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On September 4, 2024, the Office of Childhood (OOC) received an allegation that Child A (age 17-months-old), was left unattended playing with glass while workers went outside to fight. After conducting an investigation, Compliance Inspector (CI) Jade Stewart-Martin has found this allegation to be substantiated based on the following information:
5 CSR 25-500.182(1)(A)1., which states: "Caregivers shall not leave any child without competent supervision."
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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."
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5 CSR 25-500.112(1)(A)., which states: "The staff/child ratio and group size shall be followed as outlined in the below chart unless it meets an exception in subparagraphs (1)(B)-(G) below: Infants, toddlers, and 2-year-olds shall have one caregiver for every four children with no more than eight children per group; Groups composed solely of children 24 to 36 months shall have one caregiver for every eight children with no more than 16 children per group; Groups composed solely of children 3 to 4 years shall have one caregiver for every 10 children with no more than 20 children per group; Groups composed solely of children 5 years or older shall have one caregiver for every 16 children with no more than 32 children per group; A mixed group of children consisting of no more than four children age 2 years, and at least one child older than 3 years shall have one caregiver for every 10 children with no more than 20 children per group; A mixed group of children consisting of more than four children ages 24 to 36 months, and at least one child older than 36 months shall have one caregiver for every eight children with no more than 16 children per group."
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5 CSR 25-500.082(1)(I)., which states: "All flammable liquids, matches, cleaning supplies, poisonous materials, medicines, alcoholic beverages, hazardous personal care items or other hazardous items shall be inaccessible to children."
On September 5, 2024, Compliance Inspector (CI) Jade Stewart-Martin conducted an unannounced inspection of the facility and interviewed director Tanya Jones. Ms. Jones stated that she was not at the center on September 3, 2024, when the incident occurred. Dai'jah Caldwell and Tanaya BorlowBrooks were both supposed to be off work at 4:00 P.M. She received a call from Dai'jah around 4:15 P.M. stating "you need to get here." Ms. Jones asked Dai'jah to stay outside of the center until she arrived. At this time Tanaya was inside, but she had called an Uber to pick her up from work. Tanaya had a glass juice bottle inside that fell off a table and broke by the front door. Ms. Jones is unaware of how the juice bottle fell or why no one immediately cleaned it up. Ms. Jones stated that Unique Howard was also inside with five children (Child A, Child B, Child C, Child D and Child E). The children were ages 17-months-old to 2-years-old. When Tanaya's Uber came, she went outside, and that is when the physical altercation took place between her and Dai'jah. At the same time, Grandparent E (grandparent of Child E) came to pick up Child E. When Grandparent E came inside, Unique went outside to break up the fight. Grandparent E was alone with the 5 children and started to film Child A (age 17-months-old) sitting in the glass. Ms. Jones and others called the police and they arrived on the scene. Ms. Jones was not present when Parent A (parent of Child A and Child B) picked up Child A and Child B but she stated that Child A was not injured. Unique Howard, Dai'jah Caldwell, and Tanaya BorlowBrooks have been fired for the incident. The cameras inside the facility are only live view and do not record so CI Stewart-Martin was unable to review any footage of the incident.
On September 5, 2024, CI Stewart Martin observed the Facebook video taken on September 3, 2024, from inside the center by Grandparent E. The video lasts for approximately 12 seconds. It shows Child A sitting on the floor in a liquid puddle with glass fragments around him. The video also shows Child B, Child C, Child D, and Child E sitting on the floor but further down away from the liquid puddle with the glass fragments. There are no staff observed on the video.
On September 5, 2024, CI Stewart-Martin interviewed Parent A (parent of Child A and Child B). Parent A stated that Child A and Child B were present at the center on September 3, 2024. Parent A picked up Child A and Child B on September 3, 2024, at 5:11 P.M and no one notified her that Child A was sitting in glass. Child A's pants were wet and she was told by staff that he must have spilled juice on himself. At 6:11 P.M. someone sent her the viral video on Facebook showing Child A sitting in glass. Parent A has not spoken to the director since the incident. Parent A took Child A to the hospital, but he had no physical injuries. Child A and Child B's last day at the center was September 3, 2024.
