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On December 12, 2024, the Office of Childhood (OOC) received an allegation that: On December 06, 2024, at around 11:30 am, Parent A (not the parent of Child B) observed Child B asleep in a swing and was not moved to a safe sleep space for at least 20 minutes. The staff member, Brittany Mason, who was in the room with Child B was aware he was asleep and still did not move him to the crib. After conducting an investigation, Compliance Inspector (CI) Michelle Honea has found this allegation to be substantiated based on the following evidence:
5 CSR 25-500.092(1)(B)2.I., which states: "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."
AND
5 CRS 25-500.182(2)(C)4.E., which states: "When, in the opinion of the infant's licensed health care provider, an infant requires alternative sleep positions or special sleeping arrangements that differ from those set forth in this rule, the provider shall have on file at the facility written instructions, signed by the infant's licensed health care provider, detailing the alternative sleep positions or special sleeping arrangements for such infant. The caregiver(s) shall put the infant to sleep in accordance with such written instructions;"
On December 13, 2024, CI Honea conducted a phone interview with Parent A who stated that the whole time she was there the other day, teacher Brittany left Child B in the swing to sleep for more than 20 minutes. She knows the child should be moved to the crib.
On December 13, 2024, CI Honea conducted an unannounced inspection to the facility and interviewed Director Tara Martin and teacher Brittany Mason. Brittany stated that she had been placing Child B in the swing for longer periods of time and to sleep because that seemed like the only thing to help with the congestion. Parent B had taken Child B to the doctor several times and was told nothing is wrong with Child B, but the congestion was getting worse. She does know that infants need to be placed in their crib once they fall asleep.
On December 13, 2024, CI Honea observed the video footage from December 6, 2024, which shows Child B in the swing asleep from 11:30 AM until 12:43 PM. CI Honea reviewed the letter that Parent B emailed to Director Tara Martin stating that Child B can be elevated during nap time while in the crib. CI Honea did not observe any children sleeping in a swing while at the facility.
On December 19, 2024, CI Honea conducted an interview with Parent B via email and the following information was provided: "Thank you for reaching out! Since Child B (5-months-old) has his cough right now, we are ok with him being propped up to sleep to help with drainage. Parent B reached out to the doctor and obtained a note for Child B to be elevated while in the crib. There have been a couple of times where Parent B arrived and Child B had fallen asleep in the swing, but Parent B was under the impression that if Child B falls asleep in the swing he is then moved to his crib. As long as that was happening, Parent B did not have any concerns. Parent B copied her husband on the email as well."
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