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On July 2, 2025, the Office of Childhood (OOC) received a report alleging "Child A (6 months old) was crying. Austin placed his hand over Child A's mouth. While Austin's hand was over Child A's mouth, Child A stopped crying for about five seconds. Once Austin removed his hand, Child A started crying louder as if he was hurt." After conducting an investigation, Compliance Inspector (CI) Caylin Mertz has found this allegation to be substantiated based on the following evidence and rule violations:
5 CSR 25-500.182(1)(D)3 which states "Caregivers shall be alert to various needs of the child such as thirst, hunger, diaper change, fear of or aggression by other children, and the need for attention."
On July 3, 2025, CI Caylin Mertz conducted an unannounced inspection and walkthrough at the facility. Over the course of this investigation, CI Mertz interviewed Director Karen Davis, Caregiver Austin "AJ" Davis, Caregiver Cassandra Reese, and Parent A. Karen indicated AJ will be terminated from the facility following this incident. She did not witness the incident occur. Cassandra indicated she heard Child A's cry muffle when AJ placed his hand over Child A's mouth and held it there. She indicated Child A began crying harder after AJ removed his hand. CI Mertz observed video footage dated July 2, 2025 at 12:46 p.m. The video shows Child A in an infant swing and AJ sitting on the floor to the right of Child A. AJ buckles Child A in to the infant swing while Child A is kicking his legs. AJ places a pacifier in Child A's mouth and holds it there for nine seconds. Child A moves his head away from the pacifier at least twice and begins to kick his legs more quickly. AJ pulls the pacifier out of Child A's mouth. CI Mertz observed over an hour of video footage. AJ was observed to be watching Netflix and playing games on his phone while Child A appeared to be distressed sitting in front of AJ in an infant swing. AJ would tend to the child briefly before returning his attention to his cell phone. Parent A indicated she sees AJ on his phone all the time. AJ indicated he was "scrolling on my phone a bit" and acknowledged it is not okay to be scrolling on your phone when a child is crying in front of you. AJ indicated Child A did have a pacifier but he was not wanting to take it. AJ stated he did hold the pacifier in Child A's mouth to try to get him to take it.
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."
Karen indicated Child A is sometimes permitted to sleep in an infant swing. She is aware infants are not allowed to sleep there. That is where Child A sleeps best.
5 CSR 25-600.020 (5) which states "Criminal background checks shall be completed for each child care staff member every five (5) years. "
Karen indicated AJ does not have a current background screening as his is expired.
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