View Investigation

MISSOURI DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION

OFFICE OF CHILDHOOD - CHILD CARE COMPLIANCE

COMPLAINT INVESTIGATION OF SUBSTANTIATED STATUTE OR RULE VIOLATIONS
Back

Facility Information
Date of Report
9/23/2024 12:00:00 AM
DVN
002043210
Facility Name
LITTLE BEARCATS DAYCARE CENTER, LLC
Facility Address
334 W 9TH ST
City
HERMANN
Zip Code
65041-1229
Phone
(573) 486-2845
County
GASCONADE
Assigned Specialist
STEWARTMARTIN, JADE
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.042(18) 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.
5 CSR 25-500.042(19) 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.
5 CSR 25-500.082(2)(B)2.B.(IV) No more than eight (8) infant/toddlers or sixteen (16) two (2) -year olds shall be in a group;
5 CSR 25-500.082(6)(B)1. Outdoor play space for infants and toddlers shall be separate from that used for older children or the same space shall be used at different times. (This rule does not apply to group day care homes with a maximum of four (4) infant/toddlers or to day care centers licensed for a maximum of twenty (20) children, including no more than four (4) infant/toddlers. )
5 CSR 25-500.082(6)(B)2. Staff/child ratios for infant/toddlers and two (2) -year olds shall be maintained at all times.
5 CSR 25-500.112(1) Staff/child ratios shall be maintained at all times.
5 CSR 25-500.112(1)(A) 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.
5 CSR 25-500.132(2)(A)2. A requirement that children less than one (1) year of age be placed on their backs to sleep;
5 CSR 25-500.092(1)(B)2.I. Sitting devices such as car safety seats, strollers, swings, infant carriers, infant slings, and other sitting devices shall not be used for sleep/nap time. Infants who fall asleep anywhere other than a crib, portable crib, or playpen shall be placed in the crib or playpen for the remainder of their sleep or nap time.
5 CSR 25-500.042(8) Enrollment information for each child shall be on file at the facility as required by 5 CSR 25-500.132 Admission Policies and Procedures.
5 CSR 25-500.202(2)(D) Until infants can hold a bottle comfortably, they shall be held by a caregiver during bottle feeding. Bottles shall not be propped.
Conclusion Summary
On September 23, 2024, the Office of Childhood (OOC) received an allegation that on September 18, 2024, at 7:30 am, staff Cheyenne was with 6 infants and several older children all together on the playground. There were at least 40 preschool / school age children. On September 12, 2024, around 3:30pm, the infant/ toddlers thru 4 years old were all on the playground with staff Katie Rector, Nakayla and an unknown name Junior Aid. After conducting an investigation, Compliance Inspector (CI) Jade Stewart-Martin has found this allegation to be substantiated based on the following evidence: 5 CSR 25-500.112(1)., which states: "Staff/child ratios shall be maintained at all times." AND 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." AND 5 CSR 25-500.082(6)(B)1., "Outdoor play space for infants and toddlers shall be separate from that used for older children or the same space shall be used at different times. (This rule does not apply to group day care homes with a maximum of four (4) infant/toddlers or to day care centers licensed for a maximum of twenty (20) children, including no more than four (4) infant/toddlers.)" AND 5 CSR 25-500.082(6)(B)2., "Staff/child ratios for infant/toddlers and two (2) -year olds shall be maintained at all times." AND 5 CSR 25-500.082(2)(B)2.B.(IV)., "No more than eight (8) infant/toddlers or sixteen (16) two (2) -year olds shall be in a group;" On September 25, 2024, CI Stewart-Martin and CI Kinnaird observed ten children in the infant/ toddler classroom ranging from 6-months-old to 12-months-old with Summer Whitthaus and Katie Rector. Outside, Nakya Kriebaum was present with seventeen children, five of these children were aged 1-years-old, four of these children were aged 2-years-old, and eight of these children were aged 3-years-old. Shelby Cordz was present with fifteen children, aged 4-years-old to 5-years-old. CI Stewart-Martin observed the facility's license which stated that they are limited to eight children under 24-months-old. On September 25, 2024, CI Stewart-Martin and CI Kinnaird conducted an unannounced inspection and interviewed director Summer Whitthaus, and teacher Shelby Cordz. Ms. Whitthaus stated that the five infant/toddlers that were outside were almost 2-years-old. Ms. Whitthaus stated that the reason that there were ten children in the infant/toddler room was because a set of twins were present that were not supposed to be attendance on this date. Ms. Cordz stated that they have had ratio problems since the summer. This has occurred because the center had a lot of teachers in high school help during the summer time and now they are back in school. Ms. Cordz stated that she has to take her class outside in the mornings to stay in ratio and that sometimes children under two-years-old are mixed with the older children on the playground. Ms. Cordz stated that her assistant teacher Nancy does not come in until 9 A.M. Ms. Whitthaus stated to CI Stewart-Martin and CI Kinnaird that she would reduce. Prior to CI Stewart-Martin's and CI Kinnaird's departure Ms. Whitthaus reduced by three children under the age of 2-years-old. During the investigation it was discovered that the facility had fifteen children present under the age of 2-years-old even though their license stated that they were limited to eight children under 2-years-old. Therefore, the following rules were also found to be violated: 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." AND 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."
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 11/14/2024 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
11/1/2024 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L