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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
000836519
Facility Name
1ST KIDS
Facility Address
1001 S WHITE OAK ST
City
MARSHFIELD
Zip Code
65706-2248
Phone
(417) 468-2247
County
WEBSTER
Assigned Specialist
RADNEY, HEATHER E
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.
Conclusion Summary
On November 21, 2024, the Office of Childhood (OOC) received a complaint alleging Caroline Finnerty was pulling at Child A's (3 years old) shirt, restraining her, holding her by the arm and swinging her around, causing a bruise on Child A's arm. Caroline was also observed pulling Child B (3 years old) by the arm and pulling him down to the ground. It is believed this happened on November 20, 2024. Compliance Inspector (CI) Radney conducted an investigation of the allegation and found it to be substantiated based on the following information: 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. and 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. On December 3, 2024, Compliance Inspector (CI) Heather Radney conducted interviews with Ashlynn Earls, Parent B (who is also a caregiver), Parent A (who is also a caregiver), Trinity Whistle, Child A and Child B. Ashlynn reported on November 20, 2024, she was going around and closing down rooms in the afternoon. She stopped in her office and saw the incident on the camera in real time. She saw Carol grab Child A by the arm and swing her around the classroom. Child A fell into the wall and Carol grabbed her again by the arm. Child A either fell down or was pushed down to the ground by Carol. Carol kept holding Child A down by her clothes and dragged her to her. They looked Child A over. They saw red handprint marks on her left upper arm. It bruised that night. Carol restrained Child A for five to 10 seconds and maybe longer because Child A would get out of her grasp and she would get Child A and bring her back to her and hold her down by her shirt. Immediately after she saw the incident with Child A, she continued watching the video and saw Carol's interaction with Child B. She saw Carol getting on to Child B. Carol was on one side of the bookshelf and Child B was on the other. Carol lunged forward and then grabbed Child B with one arm on his one arm and pulled him toward her and then pushed him away from her. Child B fell back onto his bottom. Breanna reported Ashlynn said to watch the video, so she rewound the footage and saw Carol flinging Child A around the room. Carol was restraining Child A by using her arms and legs on Child A's body and also holding her by her shirt. Carol was using physical punishment with Child A and Child B when the incidents occurred. Carol was being intimidating to both children for sure. Carol either grabbed Child B's arm and pushed him or he lost his footing and fell because she was holding on to him. Child B reported Carol is mean. He is 3 years old. Parent A reported Ashlynn brought Child A down to her and told her about the incident. She looked for marks on Child A's arm, and she observed redness. The redness turned into bruises. Child A said Carol hit and kicked her. Trinity reported she was not present for the incident with Child A or Child B. The next day Child A kept showing her arm to her and telling her that Carol grabbed her. Child A reported she is 3 years old. Carol is mean. "She swing me around in the room and kicked me." "She made me feel really mad." Carol was telling her not to go in the kitchen because she was trying to go. "She pinched me right here." (Child A pointed to her left upper arm.) "She made me feel really, really, really mad. It hurt." She cried. Carol said "Don't go in the kitchen." Carol used her hand to hit Child A. Carol uses a really loud voice. On December 3, 2024, CI Radney received and reviewed five photos taken of Child A's arm by Parent A. Photo 1 is from the day of the incident. There appears to be a light green bruising on the inside of Child A's left arm above the elbow. Photo 2 is from the day of the incident and appears to be of Child A's left arm above the elbow. There is a small round pink bruise with green bruising surrounding. Photo 3 is from the day after the incident. There appears to be dark pink/red bruising slightly above the elbow of Child A's left arm. Photo 4 is from the day of the incident. There appears to be pink discoloration and possibly green bruising just above Child A's left elbow. Photo 5 is from the day of the incident. There appears to be possible discoloration on Child A's left arm, above the elbow close to the shoulder. On December 3, 2024, CI Radney received and reviewed video footage of the incident. The video is dated November 20, 2024 (Wednesday) at 4:31 p.m. Carol is observed standing near Child A. Carol wraps her arms around Child A and picks her up and turns her toward the television. Child A is not smiling. Child A turns around and tries to get past Carol. Carol continues to grab, push, lift, scoot with her legs, corner, chase, scoot with her foot, hold and turn Child A. At 4:32:49 p.m., Carol uses her left arm to grab Child A's right foot and her right arm to grab Child A's right arm and drags Child A on the floor toward her. Child A stands up and tries to go past Carol. Carol uses her right arm to hold Child A's right arm above the elbow as Child A pulls away from Carol. At 4:33:00 p.m., Carol lets go of Child A, who is pulling away from her, causing Child A to fall forward onto the floor. Child A gets up and attempts to run past Carol. Carol runs toward Child A, appears to try to, or possibly does grab, Child A's right arm with her right hand. Carol puts her left arm around Child A and turns Child A around. Child A falls on the ground in front of Carol, and is observed to be upset, and possibly crying. Child A attempts to scoot on her bottom away from Carol. Carol moves to sit on a table in front of where Child A is scooting, and uses her two feet and legs to hold Child A in place. Child A moves away and Carol grabs Child A's shirt with her right hand and drags Child A toward her. Child A repeatedly tries to crawl away from Carol and Carol continues to hold Child A's shirt and drag her back toward her. Child A appears upset and crying. Carol uses both hands on Child A's arms and body to move Child A to a sitting position between Carol's legs. Child A stands up, still visibly upset. Carol holds Child A, using her left hand on Child A's left arm. Carol adjusts Child A to be standing in between Carol's legs and uses her legs to hold Child A in place. Child A continues to cry. Carol wraps both arms around Child A's body as Child A stands between Carol's legs. Child A leans forward and appears to break free. Carol uses her left arm to hold Child A's left arm and her right arm to hold Child A's right arm. Child A continues to try to move away and continues to cry. Carol and Child A continue these behaviors until 4:34:12 p.m. when Carol releases Child A, who attempts to crawl away. Carol uses both hands around Child A's hips and drags Child A back to a sitting position between Carol's feet. At 4:34:15 p.m., Child A immediately crawls away and Carol does not touch Child A again for the remainder of the video. Child A sits on the carpet watching the television for the remainder of the video. For two minutes and 22 seconds, Carol interacts with Child A in the manner described above. At 4:36:06 p.m., Carol walks over to Child B, who is behind a short bookshelf. Carol and Child B appear to be talking to one another and Carol uses her body to block the television from Child B. Carol leans down toward Child B in a quick manner, getting close to his face. Carol uses her right hand to grab Child B's right arm and pulls him down toward the floor. Child A appears to be sitting, then stands up and walks away from Carol. Carol appears to use her feet to push toys and buckets around on the floor toward Child B. Child B stands against the wall, away from Carol.
Corrective Measures
Corrective MeasureCompleted (Y/N)Completed Date
The facility shall notify all caregivers (paid employees and paid or unpaid volunteers) of the violations which were substantiated and specify the actions to be taken by all caregivers, in order to comply with all violations cited. A copy of the memo, letter, or meeting agenda shall be submitted to the Office of Childhood. Y 1/24/2025 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
1/17/2025 12:00:00 AM
Approving Supervisor
FOX, ROMENA