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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
5/5/2026 12:00:00 AM
DVN
000606197
Facility Name
MARILYN'S DAY CARE
Facility Address
1526 INDEPENDENCE ST
City
CAPE GIRARDEAU
Zip Code
63703-6025
Phone
(573) 334-8272
County
CAPE GIRARDEAU
Assigned Specialist
GRAHAM, JESSICA
Rule/Statute Violation(s)
ViolationViolation Description
5 CSR 25-500.042(18) The number and ages of children a group child care home or child care center is authorized to have in care at any one (1) time shall be specified on the license and shall not be exceeded except as permitted within these rules.
Conclusion Summary
Compliance Inspector (CI) Jessica Graham investigated the allegation that on May 5, 2026, Fire Inspector, Mike Massey was at the facility conducting an inspection. He observed 27 children, including 4 children under 2- years-old. There was one staff member with the 4 infants and caregiver Marilyn McFerron was present with the other children. The facility is only licensed to care for a total capacity of 20 children at one time. This allegation is substantiated based on the following rule violation. 5 CSR 25-500.042(18) which states: "The number and ages of children a group child care home or child care center is authorized to have in care at any one (1) time shall be specified on the license and shall not be exceeded except as permitted within these rules." On May 12, 2026, Marilyn McFerron stated that she was not over her allowed limit of children on May 5, 2026. She was present with caregiver Nancy Walker, who had the four children under age 2-years-old and Marilyn and Lexi, caregivers were present with the remaining children. Marilyn had a family member that was visiting during that time who also had her three nieces and nephews with her. Marilyn said that Fire Inspector Mike Massey did not mention to her that he thought she was over her numbers or she would have told him at that time what was going on. On May 12, 2026, Compliance Inspector (CI) Jessica Graham observed Nancy Walker, caregiver, with four children ages 4-months-old to 12-months-old and Marilyn McFerron and Lexi, caregiver, with four children ages 2-years-old and twelve children ages 3-years-old to 5-years-old. CI Graham also observed attendance for May 05, 2026 and four staff were present with 20 children. Three nieces and nephews where also present with their parent at the time of the inspection from the Fire Inspector but they are not part of the daycare and were just visiting and were not on the attendance. On June 11, 2026 Fire Marshall Mike Massey stated that he counted the children several times during his inspection and counted twenty seven children total. He only observed Marilyn and one other female caregiver at the time. He said he did not talk to Marilyn about the ratios as this is not typical practice during his inspections.
Corrective Measures
Corrective MeasureCompleted (Y/N)Completed Date
The facility shall notify all caregivers (paid employees and paid or unpaid volunteers) of the violations which were substantiated and specify the actions to be taken by all caregivers, in order to comply with all violations cited. A copy of the memo, letter, or meeting agenda shall be submitted to the Office of Childhood. Y 9/17/2026 12:00:00 AM
Disposition
SUBSTANTIATED
Disposition Date
7/2/2026 12:00:00 AM
Approving Supervisor
CHRISCO, MARLA L