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Compliance Inspector (CI) Jessica Graham investigated the allegation that on 4/30/2024, staff Lisa Martin restrained Child A (age 5-years-old), who would not stay on her cot and left red marks on her arms. This allegation is substantiated based on the following rule violation:
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."
AND
5 CSR 25-500.182(1)(C)9; which states: "Punishment or threat of punishment shall not be associated with food, rest, or toilet training."
On May 7, 2024, Parent A (parent of Child A), stated that when she picked up Child A on April 30, 2024, Child A told her that Lisa, caregiver, had pinched her and scratched her arm and held her on a cot where she couldn't move her legs or head. Then she said that Lisa took her to another classroom and was squeezing her tight.
On May 9, 2024, director Hayley Hall stated that caregiver Lisa Vowels came to her concerned about an interaction between Lisa Martin, caregiver, and Child A. Hayley watched video footage and contacted the deputy director. Lisa Martin was sent home for her behaviors that day. Hayley observed red marks on Child A's arm at the time that Lisa Vowels came to her.
Veronica Sanmiguel was working in the classroom with Lisa Martin on April 30, 2024. The class was lying down for nap time. Child A was one of the last children to go to sleep and Lisa Martin usually did not sit by her, but on this day everyone else was already asleep. Child A started crying because she didn't want Lisa Martin to sit by her. Lisa Martin picked up Child A and put her on her lap. She couldn't see what was going on because of where she was sitting, but Anita, the other caregiver in the room, went over and asked Lisa Martin if she needed help. Lisa Martin refused and then took Child A out of the classroom to another room.
Anita Vilchis was in the classroom with Lisa Martin and Child A. She said that Lisa Martin was holding Child A to get her to calm down but Child A was hitting her and scratching her. Child A was throwing a fit, but she didn't think that Lisa Martin was being inappropriate.
Lisa Vowels, caregiver, was in the classroom next door and had heard a child screaming. She decided to go see what was going on and that is when she saw Lisa Martin holding Child A on her lap in an empty classroom. Child A's face was red and had snot and tears. She asked Lisa Martin what was wrong and she said that Child A was throwing a fit. She told Lisa Martin that she was not supposed to be restraining the children and then took Child A away from Lisa Martin.
Belen Sanmiguel said Parent A came inside after taking Child A to the car upset, saying that Child A told her what had happened with Lisa Martin. She told Parent A that Lisa Martin would not be at the facility any longer.
Parent B (parent of Child B), Parent C (parent of Child C), and Parent D (parent of Child D), are all also caregivers at the center as well as have children that attend. Their children were in the classroom with Lisa Martin at one point and then were moved out because of how Lisa Martin interacted with them. Parent B said that Lisa Martin had held Child B by the arm outside and wouldn't let him play. She had also witnessed Lisa Martin holding Child A between her legs during nap time on a different date.
Parent C said that she had Child C moved out of Lisa Martin's classroom because he had started saying that he hated school and that Lisa Martin was mean to him. There was one time that Lisa Martin had Child C restrained at nap time by holding his body down.
Parent D said that she had heard that Lisa Martin would mishandle the children and yell and get in the kids faces.
On May 7, 2024, CI Graham viewed video footage of Classroom B where Lisa Martin and Child A were on April 30, 2024. The video is timed at 10:43:46 and the start of nap time. The speed of the video is increased during recording. There is audio but it is unclear. The video is 22 minutes long.
Video 1:
-Child A is sitting on the floor by her cot.
-Lisa Martin is walking around the room.
-Anita Vilchis is sitting next to a child by the sink reaching between two shelves.
-Veronica Sanmiguel is sitting against wall between two cots.
-Lisa Martin walks toward Child A's cot with a floor seat.
10:44:08 Lisa M grabs Child A by the right arm and grabs her left leg and pulls her onto the cot.
10:44:16 Child A is kicking her feet while Lisa M rests her left forearm over Child A's stomach.
10:44:29 Lisa M takes away Child A's pillow. Child A remains kicking and moving her arms.
