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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
12/13/2024 12:00:00 AM
DVN
000693512
Facility Name
OZARK ACTION, INC.
Facility Address
123 CEDAR ST
City
LICKING
Zip Code
65542-8294
Phone
(573) 674-2100
County
TEXAS
Assigned Specialist
RADNEY, HEATHER E
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.182(1)(C)3. Only constructive, age-appropriate methods of discipline shall be used to help children develop self-control and assume responsibility for their own actions.
Conclusion Summary
On December 13, 2024, the Office of Childhood (OOC) received a complaint alleging that around November 19, 2024, Carla Elliott attempted to get Child A (2 years old) off the rug and was trying to pull him up by his wrist. Carla let go and picked him up under his arms, sat him down roughly, and put her legs together to hold him in place on the ground. Hunter started crying. Compliance Inspector (CI) Heather Radney conducted an investigation of the allegation and found it to be substantiated based on the following information: 5 CSR 25-500.182(1)(C)3. - Only constructive, age-appropriate methods of discipline shall be used to help children develop self-control and assume responsibility for their own actions. On December 16, 2024, CI Radney conducted an interview with Angie Kinder. She has no other information about the incident other than what was discussed on December 9, 2024. On December 9, 2024, CI Radney conducted an interview with Angie Kinder. She reported on November 19, 2024, she received a text message from Rose Jett with concerns that she wanted reviewed on video. They reviewed the video footage of the incident. Carla violated their behavior intervention policy by temporarily restraining Child A when he wasn't a threat to himself or others. On December 9, 2024, CI Radney received and reviewed video footage for this complaint (which came in on December 13, 202. Video six is one minute and one second long. Carla is observed sitting in a chair in front of a class of children sitting on a rug. Carla stands up and walks toward Child A, who is standing on the carpet. Child A quickly squats down to the carpet. Carla tells Child A to sit down. Child A continues to squat and say "no." Carla walks to Child A, leans down and grabs Child A's left arm between his wrist and elbow with her right hand. Child A continues to be in a squatted position on the carpet saying "no" as Carla attempts to lift Child A using the one arm. Carla says "Come on, stand up" to Child A as she lifts him off the ground using his one arm and her one hand. Carla bends down and uses both hands to lift Child A off the ground by both of Child A's arms, between the elbow and wrist. Child A is whining but not crying. Carla carries Child A over to her chair and roughly sets him down at her feet. Child A's legs and knees hit the ground first, which can be heard on the video. Child A begins to cry loudly. Carla begins reading a book. Child A continues crying and is observed to touch and rub his knees and legs. Video six ends with Carla placing her hand on Child A's head and Child A crying. Video 12 is one minute and five seconds long. Video 12 appears to pick up immediately or soon after video six ends, as Carla is still sitting in the chair, reading the same book, and Child A is still crying between her feet. Carla appears to put her feet and legs in a position that prevents Child A from crawling out from between her legs. Child A appears to try to move or crawl away. Carla is observed to pull him back by his shoulder. Child A continues to cry and struggle to move away. Carla tells Child A "Hey, you've got to sit still. Yes, you are going to sit still." Child A shakes his head and continues to cry. Carla continues to read the book. Child A appears to be on all fours, attempting to crawl away from Carla. Carla moves her feet to closer together. Child A continues to cry. Carla moves her feet apart, reaches down and picks up Child A under both arms and repositions him to a sitting position. Child A continues to cry and move around. On January 15, 2025, CI Radney conducted an interview with Carla Elliott. She reported Child A was on the rug, kicking and screaming and having a meltdown. She said "Come on, Child A." He put his hand up and stood up and she took his hand and then he went limp. She let him down and picked him up under both arms and carried him to her chair and sat him down between her feet. He sat there while she read her book. He did not want to be sitting at her feet but she didn't want him running out the door. He was crying not because he was hurt but because he didn't want to sit up with her, he wanted to be over on the rug kicking his friends or running around the classroom. She wanted him to stay there so he wouldn't get up and hurt other kids or run out the door. She was trying to keep him and the other kids safe. Based on the observed video, Carla was not using constructive, age-appropriate methods of discipline which would help Child A develop self-control and assume responsibility for his actions when she picked him up and roughly sat him down between her feet and required him to remain there there by using her hands, legs and feet, while Child A continued to whine and cry and attempt to crawl away for a period of approximately two minutes. While Carla stated she was trying to keep Child A and other children safe, there is no evidence that Child A was attempting to hurt himself or others.
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 1/27/2025 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
2/11/2025 12:00:00 AM
Approving Supervisor
FOX, ROMENA