Immanuel Lutheran Preschool

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

On 07/31/2023 I received an incident report from the program director Kathryn Tyvela at Immanuel Lutheran notifying me that Child A had been taken to the emergency room for a broken right arm which included her radius and ulna. Child A was outside playing and attempted to do a cartwheel off the top of a "Little Tykes" blue and yellow children's size picnic table. I interviewed Child A's mother by telephone on 08/01/2023 as a routine follow up after receiving the incident report. Child A's mother was notified immediately by the program director, Mrs. Tyvela, of Child A's injury and her need for medical evaluation and treatment. Child A's mother is satisfied with how the center provided Child A with first aid and notified her. Child A is a bit of a "dare devil" and Child A's mother does not think anything could have been done differently to prevent the accident. Child A's mother believes Child A was being provided with appropriate care and supervision based on how quickly she was notified and how well she knows Child A and what Child A told her about the time Child A attempted to do a cartwheel off a Little Tykes picnic table breaking her right ulna and right radius. Child A is scheduled for surgery on 08/02/2023. Child A has hopefully learned not to try to do tricks like that on the playground. On 08/02/2023 I initiated the investigation onsite with the program director, Kathryn Tyvela. Upon arrival I observed four child care staff members escorting a group of 19 school aged children through the parking lot to a walking field trip off site. I requested a copy of Child A's child information card, attendance, and staff time cards for 7/31/2023. Mrs. Tyvela and I verified Child A was on the playground with two child care staff members, Emily Petro and Alexis Pace and 15 children, between the ages of five and nine years, including Child A. The two child care staff members who were working with Child A at the time of her injury were not immediately available to be interviewed due to being off site on a field trip. Mrs. Tyvela and I walked to the playground, and I viewed the scene. The picnic table that Child A had done a cartwheel off of measured 19 inches tall from the table top to the ground. At the time of the injury the picnic table was placed between two different play structures on a grassy, shaded area with no equipment or ground surfacing. Child care staff members (CCSM) Alexis Pace and Emily Petro were outside supervising the children at the time of the injury. Alexis Pace brought Child A to Mrs. Tyvela's office to report the injury and insist that Child A's mother be called. Child A presented as pale and quiet; she was not crying but it was apparent that she was in pain. Child A was provided with an ice pack and some cold water to drink while she waited to be picked up. Mrs. Tyvela called Child A's mother and notified her of the emergency need for Child A to be picked up. On 08/11/2023 I attempted to interview Ms. Pace and Ms. Petro by telephone. I was unable to reach Ms. Petro; a message was left asking that she return my call. I was able to interview Alexis Pace by telephone regarding the injury to Child A on 7/31/2023. Ms. Pace recalls that she had her cell phone out and was playing music 3 for some of the children who were dancing. About half of the children were playing on a play structure under the direct supervision of CCSM Emily Petro. Ms. Pace said Child A was dancing one minute and climbing on the table and doing the cartwheel the next. Ms. Pace saw Child A climb on top of the table, and before she could tell her to get down for demonstrating unsafe behavior, Child A "went for it" and fell while trying to do a cartwheel off the top of the Little Tyke's picnic table. Ms. Pace was nearby and saw Child A fall on her right arm. Ms. Pace knew Child A had seriously injured herself and she immediately notified the other child care staff member of the injury and the need to take Child A to the office. Ms. Pace got Child

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R 400.8143 · R 400.8143 Children's records. (2) Child information cards must be reviewed and updated by parents at least annually and when the center becomes aware of chanaes.

Mrs. Tyvela failed to ensure child information cards were reviewed and updated annually as Child A's child information card was last reviewed and updated by Child A's mother on 06/21/2022.

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R 400.8140 · R 400.8140 Discipline. ....................................... ........ (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.

On 11/06/2020, I spoke with Ms. Tyvela, program director. On 10/30/2020, Ms. Torres, child care staff member was caring for six children by herself. Later in the evening, minor household member (MHM)1 (female, 3.5 years) told her Ms. Torres spanked Child A during nap time because she would not go to sleep. Ms. Tyvela describes Ms. Torres as being a loyal employee, and has never conducted herself in an inappropriate way. She trusts that Ms. Torres didn't do it but had to report it. Ms. Tyvela spoke with Child A's father about the incident, who stated he believes Ms. Torres would never spank Child A. Child A's father reports that Ms. Torres does not spank Child A while at home. Ms. Tyvela states it's not in Ms. Torres's character to spank Child A as she is reliable and the children in the classroom love her. She has never had a complaint like this before. On 11/09/2020, I met with Ms. Tyvela on-site. She reiterated that she has not had any problems with Ms. Torres as a child care staff member in the past. She spoke to 2 both Child A's father and Ms. Torres and feels confident that the incident didn't happen. I spoke to Ms. Torres, child care staff member, while on-site. She denied spanking Child A. She denied the allegation and said she has never spanked Child A. On 10/30//2020, Child A did not want to go to sleep, although she was extremely tired. She started screaming and fighting laying down on her cot. She took Child A to the bathroom so she wouldn't disrupt the rest of the children and just tried to talk to her as well as calm her down. After a while, Child A was fine. She did not threaten or spank her. Normally, she uses discussion, sending her to an area to calm down as a means of discipline. I received a copy of the attendance sheet for 10/30/2020, which confirms six children were present on that day. On 12/30/2020, I spoke with Child A's father. He says he is confident that Ms. Torres did not spank Child A. Ms. Torres does not utilize spanking with Child A while at his home and they do not use spanking in the home as a means of discipline. They utilize time out and allowing Child A to go to another space in the home to calm down.

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