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On September 17, 2024, the Office of Childhood (OOC) received a report alleging that Child A (9 months old) had a right shoulder arm bruise and a red mark on their right cheek after daycare. The marks were not there when Child A was dropped off at daycare. After conducting the investigation, Compliance Inspector (CI) Cole Eddins finds the allegation is substantiated. This conclusion is based on the following evidence of licensing rule violations which occurred at the facility:
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)8. which states: "No discipline technique which is humiliating, threatening, or frightening to children shall be used. Children shall not be shamed, ridiculed, or spoken to harshly, abusively, or with profanity."
and
5 CSR 25-500.182(1)(C)6 which states: "Firm, positive statements or redirection of behavior shall be used with infants and toddlers."
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."
On September 20, 2024, CI Eddins conducted an unannounced inspection and interviewed Director Melissa Binion and Assistant Director Shayna Lam. Melissa stated that she observed pictures of bruises on Child A's right shoulder and left cheek. She heard that Caregiver Tanya Covarrubias was physically rough with Child A. Shayna stated that she first heard about the incident from Parent A who returned to the daycare with Child A after a scheduled doctor visit on September 17, 2024. Parent A showed her pictures of bruises on Child A's right shoulder and left cheek. After viewing the video footage, Tanya later confessed to being frustrated with Child A and admitted to being rough with Child A. While watching the video, she observed Tanya applying pressure on Child A's right shoulder and Tanya pressing Child A down on the ground. She also observed Tanya punch Child A on her leg several times. The allegation occurred at around 8:00 a.m. or 8:30 a.m. on September 17, 2024.
On September 20, 2024, CI Eddins conducted a walkthrough of the facility and observed Child A's accident report which stated that bruises were found on Child A during her doctor's appointment. Tanya was Child A's primary caregiver at the time. CI Eddins observed that Tanya confessed to being physically rough with Child A and she punched Child A on her leg several times. CI Eddins observed the facility's standard of conduct policy, which stated that children should be treated respectfully no matter what their behavioral problem was.
On September 20, 2024, CI Eddins reviewed footage from September 17, 2024, received from Shayna. The video footage contained no audio. The camera angle was facing down from the ceiling when the video began at around 8:35 a.m. The timestamp was not correct on the video, so 8:35 a.m. was an estimated time from management at the facility. At the start of the video, Tanya can be observed patting another child's back while Child A is sitting in her lap. At exactly eight seconds into the video, Tanya can be observed lifting Child A off of her lap and placing her on the floor. Child A's body slightly bounces after being lowered to the ground. Eleven seconds into the video, Tanya crosses Child A's arms and Tanya forces Child A's upper body to the ground over her crossed legs. Tanya then applies pressure to Child A's right shoulder and she keeps Child A down on the ground over the next couple of seconds. Tanya forcefully lifted Child A from the ground and readjusted Child A's body to a sitting position while continuing to apply more force to Child A's right shoulder. Child A can be observed crying while her right shoulder was being forced down to the ground and after Child A was readjusted to a sitting position following the shoulder press. Tanya then readjusted Child A on the floor a few times by picking Child A up and moving her body into different seating positions. Thirty seconds into the video, Tanya can be observed hitting Child A's left leg multiple times with a closed fist.
On October 11, 2024, CI Eddins interviewed Parent A and Tanya. Parent A stated that she undressed Child A at the doctor's appointment to weigh her and that was when she first observed red marks on Child A's shoulder, her thigh, and her cheek on September 17, 2024. The hospital told her that she had bruising on her right shoulder and left cheek. She was not notified of the bruises found on Child A. Tanya Covarrubias reached out to Parent A over the phone and told her that it was wrong to hurt Child A and that she regretted it. She heard that Tanya physically disciplined Child A, but she did not know the details about the discipline used. Tanya stated that on September 17, 2024, Child A was teething and fussy. She tried comforting Child A by sitting down with her. While she was trying to comfort Child A, she might have added too much pressure to her arm. She only applied pressure to her arm and shoulder. She remembered hitting Child A's leg because she was frustrated and overwhelmed. She thought she may have hurt Child A. She was overwhelmed and did not think to ask for help or say anything.
On October 14, 2024, CI Eddins interviewed Managing Member Paul Wolfe. Paul stated that the incident occurred on September 17, 2024, sometime around 8:30 a.m. Shayna told him that Parent A had taken Child A to the doctor on September 17, 2024, and she came back to the facility with concerns about bruising she discovered while at the doctor's visit. Tanya gave a mild version of the events at first and told him that she had put mild to low pressure on Child A's body. Due to allegations from Parent A, he looked for recorded video footage to find out what had happened. In the video footage, he observed Tanya getting frustrated with Child A and she squeezed Child A's right shoulder. He also observed Tanya hitting Child A on the leg several times after applying pressure on her shoulder. Tanya's actions were purposeful and intentional. He also observed pictures of bruises that were presented to him by Parent A.
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