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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
6/20/2024 12:00:00 AM
DVN
000524329
Facility Name
BULL FROGS AND LITTLE FISHES PRESCHOOL
Facility Address
332 HARWOOD AVE
City
LEBANON
Zip Code
65536-2318
Phone
(417) 588-2131
County
LACLEDE
Assigned Specialist
RADNEY, HEATHER E
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.132(13) Parents shall have access to the facility at any time during child care hours.
5 CSR 25-500.052(2)(C) The child care provider shall conduct a Family Care Safety Registry check for all child care staff members within thirty (30) days prior to the anniversary date as printed on the license; and
5 CSR 25-600.020 (1) 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.
5 CSR 25-600.020 (5) Criminal background checks shall be completed for each child care staff member every five (5) years.
5 CSR 25-500.122(1)(A) All persons working in a child care facility in any capacity during child care hours, including volunteers counted in staff/child ratios, shall be in good physical and emotional health with no physical or mental conditions which would interfere with child care responsibilities. These persons shall have a medical examination report, signed by a licensed physician or registered nurse who is under the supervision of a licensed physician, on file at the facility at the time of initial licensure or within thirty (30) days following employment.
5 CSR 25-500.122(1)(B) Medical examination reports shall include either a Tuberculosis (TB) Risk Assessment form, completed and signed by a health care professional, or a negative tuberculin skin test (TST) completed not more than twelve (12) months before beginning work in the facility. The Tuberculosis (TB) Risk Assessment form, revised March 2014, is incorporated by reference in this rule, as published by the Missouri Department of Health and Senior Services, PO Box 570, Jefferson City, MO 65102 and available by the Missouri Department of Health and Senior Services at https://health.mo.gov/living/healthcondiseases/communicable/tuberculosis/tbmanual/pdf/RiskAssessmentform.pdf. If the person has signs or symptoms of tuberculosis, or risk factors for tuberculosis, then testing for tuberculosis shall occur.
5 CSR 25-500.102(1)(K) The child care provider shall ensure that within seven (7) days of employment or volunteering, and before being left alone with children, that caregivers employed on or after August 30, 2019, receive a facility orientation. The facility orientation shall include-
5 CSR 25-500.102(1)(T) The licensee shall have documentation on file at the facility of current certification in age-appropriate first aid and cardiopulmonary resuscitation (CPR) training for a sufficient number of child care staff to ensure that there is one (1) caregiver at the facility for every twenty (20) children in the licensed capacity. At least one (1) caregiver with current certification in age-appropriate first aid and CPR must be on site at all times when children are present. The training shall be certified by a nationally-recognized organization, such as the American Red Cross, American Heart Association, or an equivalent certification, include an in-person skills assessment, and be approved by the department.
5 CSR 25-500.102(3)(C) Caregivers who were employed after the first of the year shall obtain one (1) clock hour of training for each one (1) month of employment, regardless of the date employment began.
5 CSR 25-500.102(4)(A)3. The child care provider, group child care home provider, child care staff members, and volunteers shall complete safe sleep training described in subsection (4)(A) of this rule within thirty (30) days of employment or volunteering at the facility.
Conclusion Summary
On June 20, 2024, the Office of Childhood (OOC) received a report alleging that Parent A has never been let further into the facility than the entry way to observe the child care area. Staff at Bullfrogs and Little Fishes do not have required paperwork for employment such as medicals, TB information, orientation forms, eligibility letters, FCSR and appropriate training. CI Radney conducted an investigation of the allegations and found them to be substantiated based on the following evidence: 5 CSR 25-500.132(13) - Parents shall have access to the facility at any time during child care hours. On June 25, 2024, CI Radney conducted interviews with Haley Doyle, Austen "AJ" Davis, Allison Brown and Karen Davis. Karen reported they follow COVID protocol and parents drop off and pick up from the entryway of the facility. Haley reported parents are not allowed in the facility even if they ask. Parents have asked her to go into the facility and she has told them "no". AJ reported parents are not allowed into the facility without the director and it is set up in advance. Parents are not allowed to walk through the facility alone. Parents have asked him to go into the facility and he has told them "no". Allison reported parents are not allowed to come into the facility. Parents have not asked her to come in but she would tell them they have to stay in the lobby if they did ask her. AND 5 CSR 25-500.102(1)(K) - The child care provider shall ensure that within seven (7) days of employment or volunteering, and before being left alone with children, that caregivers employed on or after August 30, 2019, receive a facility orientation. On June 25, 2024, CI Radney reviewed employee files and the facility' s staff sheet. Angel