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On June 10, 2024, the Office of Childhood (OOC) received a complaint alleging that Child A (4 years old) and Child B (3 years old) were found by a passerby crossing Fremont Avenue after having eloped from The Crayon Academy, LLC. Compliance Inspector (CI) Heather Radney conducted an investigation of the allegation and found that it was substantiated based on the following information:
5 CSR 25-500.112(1) Staff/child ratios shall be maintained at all times.
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5 CSR 25-500.112(1)(A) The staff/child ratio and group size shall be followed as outlined in the below chart unless it meets an exception in subparagraphs (1)(B)-(G) below: Infants, toddlers, and 2-year-olds shall have one caregiver for every four children with no more than eight children per group; Groups composed solely of children 24 to 36 months shall have one caregiver for every eight children with no more than 16 children per group; Groups composed solely of children 3 to 4 years shall have one caregiver for every 10 children with no more than 20 children per group; Groups composed solely of children 5 years or older shall have one caregiver for every 16 children with no more than 32 children per group; A mixed group of children consisting of no more than four children age 2 years, and at least one child older than 3 years shall have one caregiver for every 10 children with no more than 20 children per group; A mixed group of children consisting of more than four children ages 24 to 36 months, and at least one child older than 36 months shall have one caregiver for every eight children with no more than 16 children per group.
On June 10, 2024, CI Radney conducted interviews with Heather Hawkins and Adalena Marlow. On June 11, 2024, CI Radney conducted an interview with Alyssa Nelson. On June 12, 2024 and June 14, 2024, CI Radney conducted follow-up interviews with Heather Hawkins, Adalena Marlow and Alyssa Nelson. Heather Hawkins reported when the incident occurred, she was at the facility in ratio with Adalena and Alyssa. She wanted them to go outside to maintain ratio due to another staff member leaving. Alyssa reported if they are out of ratio, they will take all kids outside at the same time. Caregivers reported Alyssa was outside with the children while Adalena and Heather were looking for Child A inside the building. Adalena and Alyssa both indicated that Adalena and Heather left the premises to go across the street to retrieve two children, which left Alyssa as the sole caregiver for 25 children with six 2-year-old children.
On June 12, 2024, CI Radney received and reviewed the facility's sign in sheet. It appears that there were 27 children with six children who were 2 years old and three caregivers present at the time of the incident. The ages of the children were confirmed by staff during interviews on June 14, 2024.
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5 CSR 25-500.182(1)(A)3. Caregivers shall provide frequent, direct contact so children are not left unobserved on the premises.
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5 CSR 25-500.182(1)(A)1. - Caregivers shall not leave any child without competent supervision.
On June 10, 2024, CI Radney conducted interviews with Heather Hawkins and Adalena Marlow. On June 11, 2024, CI Radney conducted an interview with Alyssa Nelson. On June 12, 2024 and June 14, 2024, CI Radney conducted follow-up interviews with Heather Hawkins, Adalena Marlow and Alyssa Nelson. Heather reported Adalena and Alyssa were with her and they were finishing breakfast in the big room. She wanted them to go outside to maintain ratio and began lining the children up to put sunscreen on them. She saw Child A go out the door from the big room to the hallway and she went and got him and brought him back into the big room. Child A and Child B must have slipped out another door behind her. Alyssa reported it was about 8:40 a.m. when she opened the door to go outside to the playground. Adalena reported she was outside with Alyssa and Heather was inside applying sunscreen to children. Heather would have been the last to see Child A and Child B because she never saw Child A or Child B outside. Heather came outside and asked if they had seen Child A. She said "I didn't even know he was here." Heather said "I can't find him." Alyssa reported she was standing by the unlocked gate of the playground when an unknown man walked up to her and asked if they were missing two kids. He said he had seen them run across Fremont and they were at the Mercy building. She called Heather to tell her what he had said at 8:47 a.m. She didn't know Child B was there until the man asked her if they were missing two children. She never saw Child A or Child B outside on the playground. She didn't know Child A was there until Heather had asked her where he was. They never mentioned Child B was also missing or that Child B was there.
On June 12, 2024, CI Radney conducted interviews with Parent A and Parent C. Parent A (Child A's mother) said Heather notified her of the incident. She said Child A is very flighty, defiant, and difficult to manage. Child A does things like this; he is very defiant and obstinate. Heather was aware of these behaviors. Parent C (Child B's father) said Heather notified him of the incident.
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5 CSR 25-500.122(2)(A) The provider, within thirty (30) days following the admission of each infant, toddler or preschool child, shall require a medical examination report signed by a licensed physician or registered nurse who is under the supervision of a licensed physician and completed not more than twelve (12) months prior to admission. The provider may use the department's medical assessment form or the provider may use its own form if it contains all the information on the department's form. The Child Medical Examination Report (Infant/Toddler/Pre-School) form, revised 2021, is incorporated by reference in this rule, as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https://dese.mo.gov/childhood/forms. This rule does not incorporate any subsequent amendments or additions.
