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Compliance Inspector (CI) investigated the allegation that on May 12, 2026, Child A (18-months-old) was diagnosed with a concussion after falling from playground equipment at the facility. Parent A feels Child A wasn't being supervised while on the playground equipment. This allegation is substantiated based on the following rule violations:
5 CSR 25-500.092(3)(B) which states: "Outdoor equipment shall be provided for the ages and number of children in care to meet their physical and developmental needs."
AND
5 CSR 25-500.182(1)(D)1. which states: "Infants and toddlers shall have constant care and supervision. Home monitors or commercial devices marketed to reduce the risk of Sudden Infant Death Syndrome (SIDS) shall not be used in place of supervision while children are napping or sleeping."
AND
5 CSR 25-500.102(1)(E) which states: "Caregivers shall have knowledge of the needs of children and shall be sensitive to the capabilities, interests, and problems of children in care."
On May 13, 2026 Parent A said that she was contacted by caregiver Jessica Britt telling her that Child A had been injured. Jessica told Parent A that Child A's injury was posted on Brightwheel but Parent A stated that she was busy and didn't see the post. Parent A arrived at the daycare around 3:20 p.m. and was told that Child A was trying to get on the swing and something fell on her. Then she was told that Child A fell off the equipment outside. Parent A took Child A to the doctor and it was determined that Child A had a concussion. Child A had visible marks on her face from falling on the pea gravel.
On May 14, 2026, director Ashley Parker said she was not working on May 12, 2026 but found out about the injury to Child A after Jessica called her letting her know about it. Ashley said she called Parent A while she was on her way to the daycare. Ashley arrived between 3:20 p.m. and 3:30 p.m. and Parent A was already there. Ashley said that Child A is able to climb up and down the equipment by herself . She was sitting on the platform of the climber and Chelsey, her caregiver, was sitting with another child. Ashley said Chelsey saw Child A stand up and start to fall but didn't get to Child A quick enough. Chelsey took a photo of Child A's injury and posted it on Brightwheel. Child A's face was bruised and scratched from the pea gravel but she did not lose consciousness or fall asleep.
Caregiver Lesia Dismukes said that she was inside with her class when she heard Parent A screaming "my baby is F'd up" from outside. When she saw Child A, she had band aids on her head but was not crying.
Caregiver Jessica Britt stated that she was the one to contact Parent A. Jessica was at home and received a call from Chelsey at 3:15 p.m. that said Child A got hurt on the playset. She asked Chelsey if Child A was okay and Chesley said yes. She had instructed Chelsey to do an accident report and contact Parent A and Chelsey said that she had already done that. Jessica texted Parent A at 3:15 p.m.
Caregiver Chelsey Norton, stated that she was outside with Child A and one other child. Child A was sitting on the steps on the climber while she was sitting on the concrete area with the other child. She guessed Child A tumbled but she didn't see what actually happened until Child A had already fallen. She ran over to Child A and saw her face then sent a message to Parent A on Brightwheel. She then texted Jessica to let her know what happened. She took Child A inside and cleaned up her face. Child A had a spot above her eye and another one above that. Child A walks and climbs by herself. Child A climbs up the climber by herself. Chelsey said all the babies use all the equipment that is outside.
On May 13, 2026, CI Graham observed exit paperwork from Arkansas Methodist Medical Center dated 5/12/2026 for Child A which stated: Principal Diagnosis: Concussion. Unknown whether a loss of consciousness occurred.
On May 13, 2026, CI Graham observed a text message from Jessica Britt, caregiver to Parent A timed at 3:15 p.m.
Jessica: "Hey Child A was sitting on the playground thing and flipped down and hit the side of her face I let her momma know" (this was a text that Jessica had received from Chelsey, caregiver)
On May 14, 2026, CI Graham observed an accident/injury report written by Chelsey Norton and it stated the following:
"Child A was sitting on the playground thing where the steps are and all of the sudden she flipped off and hit the side of her face. Scraps on her face."
The time of incident was 3:11 p.m.
The report listed Ashley Parker and Jessica Britt in charge, however, neither caregiver was present at the time.
On May 14, 2026, CI Graham observed a statement form written by Ashley Parker which said the following:
"Parent A's daughter, Child A was outside sitting on top of the swing set by the slide she lost her balance and fell forward. The mom was notified the parent arrived and was cussing really loud in front of children and other parents being very rude and disrespectful. To my employee Chelsey Norton. Chelsey followed procedures by contacting via Brightwheel with pictures and incident report."
On May 14, 2026 CI Graham located the operating instructions on the side of the wooden climber that Child A (18-months-old) fell from. It stated the following:
"This swing set is intended for children ages 3 to 10."
CI Graham measured the distance from the top of the platform to the pea gravel and the fall distance was approximately 44".
5 CSR 25-600.020 (1) which states: "Prior to the employment or presence of a child care staff member in a licensed, regulated, or registered child care facility not exempted by section 210.1080.13, RSMo, the child care provider shall request the results of a criminal background check for such child care staff member from the department."
During the investigation, CI Graham reviewed caregiver files and it was noted that Leisa Jordan, caregiver was hired on March 23, 2026 but had not completed the facility orientation. The facility had not requested a criminal background check for Leisa.
5 CSR 25-500.102(2)(A)5. which states" "In the absence of the center director or group child care home provider, another responsible individual shall be designated to be in charge of the facility."
On May 14, 2025, Jessica Britt and Chelsey Norton, caregivers said that they were not sure who was in charge on the afternoon of May 12, 2026. Ashley Parker, director was not present and said that when she is not there then Tonya Anthony is in charge but Tonya had already left for the day.
5 CSR 25-500.082(6)(B)1. "Outdoor play space for infants and toddlers shall be separate from that used for older children or the same space shall be used at different times. (This rule does not apply to group day care homes with a maximum of four (4) infant/toddlers or to day care centers licensed for a maximum of twenty (20) children, including no more than four (4) infant/toddlers."
On May 13, 2026, Parent A said that she has seen Child A, age 18-months-old outside with the older children on the playground.
On May 14, 2026, Jessica Britt, caregiver said that the infants and toddlers have mixed with the older children on the playground.
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