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On January 3, 2025, the Office of Childhood (OOC) received an allegation that on January 03, 2025, teacher Marshell Hill in the Kangaroo classroom used excessive force/restraint on Child A (age 2-years-old) when trying to get the child to sit in a chair and no explanation was given. No known injuries sustained. Parent A who also works at the facility witnessed this from the hallway and alerted the director, Kim Heumann. On January 8, 2025, Compliance Inspector (CI) Christy Hughes conducted an unannounced inspection of the facility and determine the allegations to be substantiated based on the following information.
5 CSR 25-500.182(1)(C)2., which states: "Expectations for a child's behavior shall be appropriate for the developmental level of that child."
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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."
AND
5 CSR 25-500.182(1)(C)4., which states: "Praise and encouragement of good behavior shall be used instead of focusing only upon unacceptable behavior."
AND
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."
On January 8, 2025, (CI) Hughes conducted in person interviews with Executive Director Collin Mingo, Director Kim Huemann and caregivers Rinelda Zapa and Parent A (parent of Child A and also a caregiver at the facility). Kim stated that she was notified by Parent A that Child A was having a rough day. She stated that she viewed the video and found the discipline by Marshell Hill of Child A to be too aggressive and not following the center's policies. She stated that Ms. Hill was put on administrative leave until the video was investigated. Ms. Hill was not allowed back into the facility. Collin Mingo stated that he observed the video and saw Ms. Hill using inappropriate discipline with Child A and reported the incident to the Child Abuse and Neglect Hotline. Ms. Hill was immediately put on administrative leave and was terminated. He stated that caregiver Rinelda Zapa received disciplinary action as well for not intervening with the situation.
Rinelda stated that Child A was having a hard time and that she struggles with behaviors. She stated that Ms. Hill wanted her to sit at the table with the rest of the class to play with toys. Ms. Hill spoke very stern with Child A. Child A did not want to sit and was trying to get out of her seat. Rinelda stated that Child A was not harming herself or anyone else. She did not think she needed to step in to assist Ms. Hill but did think that Ms. Hill lost her temper from being frustrated. CI Hughes asked if Ms. Hill requested help and Rinelda stated "No."
Parent A stated that Child A was struggling with some behaviors, and she was working with an agency. She felt like Ms. Hill set Child A down hard so she reported it to the director.
CI Hughes observed a video provided by the center that lasted approximately 4 minutes in length. CI Hughes observed caregiver Marshell Hill forcibly pushing Child A into a chair multiple times. Child A is lifted off of the ground and forcefully placed back into her chair on 8 separate occasions. Child A continued to fight and kick. At the 2 minute 7 second mark, Child A gets up from her chair and runs over to the cubbies. Ms. Hill follows her over and grabbed her by the arm and yanked her up off the ground and returned her to her chair. Ms. Hill then continues to forcibly push Child A back into her seat while pushing her into the table. CI Hughes also observed co-teacher Rinelda Zapa observing the situation and not stepping in. At the 3 minute and 48 second mark, Ms. Hill gets up from the table and leaves the room. Child A gets up and runs back over to the cubbies then the video ends.
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