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On September 27, 2024, the Office of Childhood (OOC) received a report alleging that there was an incident here not too long ago in room six. A teacher was changing diapers when she walked into the bathroom and saw one boy touching another boy's penis while his pants were down. She helped pull the boys' pants up and told them to go play. She then radioed for Kandice or the reporter to go in there, helped a friend in the bathroom wash his hands, and saw the same two boys behind the bathroom door that was propped open. At this time, they had switched roles and the opposite boy's pants were down and the opposite boy touched his penis. Compliance Inspector (CI) Heather Radney conducted an investigation of the allegation and found it to be substantiated based on the following information:
5 CSR 25-500.082(3)(A)6. - Children shall be monitored while in the bathroom.
On October 1, 2024, CI Radney conducted an unannounced inspection and interviewed Kandice Attyberry. Kandice reported Alexa Zimmerman was the caregiver in charge of the classroom on the day of the incident. Alexa radioed her asking for help. She went into the classroom and Alexa told her they were touching each other's penises. She took them out of the classroom and talked to them about their privates being private. Neither child said much or why they did it. Child C (3 years old) was the child originally sent to the bathroom and was in the bathroom when the incident occurred.
On October 1, 2024, CI Radney received and reviewed video footage. Alexa is observed in the classroom with 10 children. The video is dated September 27, 2024. At 11:10, Alexa is at the diaper table changing a child's diaper; Child A and Child B are near her. At 11:11:12, Child A enters the bathroom. At 11:11:18, Child B enters the bathroom. Alexa remains at the diaper table checking and changing diapers. At 11:11:57, Child B walks out of the bathroom. At 11:12:02, Child B walks back into the bathroom. Alexa remains at the diaper table checking and changing diapers. At 11:12:47, Child B walks out of the bathroom and immediately turns and walks back in the bathroom. At 11:13:05, Alexa begins walking toward the bathroom. At 11:13:13, Alexa observes the children in the bathroom. At 11:13:15, Child A runs out of the bathroom. At 11:13:28, Child C walks out of the bathroom. At 11:13:35, Child B walks out of the bathroom and appears to be pulling up his pants. At 11:13:43, Alexa turns to set her paper down, and Child B walks behind the bathroom door. At 11:13:48, Alexa walks in front of the bathroom door to help Child C, and Child A walks behind the bathroom door. At 11:13:53, Alexa and Child C enter the bathroom; Child A and Child B remain behind the bathroom door. At 11:14:05, Alexa leaves the bathroom and walks to the diaper table area and takes a walkie talkie with her as she walks back toward the bathroom. At 11:14:29, Alexa appears to see Child A and Child B through the crack of the door. At 11:14:34, Alexa takes Child A's hand as he walks out from behind the door. At 11:14:36, Child B walks out from behind the door. At 11:14:37, Kandice walks in to the room, and Alexa brings Child A over to her and Child B follows.
On October 9, 2024, CI Radney conducted an interview with Parent A (Parent of Child A). She reported her husband picked her son up following a phone call from the facility telling them what happened. They talked to Child A (3 years old) about the incident. Child A hasn't mentioned names or told them any details about the incident.
On October 9, 2024, CI Radney conducted an interview with Alexa. She was in charge of the classroom by herself. It was bathroom and diaper time. She was changing a diaper while she sent Child B (3 years old) in to the bathroom to go potty. She finished changing the diaper and went in to the bathroom. It would have been less than five minutes between her sending Child B to the bathroom and her going to check on him. She walked in to the bathroom. Child B had his pants down and Child A was touching his penis. Child B was not telling him not to. She said "Oops! We don't do this!" Child C was washing his hands in the bathroom. She had them all go out of the bathroom. She went to the diaper change area to get the walkie talkie. She walked back toward the bathroom and observed them behind the bathroom door. Child A had his back against the wall and Child B was standing very close to Child A. Either they had already had their pants down and touched each other or they hadn't done it yet because Child A was messing with his pants and either pulling them up or down.
Child A, Child B and Child C were not monitored in the bathroom when, for a period of approximately two minutes, all three children were in the bathroom before Alexa observed that Child A was touching Child B's penis.
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