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On December 26, 2024, the Office of Childhood (OOC) received an allegation that: The director has been using physical force to hold children down when they are upset. She will hold children down with her legs. After conducting an investigation, Compliance Inspector (CI) Michelle Honea has found this allegation to be substantiated based on the following evidence:
5 CSR 25-500.182(1)(C)7., which states: "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: "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)3., which states: "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 27, 2024, CI Honea conducted an inspection at the home of Child A and spoke with Parent A(parent of Child A), Parent B(parent of Child B), and Child A.
Child A stated she is 4 years old and lives with three brothers, along with Parent A and Parent B. She is taken to Ms. Rayna's office when she is bad and then sent home. She will throw a fit sometimes at the daycare. She has to sit on the floor in Ms. Rayna's office and Ms. Rayna will sit on the floor behind her. Ms. Rayna will hold her arms down like a tight hug and Ms. Rayna will put her legs on Child A's legs. She can't move when Ms. Rayna does that. She got mad at lunch the other day because she was told no to having pizza. Ms. Lorna and Ms. Hailey took turns holding her down like Ms. Rayna does. Ms. Keira has also held her down. She was sent to Ms. Rayna's office and Ms. Rayna held her hands because she was touching a chair. She was sent home on Friday and Parent B picked her up.
Parent A stated that this is something that apparently has happened on several occasions. Child A went back to the facility on Monday, and she was called about another incident with Child A. She was not able to pick up Child A so she called Parent B to pick up Child A. There is not a behavioral plan in place for Child A. Parent B stated that he went to pick up Child A and he started looking for Child A with all the doors closed. He heard Child A in the director's office and knocked on the door. He heard Director Rayna tell Child A that "daddy was there." He walked into the office and found Rayna sitting on the floor with Child A between the director's legs and the director had used her legs to hold Child A's legs down. Rayna had Child A in a tight bear hug. Rayna told Child A that she would not let go until Child A could control herself. Rayna stated that Child A threw her food tray over Fritos. Child A is supposed to show the cook or the teacher that she tried a bite of the food on her plate. Parent A did have a talk with Rayna about the food issues. There is never follow up from Rayna on anything.
On December 27, 2024, CI Honea observed Child A demonstrate how Director Rayna, Assistant Director Hailey Herrick, teacher Keira Griffen, and cook Lorna Roberts would all hold Child A down. CI Honea also observed the bruises on Child A's side (hip / back), bruising on Child A's legs, and a scratch on Child A's back that Parent A and Parent B feel came from Child A being held down.
On January 2, 2025, CI Honea conducted an unannounced inspection at the facility and interviewed Director Rayna Clark, Assistant Director Hailey Herrick, and teachers Alyssa Wilkerson, and Shira Foster, along with cook Lorna Roberts. Rayna Clark stated that Child A is a smart girl that knows her business, very argumentative, and will not mind. Child A will run away from staff and laugh in your face. Child A has run across the tables, hit at friends, ran down the hall, up the stairs before getting stopped by teachers near the office. On December 20, 2024, Child A had an up and down day. Child A was being horrible in the classroom and was sent to the office. She had a talk with Child A and then called Parent A. Child A was trying to pull the tables over before Parent B came to pick up Child A. It appeared that Child A did not feel good that day. Child A will act out for attention. She will physically pick up Child A to move Child A away from other children. She will pick Child A up under the arms or like a chair with Child A's back against her chest and she will have one arm around Child A's stomach / chest and the other arm under Child A's legs. It is not outside the realm of possibility that she held Child A down. She does not know how Child A got the bruises. On Monday Child A did roll around on the gym floor. The Friday before she had to pick up Child A in a backward hug and take Child A to the office from the gym. She did have a very tight grip on Child A. She was sitting on the floor with Child A in between her legs. She was trying to keep Child A from grabbing things that could hurt Child A. She does not recall holding down Child A when Parent B walked into the office to get Child A. She does not believe that she told Child A that she would not let go until Child A could calm down. It does not mean that she did not say it but she is not sure.
While on premises CI Honea interviewed Assistant Director Hailey Herrick who stated the following. She does not work with Child A very often. Once in a while she will see Child A and they have great conversations. She has been instructed by Rayna on how to hold Child A or other children having behaviors. On this specific day she did not see Director Rayna hold Child A down, but she has seen this happen before. She has held Child A down one time because Child A was trying to get out the gym door. On this incident she sat on the floor with Child A between her legs and wrapped her legs over Child A's legs. Child A was not able to get up freely until Child A calmed down. Teacher Keira has also restrained Child A in a bear hug while sitting on the floor. She has also restrained Child A in the library to keep Child A from leaving the room. She did not see the incident with Director Rayna and Child A on the day that Parent B picked up Child A, but she did hear about it.
Alyssa Wilkerson stated that she has been here for three years. She does not have direct involvement with Child A. She was not there on Monday, but she was there on the Friday before. She was leaving on Friday around the time Child A was in the office waiting on Parent B. She did see Child A in the office. She only remembers Rayna sitting on the floor with Child A, but she does not know what they were doing. She does not remember seeing anyone restrain Child A.
While on premises CI Honea interviewed teacher Shira Foster who stated the following. Child A is not in her class and only interacts with Child A in the common areas. She will make sure Child A makes safe choices with Child A's body. She will also remind Child A what that looks like. She does not remember anything that happened on Friday. On Monday she saw Child A running away from the grownups but does not know which one. Director Rayna came in to deal with Child A. She has never used physical force on Child A. Director Rayna is the one who deals with Child A.
While on premises CI Honea interviewed cook Lorna Roberts who stated the following. She only sees Child A at lunch. Child A has good and bad days. On Friday Child A was hitting and kicking the director Rayna. She walked by the office when she was leaving. She saw Rayna sitting on the floor near Child A. She knows Rayna gave Child A several warnings. She did not see Rayna restrain Child A. She did not grab or restrain Child A in the gym.
On January 2, 2025, CI Honea observed Director Rayna and Assistant Director Hailey demonstrate how they restrained Child A. Both Director Rayna and Assistant Director Hailey showed how they would sit behind Child A, wrap their arms around Child A in a bear hug, and wrap their legs around then over Child A's legs to keep Child A from moving.
On January 7, 2025, CI Honea conducted a phone interview with teacher Keira Griffen who stated the following. She was not there the day Child A ran across the tables. She was there the day of the party. Child A seemed sad on this day. Child A was trying to make a run for it, and she grabbed Child A, who fell to the floor, she was holding Child A's hands and could not handle Child A, so she called Director Rayna. She would not let go because Child A was going to hit her head on the floor. She did not drag Child A into the gym. She has been instructed by Director Rayna to put children in a "safe hold" which is putting legs around the children to hold them down. She has used the safe hold on Child A. She has seen Director Rayna use the safe hold on Child A.
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