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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
9/23/2024 12:00:00 AM
DVN
000183706
Facility Name
ELMER HAMMOND CHILDHOOD DEVELOPMENT CENTER
Facility Address
1920 CASS AVE
City
ST LOUIS
Zip Code
63106
Phone
(314) 421-4071
County
ST LOUIS CITY
Assigned Specialist
OMALLEY, PATRICK
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.122(1)(A) All persons working in a child care facility in any capacity during child care hours, including volunteers counted in staff/child ratios, shall be in good physical and emotional health with no physical or mental conditions which would interfere with child care responsibilities. These persons shall have a medical examination report, signed by a licensed physician or registered nurse who is under the supervision of a licensed physician, on file at the facility at the time of initial licensure or within thirty (30) days following employment.
5 CSR 25-600.020 (1) Prior to the employment or presence of a child care staff member in a licensed, regulated, or registered child care facility not exempted by section 210.1080.13, RSMo, the child care provider shall request the results of a criminal background check for such child care staff member from the department.
5 CSR 25-500.122(1)(A) All persons working in a child care facility in any capacity during child care hours, including volunteers counted in staff/child ratios, shall be in good physical and emotional health with no physical or mental conditions which would interfere with child care responsibilities. These persons shall have a medical examination report, signed by a licensed physician or registered nurse who is under the supervision of a licensed physician, on file at the facility at the time of initial licensure or within thirty (30) days following employment.
5 CSR 25-500.122(1)(B) Medical examination reports shall include either a Tuberculosis (TB) Risk Assessment form, completed and signed by a health care professional, or a negative tuberculin skin test (TST) completed not more than twelve (12) months before beginning work in the facility. The Tuberculosis (TB) Risk Assessment form, revised March 2014, is incorporated by reference in this rule, as published by the Missouri Department of Health and Senior Services, PO Box 570, Jefferson City, MO 65102 and available by the Missouri Department of Health and Senior Services at https://health.mo.gov/living/healthcondiseases/communicable/tuberculosis/tbmanual/pdf/RiskAssessmentform.pdf. If the person has signs or symptoms of tuberculosis, or risk factors for tuberculosis, then testing for tuberculosis shall occur.
5 CSR 25-500.102(1)(N) Child care staff members shall have qualifying background screening results on file as required by 5 CSR 25-600.020 General Requirements.
5 CSR 25-500.102(1)(P) The child care provider shall conduct a Family Care Safety Registry screening prior to employment for any newly hired child care staff member who has a qualifying criminal background check result.
Conclusion Summary
On September 23, 2024, the Office of Childhood (OOC) received an allegation that Elmer Hammond Childhood Development Center was allowing staff member Joy Wilkens-McMillian to continue working and supervising children, after she was not found to be in good physical or emotional health, nor free of restrictions. After conducting an investigation, Compliance Inspector (CI) Patrick O'Malley has found this allegation to be substantiated based on the following evidence: 5 CSR 25-500.122(1)(A), which states the following: "All persons working in a child care facility in any capacity during child care hours, including volunteers counted in staff/child ratios, shall be in good physical and emotional health with no physical or mental conditions which would interfere with child care responsibilities. These persons shall have a medical examination report, signed by a licensed physician or registered nurse who is under the supervision of a licensed physician, on file at the facility at the time of initial licensure or within thirty (30) days following employment." On October 1, 2024, CI O'Malley conducted an unannounced inspection of the facility and observed a medical examination report for Ms. Wilkens-McMillian, dated July 31, 2024. The report shows that the box labeled "No," is checked next to the statement, "I certify to the best of my knowledge, this patient is in good physical and emotional health and free of contagious disease." The report also shows, "needs vision correction of near / far vision. currently does not meet standards." CI O'Malley conducted interviews with lead teacher Barbara Peyton and cook Joy Wilkens-McMillian. Ms. Peyton stated that she was in charge of the facility on October 1, 2024. Ms. Peyton was not in charge of hiring or firing. Ms. Peyton did not know who was in charge of hiring or firing. Ms. Wilkens-McMillian stated that she was hired in July 2024. Ms. Wilkens-McMillian's physician told her that she needed new glasses. Ms. Wilkens-McMillian was present at the facility while children were also present.
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 11/21/2024 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
11/4/2024 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L