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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
7/2/2024 12:00:00 AM
DVN
002735599
Facility Name
TLC CHILDCARE LLC
Facility Address
1176 N KINGSHIGHWAY BLVD
City
ST LOUIS
Zip Code
63113-1625
Phone
(314) 478-4532
County
ST LOUIS CITY
Assigned Specialist
STEWARTMARTIN, JADE
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.212(3)(A) All children shall be seated in a permanent seat and restrained by seat belts or child restraint devices as required by Missouri law.
Conclusion Summary
On July 2, 2024, the Office of Childhood (OOC) received an allegation that Child A (age 13-months-old), was not strapped into the car seat during transportation resulting in Child A falling out of the car seat and had a red mark on top of his head. After conducting an investigation, Compliance Inspector (CI) Jade Stewart-Martin has found this allegation to be substantiated based on the following evidence: 5 CSR 25-500.212(3)(A) ., which states: "All children shall be seated in a permanent seat and restrained by seat belts or child restraint devices as required by Missouri law." On July 2, 2024, CI Stewart-Martin conducted an unannounced inspection and interviewed director Aneshia Osby and administrative assistant Vanessa Walker. Ms. Osby stated that on June 18, 2024, Parent A (parent of Child A and Child B) called her stating that Child B (aged 6-years-old) had told her that Child A (aged 13-months-old), had fallen out of his car seat during transport. Ms. Osby asked the driver, Vincent Williams, if this occurred, and he denied this taking place. The facility was closed on June 19, 2024, but Ms. Osby went to the facility and tried to retrieve camera footage from the outside of the facility to see if she could see if Child A was strapped into his car seat. The cameras were down due to a worker unplugging them. Ms. Osby called the company, and the video cameras were fixed on June 21, 2024, but Ms. Osby was unable to review them until June 24, 2024. On June 24, 2024, Ms. Osby reviewed the camera footage. She saw Mr. Williams buckle the car seat into the van, but did not see him buckle Child A into the car seat. Ms. Osby questioned Mr. Williams and he insisted that he did buckle Child A into his car seat on June 18, 2024. On June 25, 2024, Ms. Osby called Parent A and told her that she had reviewed the footage and stated that she saw an opportunity where Child A could have fallen since she did not observe Mr. Williams buckle Child A into the car seat. Parent A told Ms. Osby that she wasn't that worried about it, she just wanted to know if it happened. Parent A told her that Child A did not have any injuries. On June 27, 2024, Ms. Osby stated that Parent A called and demanded to know what disciplinary actions were being taken against Mr. Williams. Ms. Osby told Parent A that she was unable to discuss any disciplinary actions, this led to Parent A becoming irate. This caused Ms. Osby to discontinue services to Child A and Child B. Ms. Walker stated that she was outside on June 18, 2024, helping Mr. Williams load the children into the van. Ms. Walker stated that she never saw Child A fall, nor did she hear Child A cry. On July 02, 2024, CI Stewart-Martin observed the video footage from June 18, 2024, at approximately 4:29 P.M. to 4:31 P.M. The video starts and Child A is in the van in his car seat. At approximately 4:30:26 P.M. Child A is not seen in the picture frame. At approximately 4:30:31 P.M Mr. Williams carries another child to the van. Mr. Williams enters the second row of the van and then proceeds to lean over and place the child into the front row into a car seat. At approximately 4:30:36 P.M., Mr. Williams then proceeds to go to the first row and pick up Child A and put him back into his car seat. At approximately 4:31:06 P.M. Mr. Williams then proceeds to buckle in Child A and the other child. The van was stationary in front of the facility the entire time. Child A and Child B's enrollment form was also observed. On July 12, 2024, CI Stewart-Martin conducted an interview with Parent A (parent of Child A and Child B). Parent A stated that on June 18, 2024, Child B told her that Child A fell out of his car seat during transport. Mr. Williams did not tell her anything had occurred with Child A at drop off. She called to the center and talked to the director, Ms. Osby. Ms. Osby stated that she would review the camera footage. There were some issues with retrieving the camera footage. On June 26, 2024, Ms. Osby called Parent A stating that she reviewed the footage and saw where Mr. Williams strapped the car seat into the van, but didn't see him strap Child A into the car seat. Ms. Osby told Parent A that she would handle the situation and take Mr. Williams off her children's route. Parent A stated that on June 18, 2024, Child A did have a small red mark on his head, but it went away a few days later. Parent A did take Child A to the hospital a few days after Ms. Osby calling her on June 26, 2024. Child A had swelling on the right frontal bone. Child A and Child B's last day at the facility was June 27, 2024. Parent A stated that another state agency worker had called her and told her that she had reviewed the footage, and saw where Child A had fallen out of his car seat while the van was parked. On August 28, 2024, CI Stewart-Martin conducted an unannounced inspection and interviewed van driver Vincent Williams, director Aniesha Osby, Child C (aged 3-years-old), Child D (aged 3-years-old), and Child E (aged 4-years-old). Mr. Williams stated that on June 18, 2024, he was trying to get multiple young children in the car due to the extreme heat. Mr. Williams stated that he put Child A into his seat and went to retrieve another child and left Child A in the car seat unstrapped. This was not typical protocol, as Mr. Williams always ensures that all children are strapped in or using their seat belts. When Mr. Williams returned to the van with the other child, he noticed that Child A had scooted off his seat and was in the floor of the van. He immediately picked him up and examined him and Child A was not crying and did not have any injuries. Mr. Williams then proceeded to buckle Child A into his seat. Child C, Child D, and Child E all stated that Mr. Williams has driven them in the van, and they are always buckled in. They all stated that Mr. Williams helps them get seated and buckled in. Ms. Osby stated that Mr. Williams was written up for this incident, and in their July 2024 staff meeting they went over proper van protocols. On August 28, 2024, CI Stewart-Martin observed Child C, Child D, and Child E's enrollment form. Vincent Williams's write up was observed, and the July meeting notes were observed. CI Stewart-Martin observed Vincent William's Class E license.
Corrective Measures
Corrective MeasureCompleted (Y/N)Completed Date
The facility shall notify all staff members of the violations which were substantiated, and specify the actions to be taken by all staff in order to comply with all violations cited. A copy of the memo, letter, or staff meeting agenda shall be submitted to the Office of Childhood. Y 9/27/2024 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
8/30/2024 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L