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Compliance Inspector (CI) Jessica Graham investigated the allegation that there are 16 children on one side of the daycare and in the baby room there are 5 or 6 kids. There are two children in the baby room that were given the sleeping gummies, but the other children in the baby room were not given the sleeping gummies. All 16 children on the other side of the daycare are given the sleeping gummies when it is time to lay down and take a nap. There was a meeting about a week ago. The owner did nothing about it. Briona, the supervisor, said she is not giving the kids sleeping bears, but that she is giving them gummy bear vitamins. The other staff, Briona`s sisters, were asked and they all said they were vitamins. Briona has the gummies in her purse and gives them out of her purse. This allegation is substantiated based on the following rule violations:
5 CSR 25-500.192(3)(B) which states: "All medication shall be given to a child only with the dated, written permission of the parent(s) stating the length of time medication may be given."
AND
5 CSR 25-500.192(3)(I) which states: "The date and time(s) of administration, the name of the individual giving the medication and the quantity of any medication given shall be recorded promptly after administration. This information shall be filed in the child's record after the medication is no longer necessary."
On November 21, 2024 caregivers Briona Fitzgerald, Vesteria Mondie and Tiffany Fitzgerald stated that they had not administered Melatonin to children at the facility and that there was a no medication policy.
CI Graham observed Briona's purse during the investigation. The purse was clear and there was no type of medication bottles seen inside the purse.
On November 26, 2024, Mercedes Smith, managing member, stated that she was told by Malinda Brown, caregiver, that Briona Fitzgerald had been giving Melatonin to the children. Mercedes asked Briona about giving Child C Melatonin and Briona told her that she had given Child C a gummy vitamin. He received the gummy at nap time. She assumes he was given the gummy then because he does not nap. Mercedes reminded Briona that there was a no medication policy at the facility and that she needed to call Parent C and tell her what she had given Child C. Mercedes spoke to caregivers Tiffany Fitzgerald and Vesteria Mondie to see if they knew anything about children receiving any type of gummies from Briona and they both said they were unaware. Mercedes later got a call from Parent C saying that she was told by someone that Child C had received Melatonin while at the facility and she was upset because she had not given anyone permission to give him anything. Child C is the only child she was told about receiving a gummy.
On November 26, 2024, Parent C stated that she was told by someone (would not release a name) that had witnessed Briona give Child C Melatonin while at the facility. She was not aware Child C was given anything until then and had never given anyone permission to give him anything. She did not provide Melatonin to the facility and did not fill out any medication paperwork. After hearing this, she called Mercedes to tell her about the incident. Mercedes told her that she was aware that Briona had given Child C a vitamin and it was being investigated. She never spoke with Briona about the incident.
On November 26, 2024 Brenda Perkins, caregiver, stated that her sister, Malinda Brown, had witnessed Briona giving a child a gummy. She did not witness the incident herself and is not aware how many children received a gummy. Malinda told her it was Melatonin an it was in a bottle with a purple label and cap. She said it was in Briona's pocket. CI Graham made attempts to call Malinda Brown but no contact was made.
On November 26, 2024, Briona Fitzgerald stated again that she did not give Child C any Melatonin and did not give him a vitamin. She said that she never admitted to Mercedes that she gave Child C a vitamin.
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