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On July 1, 2024, the Office of Childhood (OOC) received a report alleging that on Monday, July 1, 2024 at around 4:45 p.m., Child A (18 months old) was slapped in the face by staff, Crystal Nanez. The slap left a mark on Child A's face. Compliance Inspector (CI) Heather Radney conducted an investigation of the allegation and found it to be substantiated based on the following information:
5 CSR 25-500.182(1)(C)3. - 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)6. - Firm, positive statements or redirection of behavior shall be used with infants and toddlers.
AND
5 CSR 25-500.182(1)(C)7. - Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited.
On July 2, 2024, CI Radney conducted interviews with Stacy Boone, Kayla Wilson, Lisa Lewis and Mindy Scurlock. Stacy reported she was walking in the hallway when Mindy came to the door and waved her in. Mindy pointed to Crystal (Nanez), and said she (Stacy) needed to talk to Crystal. She went over to Crystal and Child A at the changing table. Crystal said "I slapped his face." Crystal said she was trying to stop him from biting and instinctually slapped him. She observed a huge handprint on Child A's face. Kayla reported about 4:45 p.m. she returned from the bathroom and walked into the room. Crystal picked Child A up and said "OMG I slapped him." Crystal carried Child A over to the changing table. She could see from where she was standing across the room that there was a mark on his face. Child A had been crying, was sniffling and hiccupping. Child A continued crying. The mark on his face lasted until mom picked up at about 5:27-5:28. Mindy reported Crystal was on the younger side of the room, Child A and another child were fighting over a toy. Child A was about to bite the other child. Crystal bent down and full on slapped him with her left hand on his right cheek. As soon as she stood up, it looked like she wasn't going to say anything but then Crystal saw her staring at her, so she bent over and picked Child A up and she started crying and said "Okay, call Stacy." Child A was screaming. Child A's face was red and she could see the red mark on his right cheek and she could see it was a handprint. You could still see the mark on his face when Stacy came in. Lisa reported around 4:45 p.m. Stacy found her and said Crystal had slapped Child A in the face. She went to observe Child A. Crystal had Child A at the changing table and she could see the handprint on his face. Child A had been crying, his face was red and his cheeks were wet. Crystal said Child A was going to bite another child and she smacked him.
On July 2, 2024, CI Radney observed an accident reported dated July 1, 2024, which states "A teacher smacked [Child A's] cheek..." and was signed by Stacy Boone and Parent A (Parent of Child A).
On September 17, 2024, CI Radney conducted an interview with Crystal Nanez. Child A and another child were fighting over a toy. They had been fighting over toys all day long. Child A had his head over another child trying to bite her. She doesn't know how to explain what happened, it just happened. Her reaction was to pick him up, not to slap him but she slapped him. Child A had a red mark on his face.
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