|
Compliance Inspector (CI) Jackie Ruth and Compliance Inspection Supervisor (CIS) Marla Chrisco, investigated an allegation that on Wednesday, August 6th 2025 Parent A arrived at Wellness Kids Academy approximately 4:00 p.m. to pick up Child A from school. When Parent A walked into the classroom she was met with LauraMarie(teacher) holding Child A in a 'bear hug' with both her arms closed tightly around him, with his arms pinned under hers, while he was yelling and she was counting down from 60. She told him she would not let him go until he was calm, he couldn't go to Parent A yet because he wasn't calm. She was holding Child A firm enough that he couldn't wiggle out. This allegation was found to be substantiated based on the following information.
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) 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."
On August 12, 2025, CI Ruth and CIS Chrisco conducted an unannounced inspection of the facility and conducted interviews with Anna Popova, caregivers Jen Barton, Nicole Hand, and Child B, and Child C.
Anna stated that when Parent A came to pick up Child A, he was in LauraMarie's lap and she was counting to 30, and LauraMarie told Parent A and Child A that he could not get up until she finished counting. There is another child in the class with a cast and Anna and LauraMarie were concerned that Child A could potentially injure the child in the cast.. Anna reviewed the video footage to assess the situation. She said the video matched what LauraMarie told her. Child A was running around the classroom and LauraMarie had him sit in her lap while she held him and counted to try to calm him down. Anna has requested that teachers do not bring Child A to her office because it rewards his behaviors. The camera only holds recordings for 72 hours and Parent A and Parent B did not request to see the footage of the incident until Saturday, August 9, 2025, and it was already gone. CI Ruth and CIS Chrisco were not able to review the video either. Anna stated that she, Parent A, and Parent B met in the office on Friday, August 8, 2025 to discuss the situation. Anna told Parent A and Parent B that she talked to LauraMarie about the parents concerns and LauraMarie said she will not use this technique in the future with Child A. Anna stated that after the meeting with Parent A and Parent B, they both said they felt comfortable moving forward. The following Monday, August 11, 2025, Parent A came to pick up Child A's belongings and said that Parent B would contact her. Anna said she received a message from Parent B that Child A would no longer be attending Wellness Kids Academy. Anna confirmed the technique that LauraMarie used is not in their discipline policy.
Jen stated that she had already left for they day when this happened and she does not work directly with LauraMarie because she works in the morning and LauraMarie works in the afternoon. Jen stated that Child A is hyper and does use curse words. When Child A's behavior is too much, she will have him sit by her or redirect him. She stated that she has known Parent A prior to being Child A's caregiver. Parent A expressed to her that she was upset over the situation but did not go into detail. Child A's parents have not expressed any concern to her about LauraMarie prior to this incident.
Child B (age 5-years-old) and Child C (age 4-years-old) stated that Ms. Jen and LauraMarie are their teachers. Child B said he is friends with Child A, but he doesn't go here anymore but Child C is here so that's okay. Child B stated that Child A has to sit with LauraMarie for a long time and she counts from 0 to 70. They both stated that Child A was yelling for them to help him. Child B described that Child A was flailing his arms about and trying to get away from LauraMarie.
Nicole stated that she leaves at 4:00 p.m. so she only works with LauraMarie for a little while and they are usually outside. She used to take over for Jen so she is familiar with Child A. Child A can be ornery and rambunctious, especially with Child B, but exhibits normal "boy" behavior. She would separate Child A and Child B and Child A would usually listen to her. Child A would cuss sometimes but did not have a lot of issues with running around while she was his caregiver. No parents ever complained to her about LauraMarie and she does not have concerns with LauraMaire, but stressed that she does not work with her often.
On August 12, 2025, CI Jackie Ruth and CIS Marla Chrisco observed the discipline policy, located within the parent handbook, for Wellness Kids Academy. The discipline policy states:
"At Wellness Kids Academy, we help teach children to make the proper decisions so that their behavior is socially acceptable. We teach, we do not punish. We use age appropriate techniques to address the child's tantrums/misbehaviors, which consist of the following:
-Defined limits that are clear, positive and specific
-Promote self-regulation and respect
-Redirection of child's attention
-Praise and positive reinforcement
-Calm down center may be necessary to prevent the child from hurting themselves or others.
