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Compliance Inspector (CI) Jessica Graham investigated the allegation that on July 30, 2025, Ms. Sierra, grabbed Child A (3 years old), by the arms and pulled them behind her back and then yanked her up off the ground. This resulted in marks under her arms and on her back/shoulders. This allegation is substantiated based on the following rule violations.
5 CSR 25-500.182(1)(C)2. which states: "Expectations for a child's behavior shall be appropriate for the developmental level of that child."
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5 CSR 25-500.182(1)(C)3. which states: "Only constructive, age-appropriate methods of discipline shall be used to help children develop self-control and assume responsibility for their own actions."
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5 CSR 25-500.182(1)(C)5. which states: "Brief, supervised separation from the group may be used based on a guideline of one (1) minute of separation for each year of the child's age."
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5 CSR 25-500.182(1)(C)7. which states: "Physical punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair shall be prohibited."
On August 6, 2025, Compliance Inspector (CI) Jessica Graham reviewed Child A's file. Statements from those documents read as follows:
From the Child Care Enrollment Form: "Child A struggles with talking, she could not hear for the first year of her life and has fallen behind in that area. This can cause her to become upset and throw temper tantrums."
From the Child Introduction Form: "Dislikes sitting still, being yelled at..."
From the Child/Family History Form: "Has issues with speech and with emotional behavior. Receiving speech therapy and occupational therapy from First Steps. Has a hard time regulating emotions which then turns to physical harm to self or others via hitting."
On August 6, 2025, director Jacob Bellew stated that Child A struggles with behavior issues, transitions and being told "no". They have been in contact with Parent A asking for assistance with Child A and getting therapies as needed. Sierra was the teacher for Child A On July 30, 2025, and she notified Grandparent A of some scratches on Child A at pick up. He was later contacted by Parent A asking to view video footage of Child A and Sierra, which he showed to them, noting the struggle with Sierra and Child A. Jacob only reviewed the incident of Sierra picking up Child A, but did not review footage after that point.
Kara Allen, caregiver, was in and out of the classroom with Sierra and Child A on July 30, 2025. She was not sure what was happening but knows that Child A had some rocks and Sierra was putting her in time out. Child A would throw a fit and Sierra would try and get Child A to but the rocks back where they belonged. This was typical behavior for Child A. Sierra had to carry Child A to time out at times. She was in chair by the window in time out. The time out strategy is one minute per age of the child. Sierra did seem frustrated with Child A that day. She doesn't have concerns with Sierra but does feel that the interaction lasted longer than it should have. She said Jacob went over discipline strategies with her over the phone after the incident between Sierra and Child A.
Cheyenne Bowman, caregiver, has been in the classroom with Sierra for the past couple weeks. She said Child A can get upset but will calm down quickly and continue playing. Child A can get over upset if there are too many kids around or if it is too loud. She has seen Sierra put Child A in the corner and rub her arms and talk to her if she knew a big fit was coming.
Sierra Sayles, caregiver, said that she has tried to discuss Child A's behaviors with Parent A. Child A has received therapy at the center and she went over techniques to use with Child A. Child A can understand simple commands but sometimes does not listen. Child A would sit in time like most kids and throw a fit. On the day of the incident Child A was playing in fee play. Child A had got a rock from the shelf and took it to the carpet. They were trying to keep the rocks away from the TV and Child A was being goofy with them so she did not want her to have them. She went to get the rock and Child A fell to the ground fighting. Child A was trying to claw at their face so she took her hands and put them behind her back and picked her up and moved her to the calm down corner for time out. Child A would calm down and then try to leave. If she would walk away Child A would throw a fit. She was not sure how long Child A was in the calm down corner. She tries to keep Child A contained until she calms down. She has asked Jacob for help before with Child A's behaviors. That afternoon at pick up she saw scratches on Child A and told Grandparent A about them at pick up. She as not sure where they came from. Later there was meeting with Jacob and Parent A and he told her not to put children's hands behind their backs.
On August 6, 2025, Compliance Inspector (CI) Jessica Graham viewed video footage from July 30, 2025, for the classroom with caregivers Sierra Sayles and Kara Allen. Child A, age 3-years-old, was in the classroom. Jacob Bellew, director, was present while viewing.
*Timestamps on video footage may be an hour off. There is no audio.
-Child A is running and playing in the classroom.
-She grabs a rock off the shelf and goes towards the carpet area.
-Sierra takes the rock away from Child A and puts Child A in the calming corner at 2:18 p.m.
-Sierra walks away from Child A in the calming corner at 2:21 p.m.
-Child A starts throwing books.
-Sierra sits and reads a book with Child A.
-Sierra sits Child A back down on the ground in the calming corner.
-Kara is in the room but not interacting with Sierra or Child A.
-Child A is still sitting in the calming corner at 2:28 p.m., then Sierra picks her up and holds her.
-Child A goes back to the rocks at 2:35pm and Sierra takes her back to the calming corner.
-Child A throws herself on the ground.
-At 2:43 p.m. Child A walks out of the calming corner and sits on the carpet.
-Sierra takes Child A back to the calming corner at 2:44 p.m.
-At 2:48 p.m. Sierra brings Child A out of the calming corner, takes her back to the rock shelf and talks with her.
-Child A appears to be crying; drops to the floor and lays down.
-Sierra stands up and takes Child A back to the calming corner at 2:49 p.m.
-Child B is grabbed by the arm by Sierra and placed in a chair for "time out" for a total of eleven minutes during the incident with Child A.
-At 2:55 p.m. Sierra takes Child A back to the shelf with the rocks and then back to the calming corner.
-At 3:01 p.m. Child A gets out of the calming corner, goes back to the shelf and then Sierra hugs Child A.
-Kara is seen on her phone multiple times during this interaction between Sierra and Child A.
The incident started around 2:18 p.m. and ended around 3:01 p.m. lasting a total of approximately 44 minutes.
After viewing extended video footage with Jacob Bellew, director, he agreed that Sierra had placed Child A and Child B in time out for excessive periods of time. He did not approve of Sierra's interactions with Child A and did not approve of the lack of help from Kara.
On August 12, 2025, Parent A stated that after viewing the video footage she did not feel comfortable taking Child A back to the center. She felt Child A was being singled out by Sierra. Child A is non verbal and does hit herself and have outbursts. The center was aware of these issues at enrollment.
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