Jester, Stephanie Byram, Amanda McDaniel, and Allison Brown did not have a facility orientation. AND 5 CSR 25-600.020 (1) - 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. On June 25, 2024, CI Radney reviewed employee files and the facility' s staff sheet. Angel Jester, Stephanie Byram, Haley Doyle, Amanda McDaniel, and Allison Brown did not have criminal background check results. AND 5 CSR 25-600.020 (5) - Criminal background checks shall be completed for each child care staff member every five (5) years. On June 25, 2024, CI Radney reviewed employee files and the facility' s staff sheet. Karen Davis and Twyla Kennemer's eligibility letters were older than five years. AND 5 CSR 25-500.122(1)(A) - All persons working in a child care facility in any capacity during child care hours, including volunteers counted in staff/child ratios, shall be in good physical and emotional health with no physical or mental conditions which would interfere with child care responsibilities. These persons shall have a medical examination report, signed by a licensed physician or registered nurse who is under the supervision of a licensed physician, on file at the facility at the time of initial licensure or within thirty (30) days following employment. On June 25, 2024, CI Radney reviewed employee files and the facility's staff sheet. Stephanie Byram did not have a medical examination report. AND 5 CSR 25-500.122(1)(B) - Medical examination reports shall include either a Tuberculosis (TB) Risk Assessment form, completed and signed by a health care professional, or a negative tuberculin skin test (TST) completed not more than twelve (12) months before beginning work in the facility. The Tuberculosis (TB) Risk Assessment form, revised March 2014, is incorporated by reference in this rule, as published by the Missouri Department of Health and Senior Services, PO Box 570, Jefferson City, MO 65102 and available by the Missouri Department of Health and Senior Services at https://health.mo.gov/living/healthcondiseases/communicable/tuberculosis/tbmanual/pdf/RiskAssessmentform.pdf. If the person has signs or symptoms of tuberculosis, or risk factors for tuberculosis, then testing for tuberculosis shall occur. On June 25, 2024, CI Radney reviewed employee files and the facility's staff sheet. Stephanie Byram did not have a TB Risk Assessment form or a negative TST completed. AND 5 CSR 25-500.052(2)(C) - The child care provider shall conduct a Family Care Safety Registry check for all child care staff members within thirty (30) days prior to the anniversary date as printed on the license. On June 25, 2024, CI Radney reviewed employee files and the facility's staff sheet. Cassie Reese did not have a Family Care Safety Registry Screening. Cassie's start date is June 2020. AND 5 CSR 25-500.102(4)(A)3. - The child care provider, group child care home provider, child care staff members, and volunteers shall complete safe sleep training described in subsection (4)(A) of this rule within thirty (30) days of employment or volunteering at the facility. On September 5, 2024, CI Radney reviewed the Missouri Professional Development (MOPD) website. Cassie Reese did not have safe sleep training listed in MOPD and her start date is June 2020. AND 5 CSR 25-500.102(1)(T) - The licensee shall have documentation on file at the facility of current certification in age-appropriate first aid and cardiopulmonary resuscitation (CPR) training for a sufficient number of child care staff to ensure that there is one (1) caregiver at the facility for every twenty (20) children in the licensed capacity. At least one (1) caregiver with current certification in age-appropriate first aid and CPR must be on site at all times when children are present. The training shall be certified by a nationally-recognized organization, such as the American Red Cross, American Heart Association, or an equivalent certification, include an in-person skills assessment, and be approved by the department. On September 5, 2024, CI Radney observed the MOPD website. There are no active CPR/First Aide certifications listed for staff. On October 25, 2024, CI Radney conducted an unannounced inspection and Karen was unable to show that any staff members are certified in age-appropriate CPR/First Aid. There is not at least one caregiver with current certification on site at all times when children are present and there is not one caregiver with current certification for every twenty children in the licensed capacity. AND 5 CSR 25-500.102(3)(C) - Caregivers who were employed after the first of the year shall obtain one (1) clock hour of training for each one (1) month of employment, regardless of the date employment began. On September 5, 2024, CI Radney observed the MOPD website. Cassie Reese does not have clock hour training listed for 2023. Cassie's start date is June 2020.
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 11/14/2024 12:00:00 AM
The facility shall review all caregiver records (paid employees and paid or unpaid volunteers) to ensure that new employee orientations, medical examinations, TB Risk Assessments, eligibility letters, clock hour training, safe sleep training CPR/First Aide training, and Family Care Safety Registry Screenings have been completed. A signed statement that this has been completed shall be submitted to the Office of Childhood by September 30, 2024. Y 11/14/2024 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
10/31/2024 12:00:00 AM
Approving Supervisor
FOX, ROMENA