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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
11/21/2024 12:00:00 AM
DVN
002999411
Facility Name
KIDS & COMPANY
Facility Address
123 HUTCHINGS FARM DR
City
O FALLON
Zip Code
63368-6692
Phone
(636) 272-4488
County
ST CHARLES
Assigned Specialist
OMALLEY, PATRICK
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.182(1)(C)7. Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited.
5 CSR 25-500.182(1)(C)8. 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.
5 CSR 25-500.182(1)(C)9. Punishment or threat of punishment shall not be associated with food, rest, or toilet training.
Conclusion Summary
On November 21, 2024, the Office of Childhood (OOC) received an allegation that on November 19, 2024, at approximately 12:33 p.m., Parent A (reporter) saw teacher Priyanka Jain on the camera monitoring system Watch Me Grow, aggressively grab Child B (3-years-old), by Child B's arm and drag him across the classroom back to his cot. This occurred in the Bear Room at Kids & Company. After conducting an investigation, Compliance Inspector (CI) Patrick O'Malley has found this allegation to be substantiated based on the following evidence: 5 CSR 25-500.182(1)(C)7., which states that: "Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited." AND 5 CSR 25-500.182(1)(C)8., which states that: "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)9., which states that: "Punishment or threat of punishment shall not be associated with food, rest, or toilet training." On November 25, 2024, CI O'Malley conducted an unannounced inspection of the facility. CI O'Malley observed video footage of the incident. The video shows Child B lying on his cot with Ms. Jain sitting on the floor to Child B's right. Child B attempts to crawl backwards off his cot and Ms. Jain pulls Child B back onto the cot by Child B's right arm. Ms. Jain rubs Child B's back. Child B gets up from the cot and runs around a bookshelf to the other side of the classroom. Ms. Jain stands up, chases Child B, and catches him within four seconds of Child B running from the cot. Ms. Jain grasps Child B by the right forearm and escorts him back to his cot, Child B shuffles on his knees across the room. Ms. Jain never appears to lift Child B off the floor by one arm. CI O'Malley conducted interviews with lead teacher Sarah Williams and teacher Priyanka Jain. Ms. Jain stated that Child B was very disruptive and threw objects and attempted to elope if not supervised constantly. On November 19, 2024, she laid down next to Child B during nap time to prevent elopement and disruptions. Ms. Jain laid next to Child B for more than twenty minutes, but Child B did not fall asleep. Another child needed assistance with washing their hands and she got up to assist the other child. Child B got up from his cot and ran toward the classroom door. Ms. Jain grabbed Child B by either the hand or wrist and escorted him back to the cot. Ms. Jain denied dragging Child B across the room. Child B was walking on his knees, and his knees never left the floor. Ms. Jain received a written warning after the incident and was told to never pull or yank a child by one arm. Ms. Williams stated that Parent A informed director Chelsea Peters of the incident on November 19, 2024. Ms. Williams and Ms. Peters reviewed video footage of the incident the same day. Ms. Jain received a written warning. Ms. Jain was retrained on physically escorting children. On November 25 and 26, 2024, CI O'Malley attempted to contact Parent A and Parent B (parent of Child B) via phone, left voicemails. Neither individual has returned contact. On November 26, 2024, CI O'Malley received an employee disciplinary action form for Ms. Jain, dated November 26, 2024, via email. The form shows that the facility has a zero-tolerance policy for any forceful handling of children. The form shows that the corrective training plan includes retraining. The form shows signatures for Ms. Peters and Ms. Jain.
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 2/7/2025 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
1/13/2025 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L