10:44:39 Lisa M picks up Child A by the upper arms onto her lap. Child A is kicking and flailing her arms.
10:44:53 Lisa M is holding Child A while she is kicking and trying to grab the cot.
10:44:58 Another child picks up Child A's pillow and hands it to her then Lisa M takes it away.
10:45:11 Child A is hitting at Lisa M's arms. It is unclear how Lisa M is holding Child A due to the angle of the video.
Child A struggles with Lisa M; hitting, kicking and slamming her head.
Other children in the room are walking around, playing with toys, crawling on the floor and going to the bathroom.
10:47:14 Lisa M turns Child A to lay across her lap sideways, against her body. Child A is still kicking and hitting.
10:48:48 Child A tries to get out of Lisa M's arms. Lisa continues to hold and rock Child A.
10:49:09 Child A turns her body around to be sitting on Lisa M's lap, facing away from her.
Child A can be heard crying/screaming.
10:51:01 Child A turns herself over again in Lisa M's lap.
10:51:10 Lisa M pulls the cot closer.
10:51:19 Child A sits up on Lisa M's lap facing her and is flapping her arms. Child A is crying.
10:51:44 Lisa M holds Child A's hands down against her lap.
10:52:05 Lisa M lays Child A down across her lap and Child A starts kicking and swinging her arms. Child A is hitting Lisa M.
10:53:49 Anita walks over to Lisa M and Child A offering help then goes back to sit by the other children.
10:54:09 A child picks up Child A's pillow and walks around with it. Child A is screaming, hitting and trying to get loose.
10:54:31 Lisa M puts Child A on her cot, Child A sits on her knees, then Lisa M picks her back up off the cot.
Child A is hitting and flailing.
10:55:19 Child A tries to get up while Lisa M is looking at the children behind her. Lisa M continues to hold Child A.
10:56:04 Child A is hitting Lisa M on the back. Lisa grabs Child A by the wrist and spins her around and holds her again.
Child A is crying "let go of me". It is unclear what Lisa M is saying to Child A.
10:56:57 Lisa M puts Child A back on the cot. Child A tries to get off the cot and Lisa M holds Child A by the waist.
10:57:17 Child A sits on the floor beside her cot. Lisa M grabs her by the arm area and pulls back on the cot.
10:57:20 Lisa M is holding Child A again.
10:58:01 A child is walking by Lisa M and she grabs at him.
Screaming is occurring in the classroom but it is unclear who it is from.
11:00:47 Child A appears calm and Lisa M lays her down on her cot.
11:00:54 Child A sits up and starts moving around again.
11:00:56 Lisa M puts Child A back on her lap.
11:01:11 Child A is on her cot, pointing on at something.
11:01:18 Lisa M picks up Child A and puts her back on her lap, holding her.
11:01:59 Lisa M lays Child A back on her cot.
Video 1 continued:
11:02:17 Child A is laying on her cot, screaming and kicking her legs.
11:02:54 Lisa M leans over and talks to Child A while she is screaming.
11:03:09 Lisa M pulls Child A's leg back onto the cot and Child A kicks Lisa M.
11:03:11 Child A rolls off her cot and Lisa M grabs Child A by the arms and puts her back on her lap. Child A smacked Lisa M on the face.
11:03:30 Lisa M stands up and is holding Child A and pulls Child A up to her feet by holding her upper arms.
11:03:35 Child A will not place her feet on the floor. Lisa M picks her up and walks out of the classroom.
Video 2 is 4 minutes in length and is Classroom C, which is empty. There is no audio on this footage.
11:03:53 Lisa M walks in holding Child A.
11:03:57 Lisa M sits in a chair holding Child A on her lap, facing towards her.
11:04:35 Child A stands up and turns herself around on Lisa M's lap.
11:05:00 Child A is hitting Lisa M's hand.
11:05:27 Lisa Vowels walks into the room and addresses Lisa M.
11:05:36 Lisa V takes Child A off of Lisa M's lap and carries Child A out of the room.
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