591-1-1-.32(7) · Rule 591-1-1-.32(7) requires that children shall be supervised at all times appropriate to the individual age, needs and capabilities of each child. Such supervision must include, but not be limited to, indoor and outdoor activities, mealtimes, naptime, transportation, field trips, and transitions between activities. "Supervision" means that the appropriate number of Staff members are physically present in the area where children are being cared for and are providing watchful oversight to the children, volunteers and Students-in-Training. The persons supervising in the child care area must be alert, positioned to maximize their ability to hear and see the children at all times, and able to respond promptly to the needs and actions of the children being supervised, as well as the actions of the volunteers and Students-in-Training, and provide timely attention to the children's actions and needs. Staff shall be attentive and participating with all children during mealtimes and shall be seated within an arm’s length away from children thirty-six (36) months of age and younger.

During an investigation, it was determined that on April 17, 2023, children were not adequately supervised when a one-year-old child was alone and unsupervised on the center’s toddler playground for approximately four to five minutes. The one-year-old child’s parent arrived at the center to pick up the one-year-old child and observed the one-year-old child alone on the playground. The parent retrieved their one-year-old child and informed the center’s management about the incident. The staff persons in the classroom were not aware that the one-year-old child had been left alone on the toddler playground. The one-year-old child did not sustain any injuries.

Open Not marked corrected in the state record

Open / not marked corrected.

591-1-1-.11(2) · Rule 591-1-1-.11(2) requires that personnel shall not: physically or sexually abuse a child or engage or permit $299.00 others to engage in sexually overt conduct in the presence of any child enrolled in the Center; inflict corporal/physical punishment upon a child; shake, jerk, pinch or handle a child roughly; verbally abuse or humiliate a child which includes, but is not limited to, the use of threats, profanity or belittling remarks about a child or his family; isolate a child in a dark room, closet or unsupervised area; use mechanical or physical restraints or devices to discipline children; use medication to discipline or control children's behavior without written medical authorization issued by a licensed professional and given with the parent's written consent; restrict unreasonably a child from going to the bathroom; punish toileting accidents; force-feed a child or withhold feeding a child regularly scheduled meals and/or snacks; force or withhold naps; allow children to discipline or humiliate other children; or confine a child for disciplinary purposes to a swing, highchair, infant carrier, walker or jump seat.

It was determined during a complaint closure on April 28, 2021, that at least for the months of January, February and March 2021, center staff put four and five-year-old children in a bathroom for an undetermined period of time as a form of discipline. Staff stated that the use of placing children in the bathroom was intended to allow the children to “calm down”. Children interviewed confirmed that they were told to go to the bathroom by staff and the door was closed. Children also indicated that if the light was off, they were able to turn the light on. Children confirmed that they experienced feelings of fear and anxiety when isolated in the bathroom.

Open Not marked corrected in the state record

Open / not marked corrected.