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On January 24, 2025, the Office of Childhood (OOC) received an allegation that Rainbow Castle Child Development Center staff Devin McMahon left seven 2-year-olds without supervision for approximately fifteen minutes resulting in fights between children breaking out. There were witnesses to this event. This happened multiple times, including a time where a child got severely injured resulting in stitches on the child's forehead because of them falling into a table. After conducting an investigation, Compliance Inspector (CI) Patrick O'Malley has found this allegation to be substantiated based on the following evidence:
5 CSR 25-500.182(1)(A)1., which states the following: "Caregivers shall not leave any child without competent supervision."
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5 CSR 25-500.182(1)(A)3., which states the following: "Caregivers shall provide frequent, direct contact so children are not left unobserved on the premises."
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5 CSR 25-500.192(5)(B)., which states the following: "Information regarding the date and circumstance of any accident or injury shall be noted in the child's record."
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5 CSR 25-500.112(1), which states the following: "Staff/child ratios shall be maintained at all times."
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5 CSR 25-500.112(1)(A), which states the following: "The staff/child ratio and group size shall be followed as outlined in the below chart unless it meets an exception in subparagraphs (1)(B)-(G) below: Infants, toddlers, and 2-year-olds shall have one caregiver for every four children with no more than eight children per group; Groups composed solely of children 24 to 36 months shall have one caregiver for every eight children with no more than 16 children per group; Groups composed solely of children 3 to 4 years shall have one caregiver for every 10 children with no more than 20 children per group; Groups composed solely of children 5 years or older shall have one caregiver for every 16 children with no more than 32 children per group; A mixed group of children consisting of no more than four children age 2 years, and at least one child older than 3 years shall have one caregiver for every 10 children with no more than 20 children per group; A mixed group of children consisting of more than four children ages 24 to 36 months, and at least one child older than 36 months shall have one caregiver for every eight children with no more than 16 children per group."
On January 27, 2025, CI O'Malley conducted an unannounced inspection of the facility and conducted interviews with staff Devin McMahon, board chairperson Robert Bortoletto, and staff Tranetta Hill, and Ruby Strickland.
Ms. Hill stated that on Friday, January 17, 2025, she asked Ms. McMahon to cover the 2-years-old classroom while she took her break and used the restroom; Ms. McMahon agreed to cover the classroom. Ms. Hill returned to the classroom fifteen minutes later; Ms. McMahon was not present. The children were excited and roughhousing but none were injured and none of the children were fighting. Ms. McMahon entered the classroom a few minutes after her. Ms. Hill asked Ms. McMahon why no teacher was in the classroom and Ms. McMahon shrugged and left the classroom. Ms. McMahon has left classrooms unattended several times over the last year, but she was unable to recall any specific dates. Ms. Hill was not present for the incident involving Child A falling into a table.
Ms. Strickland affirmed that Ms. McMahon had left her preschool classroom unattended several times while Ms. McMahon was covering breaks. Ms. Strickland was unable to recall specific dates that Ms. McMahon left the classroom unattended. Ms. Strickland was aware of Child A (3-years-old) requiring medical treatment after falling into a table, but she did not know if Child A or the classroom was unattended at the time. Child A's fall occurred in June or July 2024.
Mr. Bortoletto stated that he and Ms. Bortoletto purchased the facility at the beginning of November 2024. Mr. and Ms. Bortoletto had received several complaints from a variety of staff regarding Ms. McMahon leaving classrooms unattended while covering breaks. Ms. McMahon was the facility's cook and part-time administrative assistant; covering classrooms for staff breaks was a part of Ms. McMahon's job description. Mr. Bortoletto denied directly observing Ms. McMahon leaving any classrooms unattended. Mr. Bortoletto denied discussing the allegations with Ms. McMahon directly. Mr. Bortoletto affirmed that he and Ms. Bortoletto had not done anything to address the allegations. Mr. Bortoletto was unaware of any incidents involving Child A. Mr. Bortoletto was unable to produce an incident report for Child A.
Ms. Bortoletto stated that she and Mr. Bortoletto purchased the facility in November 2024. Ms. Bortoletto was unaware of any incidents involving Child A. Ms. McMahon, Ms. Devin, and Ms. Strickland were the only staff that were still employed at the facility from the previous summer.
Ms. McMahon denied ever leaving any classrooms unattended. Ms. McMahon denied being asked to cover a break for Ms. Hill on January 17, 2025. Ms. McMahon denied being aware of Child A falling or being injured.
On February 13, 2025, CI O'Malley conducted a phone interview with Parent A (parent of Child A), who stated that she was contacted by phone at 8:30 AM on July 29, 2024, and informed that Child A had sustained an injury to his forehead. Parent A went immediately to the facility and observed a small cut to Child A's forehead. Parent A was informed by the teacher that Child A had been running, tripped over his own feet, and fell into a table. Parent A did not recall the name of the teacher she spoke with but recalled that it was not Ms. McMahon. Parent A did not receive an incident report, information was relayed on the facility's app. Child A was clumsy and fell frequently at home. Parent A was satisfied with Child A's care; she planned to re-enroll Child A at the facility this summer. Child A was unavailable to be interviewed.
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