On June 12, 2024, CI Radney received and reviewed Child A's file and Child B's file. Child A's date of birth is March 4, 2019 and his admission date was October 9, 2023. Child A did not have a medical report in his file on June 12, 2024. It was provided by Heather Hawkins on June 17, 2024 as she reported it was in her email. Child B's date of birth is November 29, 2020 and his admission date was December 11, 2023. Child B had a School-Age Child Health Report in his file, signed by his mother on December 10, 2023. The report is check marked to indicate "my child is in good health, is able to participate in group care, has no special health or medical requirements" and in the special health or medical requirements section is written "In SPS preschool- speech delayed." Child B is 3 years old and is not school-aged, so he should have a Physical Examination Report completed by a medical professional.
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5 CSR 25-500.132(6) A child who has a special physical, developmental, or behavioral need shall have on file an individualized plan for specialized care from a professionally qualified source.
On June 10, 2024, CI Radney conducted interviews with Heather Hawkins and Adalena Marlow. On June 11, 2024, CI Radney conducted an interview with Alyssa Nelson. On June 12, 2024 and June 14, 2024, CI Radney conducted follow-up interviews with Heather Hawkins, Adalena Marlow and Alyssa Nelson. Heather reported Child A's mother told her multiple times that he is an eloper. Child B running out of the classroom is a recent thing. She does not have an individualized plan for specialized care form for either child. Adalena reported Child B runs out of the classroom often and into the hallway where he runs away from his teachers. She does feel like Child A and Child B need one on one care. They both attend Springfield Public Schools Special Education Program. She was not aware of any medical or behavioral issues or diagnoses that Child A has. Alyssa reported Heather usually keeps Child A and Child B in the big room because they can be a bit much when they are in the smaller rooms, as they get overwhelmed easily. She is not aware of any behavior plans for Child A or Child B. Child B will run out of the classroom and most of the time the caregiver is right behind him and he runs down to the office wall and back. She believes Child A and Child B would do best with one on one care in the childcare setting but they do not always have that option.
On June 17, 2024, CI Radney reviewed Child A's medical dated September 28, 2023 and it indicated that Child A does require specialized care and lists "speech therapy, OT and Special Ed." The form is signed and dated by a medical doctor. Additionally, Child A's enrollment form lists "Special needs- must wear bike helmet for head banging" in the Comments on Child's Development section. Child B's enrollment form lists "speech delayed and some behavioral" in the Comments on Child's Development section.
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5 CSR 25-500.102(1)(E) - Caregivers shall have knowledge of the needs of children and shall be sensitive to the capabilities, interests, and problems of children in care.
On June 10, 2024, CI Radney conducted interviews with Heather Hawkins and Adalena Marlow. On June 11, 2024, CI Radney conducted an interview with Alyssa Nelson. On June 12, 2024 and June 14, 2024, CI Radney conducted follow-up interviews with Heather Hawkins, Adalena Marlow and Alyssa Nelson. Adalena reported Child B runs out of the classroom often and into the hallway where he runs away from his teachers. She does feel like Child A and Child B need one on one care. They both attend Springfield Public Schools Special Education Program. She was not aware of any medical or behavioral issues or diagnoses that Child A has. Alyssa reported Heather usually keeps Child A and Child B in the big room because they can be a bit much when they are in the smaller rooms, as they get overwhelmed easily. She is not aware of any behavior plans for Child A or Child B. Child B will run out of the classroom and most of the time the caregiver is right behind him and he runs down to the office wall and back. She believes Child A and Child B would do best with one on one care in the childcare setting but they do not always have that option. Heather reported Child A's mother told her multiple times that he is an eloper. Child B running out of the classroom is a recent thing. She was responsible for Child A and Child B when they went missing. She doesn't have anything documented from a doctor that they have special needs. She feels like they have special needs because they both go to special education preschools. She didn't have Child A enough to realize "he was what he was." She was told to watch him because he had tried to get away but she didn't take it serious enough because he had never done that with her.
On June 12, 2024, CI Radney interviewed Parent A (Parent of Child A), who said Child A is very flighty, defiant, and difficult to manage. Child A does things like this; he is very defiant and obstinate. At drop off and pick up, Child A just takes off. He has no sense of safety and is very impulsive. Heather is aware of these behaviors.
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5 CSR 25-500.090(3)(B) - In addition to fire safety requirements found in 19 CSR 30-62. 087, a review of the following disaster drill procedures with the staff and children shall be conducted: 2. Disaster drill procedures such as fire drill, tornado drill, carbon monoxide exposure, power failure, bomb threat, chemical spill, intruder training, and CPR or other medical procedures;
On June 21, 2024, CI Radney conducted an interview with Heather Hawkins. She reported they do not do drills for a child elopement.
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