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On August 22, 2024 the Office of Childhood (OOC) received a report alleging "On August 16, 2024, an unknown staff member was holding the Child A's (5 years old) arms down to take a nap and the child has bruises around his elbows and on both arms." 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)(C)3 which states "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)7 which states "Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited."
AND
5 CSR 25-500.182(1)(C)9 which states "Punishment or threat of punishment shall not be associated with food, rest, or toilet training."
On August 23, 2024 CI Mertz conducted an unannounced inspection and walkthrough of the facility. CI Mertz interviewed Director Heather Penrod, Caregiver Megan Ovedio, Caregiver Kayla Rogers, Child A (4 years old), Child B (3 years old), Child C (4 years old) and Child D (4 years old). Kayla indicated she did put her leg over Child A at nap time. She also indicated she did hold down Child A's legs. He was having a hard time laying down at nap and she believed this would help calm him down. She now recognizes how this could have been scary for him. Heather indicated she reviewed the video footage and did not observe anything of concern. After reviewing the footage with CI Mertz, Heather indicated that Kayla would be terminated. Child A is nonverbal and did not provide any relevant information. Megan indicated Kayla came to her about the incident and told her she did have her leg over Child A.
CI Mertz interviewed Parent A. She indicated she walked in the classroom and observed Caregiver Kayla with her leg over Child A. She told Kayla to get her leg off of Child A.
CI Mertz observed video footage dated August 16, 2024 at 12:19 p.m. The previous caregiver in the room gets up from the floor next to Child A's cot. Child A begins to get up. Kayla lifts him up and forces him to lay down. She sits on the floor next to Child A and puts her right leg over Child A's body. She then covers her leg and Child A with the sheet. She is observed patting the top of Child A's back with her right hand while twirling her hair with her left hand. She briefly stops patting Child A's back to address children behind her. Child A begins to squirm. She begins patting Child A's back again and Child A begins to move his legs. Kayla uses her right hand to wrap Child A's legs in the sheet and hold them down while her leg is over his lower back and her left hand is patting his back. He tries to move his legs again and she repositions her hand and continues holding his legs down. She then stops patting his back, takes her left hand and places it in front of Child A's face. She holds it there for several seconds before moving her hand away. Parent A walks into the classroom and Child A attempts to sit up. Kayla removes her leg and the sheet from Child A allowing him to get off the cot. This incident occurs over approximately two minutes and 39 seconds.
Holding children down on their cots is not age appropriate or constructive behavior modification and constitutes physical punishment, which is expressly prohibited.
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