• Violation

  R 400.8125 · 1 R 400.8125 Staff; volunteer; requirements. (1) All staff and volunteers shall provide appropriate care and supervision of children at all times.

  On 01/11/2021, I received a written complaint against the center. The written complaint alleges Ms. Spaulding left the preschool children unattended during nap time one day this past summer. During nap time, Ms. Spaulding usually could be found in her office working or napping or upstairs taking a nap on a couch in Witness 1's office. On the day in question, Ms. Spaulding returned to the classroom for something and caught Child C with his hands around Child B's neck. Ms. Spaulding advised Child Care Staff Member 1 (CCSM 1) and Child Care Staff Member 4 (CCSM 4) of the incident. She instructed them to inform the children's parents at pick up because she was going home for the day. Child B told CCSM 1 and CCSM 4 that Child A put a pillow over his face. Child A admitted to putting a pillow over Child B's face when CCSM 1 and CCSM 4 asked him about the incident. CCSM 1 and CCSM 4 called Ms. Spaulding to inform her of the pillow incident with Child A and Child B. Ms. Spaulding instructed them to talk to all three parents at pick up. CCSM 4 informed all three parents at pick up. Child B's Mother started to cry 3 and indicated that she needed to go home and talk to her husband about the incidents. Child A's, Child B's, and Child C's parents were upset that Ms. Spaulding was not the one to inform them of the incidents considering she is the children's teacher and the center's program director. CCSM 1 and CCSM 4 called Ms. Spaulding to let her know that Child B's Mother was extremely upset. Ms. Spaulding spoke with Child B's Mother. Child B's Mother threatened to disenroll her children from the center if Ms. Spaulding did not disenroll Child A. Ms. Spaulding decided to disenroll Child A. On 01/12/2021, I completed an on-site inspection. I advised Ms. Spaulding that I was investigating an incident that allegedly occurred this past July or August that involved Child A, Child B, and Child C. Ms. Spaulding stated she remembers the day well because she left the center early as she was expecting family for a visit. CCSM 4 called her to inform her that Child A tried to choke Child B. Ms. Spaulding explained that Child A had a serious background at the center with aggressive behaviors. She immediately called Child B's Mother to inform her of the incident, in the day, Child B's parents called her back, more upset than the previous phone call. They demanded that Child A be disenrolled from the center. Ms. Spaulding turned to her mentor, Witness 1, for advice. Witness 1 works for the church in which the center is located and was familiar with Child A's aggressive behaviors. Ms. Spaulding considered Child A's history of aggressive behaviors, the current incident with Child B, and the fact that Child A was to start kindergarten the following week in her decision to disenroll Child A from the center. Child B's family previously left the center on bad terms with the former program director, so it was important to her that Child B's parents decided to return to the center under her supervision. It is important for her to "do right" by this family. I advised Ms. Spaulding the complaint alleges that Child C is the one who choked Child B and that she walked in the classroom and caught Child C with his hands around Child B's neck. I asked her if she was positive it was Child A who choked Child B. She stated, "I think it was [Child A]." She denied being at the center when the choking incident occurred. She denied knowing anything about a pillow incident. She did not stay to speak to Child A, Child B, and Child C's parents because she had no knowledge of the incidents until after she left. She denied leaving the children unattended for any reason, to nap or otherwise. She speculated that perhaps one day someone saw her laying on the couch in Witness l's office upstairs in the church and assumed she was taking a nap. She was not napping, but rather chatting with Witness 1 at the time. I asked who was caring for the children when she was visiting Witness 1. S

In July or August of 2020, Program Director Elena Spaulding left the preschool children unattended during rest time to take a nap in her office. In her absence, Child C choked Child B and Child A put a pillow over Child B's face. On 01/08/2021, Ms. Spaulding allowed the children to use a bounce house at the center.

Disposition: Substantiated

on 1010112020, Child A } sustained a broken, while in care. On 10/05/2020 and I conducted onsite interviews at prigs N Sprouts with program FirenctoMr s. lena Spaulding, infant room staff member CCSM 2, and lead toddler caregiver CCSM 3. Ms. Spaulding was surprised to learn that only one of Child A's was broken because on 10/02/2020, Child A's Mother told her that ■ had NO She stated that on the evening of 10/01/2020, Child A's Mother sent her an email letting her know that they were taking Child A to the emergency room because ■ was in a lot of pain. Child A's Mother questioned if anything out of the ordinary happened to Child A while was in care that day. Ms. Spaulding called infant room staff member CCSM o ask her if she knew of anything that could have caused Child A's distress. CCSM 1 told her that Child A was kicking more than usual that week, but nothing seemed wrong with ■ that day. Child A's Mother called Ms. Spaulding on the way home from the hospital that night to tell her it was a false alarm and that doctors said there was nothing wrong with Child A. was Child A's_ so Ms. Spaulding sent Child A's Mother a text saying Child A's Mother texted her back and told her that they were at the doctors Rice in Bellaire awaiting x-ray results. A few hours later, she called Ms. Spaulding and very calmly told her the x-ray results said that Child A had two Child A's Mother also mentioned that CCSM 1 reached out to her via text message that evening. Child A's Mother said that they were heartbroken, and Ms. Spaulding could tell that she was crying. Ms. Spaulding stated, "I was emotional and crying too. I told her I would start paperwork and keep in communication.': Ms. Spaulding stated that the week of 09/28/2020 was Child A's in care at the center and airs week in care with CCSM 1. During Child A's CCSM 2 acted the primary child care staff member in the infant room. Child A stayed home sick during what would have been in care. -typically attended the center three days a week. Ms. Spaulding described Child A as a fussy baby, noting that she and CCSM 2 struggled with soothing At first, Ms. Spaulding thought CCSM I had "the magic touch" with Chi . Then on Thursday 10/01/2020, Child A had worst day ever and was not . Ms. Spaulding did not see Child A during ro off on 10/01/202 e usually come in hearsR because is an emotional child who struggles with separation anxiety. Ms. SpauldinRipically works in the preschool room until 11:00 AM and then she always checks on the infant room and the toddler room staff to see how their morning is going. The morning of 10/01/2020 was an ordinary day. She did not hear CCSM 1 yelling or see behavior from CCSM 1 to indicate that she was having a bad day when she checked on her around 11:00 AM. CCSM 1 did not say anything about Child A being fussy that morning. She asked CCSM 1 if she wanted a break or needed anything from her. CCSM 1 told her everything was good, and she did not need anything. A little after 12:00 PM, CCSM 1 called the intercom phone and said, .,1 -year 1 "My changing table broke from [Child B -old, female)] jumping on it. I can't believe it broke." Ms. Spaulding went to tth e infant room to look at the changing table, then moved it into the hallway. CCSM 1 told her that during a diaper change, Child B jumped on the changing table and broke it. Ms. Spaulding did not think anything of it at the time, other than being a bit surprised that it broke because it was a new changing table. Between 12:15 PM and 12:30 PM, Ms. Spaulding went into the E infant room again. Child A was sitting on the floor and appeared content. Ms. Spaulding placed Child A on her lap, but feet did not touch the floor. Child A was not crying or fussing and did not appear to be in pain. Later that day, Ms. Spaulding saw a Brightwheel notification from Child A's Mother responding to CCSM 1 who sent her a message telling her that Child A was extremely agitated. CCSM 1's message asked Child A's Mother when she planned t