591-1-1-.11(1) · Rule 591-1-1-.11(1) requires disciplinary actions used to correct a child's behavior, guidance techniques and $299.00 any activities in which the children participate or observe at the Center shall not be detrimental to the physical or mental health of any child.

It was determined based on investigative findings that a three-year-old child was jerked up by their arm and dragged across the classroom floor by a thirteen-year-old child on September 3, 2021. When the thirteen-year-old child finished dragging the three-year-old child, they then jerked the three-year-old up by the arm and forced the three- year-old down on to a chair.

Open Not marked corrected in the state record

Open / not marked corrected.

591-1-1.32(7) · Rule 591-1-1.32(7) requires that children 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.

It was determined that on September 3, 2021, a Center staff member did not supervise children when the staff person stepped out of the classroom for an undetermined amount of time. During the staff member’s absence from the classroom a thirteen-year-old child dragged a three-year-old child across the floor roughly and then jerked the child up and forced the child onto a chair.