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On August 5, 2024 the Office of Childhood (OOC) received a report alleging "On June 19, 2024 between 9:30 a.m. and 10:15 a.m., the Pre-K two class was outside when Child A (4 years old) went missing. He was missing for approximately 10 minutes and was found outside of the gate in an apartment complex stairway approximately 200 feet away. Director Heather Penrod failed to follow appropriate procedures following the incident of a missing child. There have been other situations where Child A (4 years old) was found outside of where he should be due to lack of supervision." After conducting an investigation, Compliance Inspector (CI) Caylin Mertz has found this allegation to be substantiated based on the following evidence and rule violations:
5 CSR 25-500.182(1)(A)1 which states "Caregivers shall not leave any child without competent supervision."
AND
5 CSR 25-500.182(1)(A)3 which states "Caregivers shall provide frequent, direct contact so children are not left unobserved on the premises."
On August 7, 2024, CI Caylin Mertz conducted an unannounced inspection and walkthrough at the facility. CI Mertz interviewed Director Heather Penrod. CI Mertz interviewed Cook Zoe Allen on September 16, 2024. Zoe indicated that on June 19, 2024, Director Heather came to her and told her that Child A was missing. Heather asked Zoe to assist her in locating Child A. Zoe indicated Child A was missing for approximately 10 minutes before being found by Heather at the apartment complex directly behind the facility. Heather indicated Child A did get out of the gate but did not get to the apartment complex behind the building. She told CI Mertz he was still touching the gate and indicated to the detective that Child A was approximately six feet outside the gate. Parent A indicated she received a letter from Zoe outlining the incident 48 days after it occurred. Child A is non-verbal and has not made statements regarding this incident.
CI Mertz observed a police report with written and signed statements from Courtney Coons and Blaine Boyle. Both are employees at a neighboring business. Each of their statements indicate they saw a female employee walking quickly through the grass behind the daycare, through the broken fence and to the apartment complex. They observed the employee walk back to the daycare while holding the hand of a young child.
There is sufficient evidence to conclude that Child A exited the facility playground through an unlatched back gate, walked through the grass behind the facility, through a broken fence and a parking lot to the apartment complex, where he was located by an employee.
5 CSR 25-500.102(1)(A) which states "Child care personnel shall be of good character and intent and shall be qualified to provide care conducive to the welfare of children."
Director Heather Penrod has made multiple contradictory statements over the course of the investigation. CI Mertz interviewed Heather on August 7, 2024. Heather indicated Child A did not exit the gate and only pushed up against it with his body causing it to begin to open before he was pulled back in by Assistant Director Cristy Best. On August 13, 2024 Heather was interviewed by Detective Sanders of the Greene County Sheriff's Office. His report indicates Heather first told him Child A never got out of the gate but when asked again and confronted with witness statements, Heather stated Child A had gotten out of the fence and indicated Child A got to a dryer spot of grass approximately 6 feet away from the fence. CI Mertz interviewed Heather again on September 24, 2024. She indicated Child A did push through the gate but did not get far enough out that he was no longer touching the gate. She did indicate it is not of good character and intent to lie to inspectors. None of these statements are consistent with other witness accounts of this incident.
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