We will not subject any child to humiliation, ridicule, threats, spanking or any other form of physical punishment. Discipline will not be associated with food, rest or toileting."
On August 12, 2025, CI Ruth and CIS Chrisco observed the enrollment form and medical exam report for Child A. There are no limitations or notes about Child A on this physical exam form.
On August 12, 2025, CI Ruth and CIS Chrisco conducted an interview via phone with Parent A. Parent A stated that on Wednesday, August 6, 2025, she arrived around 4:00 p.m. to pick up Child A when she heard yelling from outside the classroom. When she walked into the class, LauraMarie was holding Child A in her lap with his arms pinned down. She was counting and would not let him go. LauraMarie yelled at another child who was across the room who tried to comfort Child A. LauraMarie told Child A that he did not have a calm body so he could not go to mom and he is not going anywhere. Another parent came in to pick up during this so LauraMarie grabbed both of Child A's hands around the wrists, held them above his head and stated, "you're going to walk calmly to mom." LauraMarie told Parent A that she had to do this with Child A multiple times today. Parent A kept Child A home the next day. He went back on Friday, August 8, 2025, because Anna told Parent A that she would handle the situation immediately and they had scheduled a meeting that day to discuss details. LauraMarie was still working there and Anna told Parents A and B that she got LauraMarie's side of the story. Anna justified why LauraMarie held Child A in the bear-hug and said she won't do it again. The rest of the day and week following this incident, Child A has been very dis-regulated and angry, displaying a lot of big emotions and meltdowns. On Thursday, August 7, 2025, the day following the incident, Child A told Parent A that he does not want to go back to school and he does not like LauraMarie, he only likes Ms. Jen. Child A said, "LauraMarie doesn't leave me alone." The weekend following this incident, Parent A attempted to remove Child A from the car and Child A said, "don't grab me, I'm scared." This had never happened before and was out of character for Child A. Jen does not have the same issues with Child A that LauraMarie does.
On August 13, 2025, CI Ruth and CIS Chrisco conducted an interview via phone with Patricia Kramer, the director, and she stated that Child A was being disrespectful, cursing and wouldn't listen to his teacher, LauraMarie. LauraMarie was holding Child A on her lap with her arms around him when Parent A came in, and Parent A was not happy. LauraMarie did not ask for help with Child A. She was not in the meeting with Parent A and Parent B.
On August 13, 2025, CI Jackie Ruth received a voicemail from Anna that stated she spoke to LauraMarie who consulted with a paralegal, and he told her that she could only use the hug technique if she is trained and the child is endangering himself or other children. Anna said that it does not change the fact it is not in their parent handbook to use this technique, but LauraMarie is trained to use the hug technique appropriately and it does not hurt the child in any way.
On September 3, 2025,CI and CIS Marla Chrisco conducted an interview via phone with LauraMarie Olesnicki. LauraMarie stated that the incident started with Child A tackling another child in the class and then he began to run around the room, under tables and underneath the teacher desk. She attempted to have Child A sit in a two-minute timeout and Child A would not remain in the timeout. After multiple timeout attempts without success, she had Child A sit in her lap, unrestrained, while she counted down from 10 to help him calm down. Once she let Child A down, he began to run around the room again so she repeated the process in her lap, counting down from 30 this time. When she let him down, Child A repeated his behaviors so she had him sit on her lap a third time to count down. This time, while in her lap, Child A attempted to pinch and bite her so she held his arms down in a "bear-hug" hold. She stated that she would only use a bear-hug technique as a last resort and only to prevent a child from hurting themselves, others, or destroying property. She was especially concerned about Child A hurting another child in the classroom who was in a leg cast. She is a certified teacher with 30 years of experience and has participated in numerous trainings on how to handle children with challenging behaviors or developmental conditions. She believes that all criteria were met for her to use the bear-hug technique. She stated she has never used this technique with other children and this was the first time using it with Child A. She stated that the teachers at the facility are not given support for children with difficult behaviors. She was told by Anna Popova not to send Child A to the office as she had in the past because it would be rewarding the behavior and Child A needs to learn how to behave in the classroom.
|