him on his cot, stomach down.
-Kathy is walking by Dariyn but does not address anything.
-Dariyn sits on the floor next to Child A and starts patting his back.
-Child A rolls over onto his back.
-Child A is wriggling around, kicking and smacking at Dariyn.
-Dariyn grabs Child A by the leg and rolls him over onto his side.
-Child A is kicking and Dariyn is blocking his legs with her hands.
-Kathy is walking around the room.
-Dariyn stays by Child A and tries to pat him but he is kicking and smacking.
-Dariyn then removes her hands and sits by Child A.
Clip two length is 0:55:
-Child A gets off his cot and walks to the bathroom.
-Dariyn gets up to help another child with their blanket.
-She picks up that child and sets him on the floor to put his sheet on his bed.
-Kathy is sweeping the floor.
-Child A is walking around the room.
Clip three length is 0:42:
-Dariyn gets Child A's blanket and had him come over and lay back down.
-She wraps the blanket around him and picks him up in a cradle position and rocks him.
-She lays Child A down on his bed, on his stomach, sits beside him and pats his back.
-Kathy is sweeping the floor.
-Dariyn sits by Child A and pats his back.
Clip four length is 1:24:
-Child A is wriggling around on his cot while Dariyn pats his back.
-Dariyn is leaning on Child A's cot.
-There are five children in view that are awake and restless.
-Kathy is sweeping.
-Child A is kicking and swinging his arms.
-Dariyn grabs his arm to stop him and lays it down by his side.
-She picks Child A up and puts him on her lap.
-She turns Child A over onto his stomach and places him back on his cot.
-Dariyn places a blanket over Child A and then puts her leg over his back.
-Child A is kicking.
-Dariyn is sitting next to Child A with her leg over him.
Clip five length is 0:28:
-Jessica walks into the room and goes over to talk to Dariyn.
-Dariyn still has her leg over Child A.
-Dariyn removes her leg.
-Jessica leans down to talk to Child A.
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