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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
4/16/2025 12:00:00 AM
DVN
003002940
Facility Name
ABC DAYCARE & LEARNING CENTER
Facility Address
15 GARVEY PKWY
City
ST CHARLES
Zip Code
63303-5614
Phone
(636) 441-4465
County
ST CHARLES
Assigned Specialist
STEWARTMARTIN, JADE
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.182(1)(C)6. Firm, positive statements or redirection of behavior shall be used with infants and toddlers.
5 CSR 25-500.182(1)(C)8. 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.
5 CSR 25-500.092(1)(B)2.I. Sitting devices such as car safety seats, strollers, swings, infant carriers, infant slings, and other sitting devices shall not be used for sleep/nap time. Infants who fall asleep anywhere other than a crib, portable crib, or playpen shall be placed in the crib or playpen for the remainder of their sleep or nap time.
5 CSR 25-500.192(5)(A) In case of accident or injury to a child, the provider shall notify the parent(s) immediately. If the child requires emergency medical care, the provider shall follow the parent's(s') written instructions.
5 CSR 25-500.192(5)(B) Information regarding the date and circumstance of any accident or injury shall be noted in the child's record.
Conclusion Summary
On April 16, 2025, the Office of Childhood (OOC) received an allegation that on Friday, April 11, 2025, caregiver Sherry Knox reportedly got a little frustrated with Child A (age 10-months-old) and shook him either up and down or back and forth. The parents were not notified. After conducting an investigation, Compliance Inspector (CI) Jade Stewart-Martin has found this allegation to be substantiated based on the following evidence: 5 CSR 25-500.192(5)(A)., which states: "In case of accident or injury to a child, the provider shall notify the parent(s) immediately. If the child requires emergency medical care, the provider shall follow the parent's(s') written instructions." AND 5 CSR 25-500.192(5)(B)., which states: "Information regarding the date and circumstance of any accident or injury shall be noted in the child's record." 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)6., which states: "Firm, positive statements or redirection of behavior shall be used with infants and toddlers." AND 5 CSR 25-500.092(1)(B)2.I., which states: "Sitting devices such as car safety seats, strollers, swings, infant carriers, infant slings, and other sitting devices shall not be used for sleep/nap time. Infants who fall asleep anywhere other than a crib, portable crib, or playpen shall be placed in the crib or playpen for the remainder of their sleep or nap time." On April 16, 2025, Compliance Inspector (CI) Jade Stewart-Martin conducted an unannounced inspection and interviewed director Trisha Wilson, assistant director Niki Michael, and teachers: Carol Adams and Sherry Knox. Parent AA (parent of Child A) was also interviewed at the center. Child A (age-11-months-old) was present at the center but was too young to be interviewed. Trish stated that she was not present on April 11, 2025. The incident with Child A and Sherry Knox occurred on Friday April 11, 2025. Child A (age 11-months-old) was in Carol and Sherry's classroom on Friday April 11, 2025, which was abnormal since Child A is typically in the other infant classroom. The first time she heard about this incident was the evening of Monday April 14, 2025. She was made aware of the situation by Carol, but not by her assistant director Niki. Trish did not contact Parent A (Parent of Child A) until the morning of Wednesday April 16, 2025. She stated that Niki was written up for not reporting the incident to her. Trish stated that dependent upon this investigation, Sherry will either receive a final write-up or termination. During the meantime, there is a safety plan in place for Sherry which does not allow her to be alone with children and she is to have no contact with Child A. Trish stated that the center does not have any camera footage in any of their classrooms. Niki stated that she was made aware of the situation by Carol on the evening of Friday April 11, 2025. She stated that she observed Child A, and he was fine, so she didn't think much of it. Niki stated that she forgot about the incident over the weekend and forgot to report it to Niki. She did call Parent A on Friday April 11, 2025, to notify her that Child A had thrown up his bottle. Niki did not contact or speak to Parent A at pick up regarding the incident that took place between Child A and Sherry Knox on Friday April 11, 2025. Carol stated that on April 11, 2025, she witnessed Sherry pick up Child A from underneath the armpits and brought him to her face and screamed at him. Carol recalls that Sherry was so angry that her teeth were clinched together. Carol stated that Child A was not shaken but Child A was crying due to Sherry yelling in his face. Carol went and reported this incident to the assistant director Niki, since Trish was not present on this day. Carol stated that she has worked with Sherry for a long time and had never seen her get as frustrated as she was on April 15, 2025. Sherry stated that she was frustrated with Child A on Friday April 11, 2025. She stated that Child A had thrown up on April 11, 2025, and she thinks he might have been getting sick. Child A was very whiny on this day because he was refusing to nap. Sherry did state at one time she did pick Child A up from underneath the armpits and in an elevated tone said "No." She was unable to recall what Child A's reaction was to this. After this incident she put Child A in a floor bouncer, and put him to sleep by rocking him. Sherry stated that Child A was asleep in the bouncer for approximately fifteen minutes until Parent A picked up Child A. Parent AA stated that the first time that they were made aware of the incident between Child A and Sherry was this morning April 16, 2025. Parent AA stated that he does believe that Parent A did receive a call on April 11, 2025, regarding Child A throwing up. On April 16, 2025, CI Stewart-Martin observed Child A's enrollment form. CI Stewart-Martin observed Child A, and there were no visible injuries. Sherry Knox's safety plan was observed. Child A's file did not contain an incident report in it regarding caregiver Sherry Knox screaming at Child A on April 11, 2025.
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 5/1/2025 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
5/31/2025 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L