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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
3/18/2025 12:00:00 AM
DVN
001588858
Facility Name
KINDERCARE LEARNING CENTERS LLC
Facility Address
4105 TELEGRAPH RD
City
ST LOUIS
Zip Code
63129-2736
Phone
(314) 892-1627
County
ST LOUIS
Assigned Specialist
OMALLEY, PATRICK
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.
5 CSR 25-500.182(1)(C)4. Praise and encouragement of good behavior shall be used instead of focusing only upon unacceptable behavior.
5 CSR 25-500.182(1)(C)7. Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited.
Conclusion Summary
On March 18, 2025, the Office of Childhood (OOC) received an allegation that on March 17, 2025, before naptime, Child A (2-years-old), was grabbed by his hood from a play bicycle by staff Andrea McIntyre at Kindercare Learning Centers LLC; this was witnessed by staff Ashley Brandt. Ms. McIntyre then yelled into Child A's face. Child A had a cut on his neck, but it is unknown if the cut was from playing on climbing stairs in the classroom with another student or if it was a result of being picked up by the hood of his jacket. 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)(C)3., which states the following: "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 the following: "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 the following: "Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited." On March 20, 2025, CI O'Malley conducted an unannounced inspection of the facility and conducted interviews with director Angie Butler, staff Andrea McIntyre, and Ashley Brandt. Staff Ashley Brandt stated that she observed Andrea grab Child A by his hood and lift him off a bike one-handed. Andrea then bent over and appeared to yell into Child A's face. Ashley made the observation through a window and was unable to see the lower half of Child A's body or hear what Andrea yelled. Staff Andrea McIntyre stated that the 2-year-old class was on the outside playground from 10:30 a.m. until 11:00 a.m. on Monday, March 17, 2025. When the class was instructed to line up, Child A ran to the other side of the playground and got on a bike. Andrea followed Child A and told him to come inside. Child A started to become upset, and Andrea was concerned that Child A would throw his head backwards, off the bike and onto the concrete. Andrea grasped Child A's hood with her right hand and grasped Child A's upper left sleeve with her left hand. Child A got off the bike himself and Andrea let go of his hood and sleeve. Andrea knelt and told Child A that it was time to go inside and that he needed to listen. Director Angie Butler stated that she was informed of the incident by Ashley at approximately 1:00 p.m. on March 17, 2025. Parent A (parent of Child A) was informed of the allegation by phone immediately. Angie contacted the Child Abuse and Neglect Hotline the same day. Andrea was suspended for one day and retrained on appropriately handling children. There were no cameras covering the outside playground. On March 20, 2025, CI O'Malley conducted a phone interview with Parent A (parent of Child A), who stated that she was satisfied with Child A's care at the facility, and she had no concerns regarding his safety. Parent A affirmed that she was contacted via phone by Ms. Butler following the incident with Andrea and Child A.
Corrective Measures
Corrective MeasureCompleted (Y/N)Completed Date
The facility shall notify all staff members of the violations which were substantiated, and specify the actions to be taken by all staff in order to comply with all violations cited. A copy of the memo, letter, or staff meeting agenda shall be submitted to the Office of Childhood. Y 6/12/2025 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
5/16/2025 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L