On September 10, 2024, CI Stewart-Martin conducted a phone interview with teachers Unique Howard and Dai'jah Caldwell. Unique stated that a verbal altercation between Tanaya BorlowBrooks and Dai'jah Howard occurred inside the facility. Dai'jah left the building and was instructed by Tanya Jones to stay outside the center until she arrived. Unique stated she was physically restraining Tanaya inside the facility. Tanaya's Uber driver arrived, and she left the facility. This is when the physical altercation took place outside of the facility between Tanaya and Dai'jah. Grandparent E had arrived at the facility to pick up Child E so Unique thought since there was an adult with the five children inside (ages 17-months-old to 2-years-old), she could go outside to try and break up the fight. Unique stated that she went outside for approximately two minutes in an attempt to break up the fight. The whole time she was outside Grandparent E was present with the five children that were inside. Unique stated that she was unaware of the glass lemonade bottle being spilled until she came back in from outside. She thinks the lemonade bottle probably broke while she was trying to restrain Tanaya from leaving the building earlier. Upon reinterring the facility, she called the police and immediately swept up the glass and mopped the floor and relocated the children to another classroom. She was terminated for this incident.
Dai'jah Caldwell stated that a verbal altercation took place between her and Tanaya on September 3, 2024. She removed herself from the situation and went outside and called director Tanya Jones and Shaniece from Goodfellow Child Development LLC. Tanaya came outside of the center and started provoking her, and that is when the physical altercation took place. Unique was the staff that left the children inside unattended when she came out to try to stop the fight. Dai'jah is unaware if she has been fired for this incident or not.
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."
On September 5, 2024, CI Stewart-Martin observed the attendance records for Kreatyve Kydz Development Center, LLC for September 3, 2024. The records showed that Child C and Child D were both signed in at 8:10 A.M. and signed out at 5:32 P.M.
On September 16, 2024, Hannah McGrath, Program Coordinator, informed CI Stewart-Martin via email that Child C and Child D were clocked in on the attendance subsidy I-Pad at Goodfellow Child Development LLC at 9:00 A.M. on September 3, 2024, but were never clocked out.
On September 18, 2024, CI Stewart-Martin conducted a phone interview with Tanya Jones. Ms. Jones stated that she is married, and her legal name is Tanya Jones, not Tanya Shields. Ms. Jones stated that parents were switching their children from Goodfellow Child Development LLC to Kreatyve Kydz Development Center LLC. The first day of the transfer and attendance at Kreatyve Kydz Development Center was on September 3, 2024. Even though she didn't have an active subsidy contract, she was days away from getting her subsidy contract approved. Ms. Jones stated that a woman that she had contacted in subsidy stated that subsidy would back pay her. The only thing that was missing for her contract to be approved was the CPR certificate. She was unaware of why Child C and Child D were clocked in for subsidy at Goodfellow Child Development LLC because they were present at her facility on September 03, 2024. She stated it could have been due to the fact that Child C and Child D have a brother that attends Goodfellow Child Development LLC. Ms. Jones stated that Parent C could have accidentally clocked Child C and Child D in on September 3, 2024 at Goodfellow Child Development LLC when she was clocking in their brother.
On September 19, 2024, CI Stewart-Martin conducted an interview with Parent C (parent of Child C and Child D). Parent C stated that Child C and Child D were both present on September 3, 2024 at Kreatyve Kydz Development Center LLC and that was the day that Child C and Child D switched from Goodfellow Child Development LLC to Kreaytve Kydz Development Center LLC. She uses state assistance and co-pays to pay for childcare. She uses an I-pad to check into subsidy. Both centers have the same subsidy system. When she pulls up her other son's subsidy at Goodfellow Child Development LLC, she can see Child C and Child D on the system.
5 CSR 25-500.042(19)., which states: "All child care provided on the premises of a licensed group child care home or child care center shall be in compliance with the licensing rules, the conditions specified on the license, and the conditions of any variances granted to the licensee."
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5 CSR 25-500.042(18)., which states: "The number and ages of children a group child care home or child care center is authorized to have in care at any one (1) time shall be specified on the license and shall not be exceeded except as permitted within these rules."
Upon observation of Child A's enrollment form by CI Stewart-Martin during the investigation, it was determined that Child A is aged 17-months-old not two-years-old and was in attendance at Kreatyve Kydz Development Center LLC on September 03, 2024. Kreatyve Kydz Development Center LLC's license specifies that the age ranges of children in care are 24-months-old to 13-years-old. Tanya Jones stated that she was not aware that Child A was only 17-months-old. Parent A stated that Child A was 2-years-old and she believed her. Parent A stated that the director knew Child A was under two because she had to fill out paperwork and they had to contact Child A's doctor.
Unique Howard stated that she was familiar with Child A and Child A was 1-years-old. Dai'jah Caldwell stated that Child A just turned two-years-old, or was on his way to turning two-years-old.
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