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On July 2, 2025, the Office of Childhood (OOC) received an allegation that on July 2, 2025, around 3:00 p.m., Parent A (parent of Child A) attempted to pick up Child A (6-years-old) from Tendercare Learning Center #8. Parent A was informed by an unknown staff member that Child A was in the restroom. Parent A waited but Child A never showed up. Then another child came out of the classroom and said that he thought Child A was still in the van from a field trip earlier that day. It is unknown how long the child was left unattended on the van. After conducting an investigation, Compliance Inspector (CI) Patrick O'Malley has found this allegation to be substantiated based on the following evidence:
5 CSR 25-500.212(3)(G), which states that: "Children shall not be left unattended in a vehicle at any time."
AND
5 CSR 25-500.182(1)(A)1., which states that: "Caregivers shall not leave any child without competent supervision."
On July 3, 2025, CI O'Malley conducted an unannounced inspection of the facility and observed video footage of the incident. The footage is dated July 2, 2025, with a start time of 3:25:02 p.m.; the footage does not contain audio. The van pulls up to the building at 3:26:09 p.m. Darlene enters the building at 3:28:21 p.m. Darlene exits the building at 3:29:24 p.m. and walks toward the van, Darlene re-enters the building at 3:29:49 p.m. Darlene exits the building at 3:29:57 p.m. and gets into the van's driver's seat at 3:30:12 p.m. Darlene drives the van to the rear parking lot, then re-enters the building at 3:32:17 p.m. Darlene exits the building at 3:32:24 p.m., followed by Parent A. Darlene retrieves Child A from the van at 3:34:28 p.m. Child A appears to be unsupervised for approximately six minutes, seven seconds.
CI O'Malley conducted interviews with staff Darlene Ham, Jordin Irons, Child B (11-years-old), and Child C (6-years-old). Darlene stated that on Wednesday, July 2, 2025, Child A (6-years-old) was part of a group of about ten children that were on a field trip to a local waterpark. The van returned the group to the facility at about 3:30 p.m. The van had four rows. Darlene was sitting in the front passenger seat, Jordin was in the third row, Child A was in the fourth row, and staff Miranda Baddmunte was driving. Everyone except Child A unloaded from the van and walked into the facility. After a few minutes, she exited the facility's front door and returned to the van. Darlene realized that she had forgotten the van's key and returned to the building before reaching the van; she re-entered the building. Darlene got the key and walked to the van. Darlene moved the van to the rear parking lot then walked back to the building. Parent A was waiting in the foyer. Jordin reported that Child A was not in his classroom. Darlene returned to the van and found Child A asleep on the back seat. Darlene woke up Child A and they both walked to the facility.
Staff Jordin Irons stated that the group of ten children that went to the water park were all in the same classroom. The group returned to the facility at about 3:30 p.m. and went directly to the school age classroom. Parent A was waiting in the foyer when the group passed through. After a few minutes, she noticed that Child A was not in the classroom. Jordin returned to the foyer and informed Darlene that Child A was not with the group and must be in the van. Jordin remembered that Child A had been in the van on the return trip.
Child B (11-years-old) stated that he was sitting in the third row of the van. Child B noticed that Child A had fallen asleep. Child B did not tell any of the adults that Child A was asleep.
Child C (6-years-old) stated that he was sitting in the fourth row of the van, next to Child A, who fell asleep during the van ride. Child C did not tell any of the adults that Child A was asleep.
On July 31, 2025, CI O'Malley conducted a phone interview with Parent A, who affirmed that he waited in the foyer of the facility for approximately six minutes between the van arriving from the water park and Child A being found asleep in the backseat of the facility's van. Child A had been disenrolled from the facility. Child A was unavailable for an interview.
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