Crestwood Early Childhood Center

R 400.8201(2)(e) · R 400.8201(2)(e) Comprehensive background check; fingerprinting. (2) An applicant or licensee shall do all of the following: (e) Complete and maintain the connection, disconnection, or withdrawn status of each individual associated with the license within the department's child care background check system. Bureau

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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 0512512023, 1 called Child A's Father to discuss the allegations. He stated that Tuesday, 05123/2023, when they were driving home from T-ball Child A told his sister that child care staff member (CCSM) I threw Child A on his His sister then got Child A's Fathers attention. Child A's Father said that once they got home, he asked Child A a series of questions. He asked when CCSM 1 threw you, what did you do?" Child A didn0answer. He asked Child A said He asked, Child A replied He asked him Child A replied, but she does it to me all the time, s just weir s Father stated that he specifically named another student Child Br male) as someone that this happens to. Child A's Father said that he talked to his wife, Child 2 A's Mother, who was out of the country. She called the CCSM 3. The program director reached out to Child A's Father and set up a meeting on 5/24/2023 at 3:30 p.m. Child A's Father said that he had not taken Child A to the hospital yet to get checked out and that he was not calling the police to press charges. Baptist Church. While onsite we met with Program Director/Licensee Designee Emily Ancinec and Assistant Superintendent Dr. Linda Lazar and we interviewed CCSM 2, CCSM 3 and CCSM 4. Ms. Ancinec and Ms_ Lazar had already set u a meeting with Child B and his parents for later in the day. They agreed to allow = and I to sit in on the meeting. Ms. Ancinec stated that Child A's Mother contacted CCSM 3 regarding the incident. She is not sure what Child A's Mother said to CCSM 3 but once she was made aware of the conversation, she called Child A's Father. Child A's Father walked Ms. Ancinec though the conversation he had with Child A. She asked to schedule a meeting with him at the school. At the meeting on 0512412023, Child A's Father asked Ms. Ancinec to leave the room so she was unsure what Child A and Child A's Father said during the meeting. Ms. Ancinec stated the CCSM 1 was never left alone in the classroom. There were 15 children present that day and there were always two CCSM's in the room. CCSM I comes in to cover breaks for the lead and assistant teacher. There was a sub in the classroom that day, CCSM 4, and she was subbing for CCSM 3. Ms. Lazar, who was present at the meeting with Child A and Child A's Father, walked us though what happened on 0512412023 during the meeting. She stated that she tried to ask Child A some low risk questions like "what's your favorite color?, but Child A wanted his Child A's Father to speak for him. Child A's Father kept asking very specific closed ended questions similar to what he had asked him when he first found out about the incident. They then walked down to the classroom and Child A showed everyone where his cot goes at rest time. They asked, and he walked to the center of the classroom. When asked if anyone saw him, Child A stated, "Child B, Child C and Child D Ms. Ancinec stated that Child D, who is a male was and would not be able to say if he saw anything. Child C is a female. The school had decided not to contact the family yet. They wanted o see what Child B shared first. During on onsite visit, and I sat in on an interview with Child B and Child B's Mother Wsa r. Dr. Lazar asked a series of low- risk general questions as well as questions related to being at school and his interactions with his teachers. During the interview, no proof of any inappropriate actions was found during the interview. It was later discovered through Child B's Father and confirmed with attendance records, that Child B was not present the days of the alleged incident. 3 We then interviewed CCSM 2, CCSM 3 and CCSM 4. CCSM 3, who is the assistant teacher in the classroom, said that Child A's Mother called her late on Tuesday, 05/2312023, around 8:47 p.m. she asked about CCSM 1 and if it was true that she worked in the classroom. She said that Child A said that CCSM 1 Child A's Mother told CCSM 3 thatshe could not tell if Child A was lying or not. CCSM 3 also shared with us that Child A has

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R 400.8125 · R 400.8125 Staff; volunteer; requirements. .. ................................................................................................................................................................................................................................ (2) All staff and volunteers shall act in a manner that is conducive to the welfare of children. .....................................................................................................................................................................................

Based on interviews with staff members and the interview with Child A, all staff members acted in a manner that was conducive to the welfare of children in the classroom.

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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 4/5/2022, conducted an unannounced onsite inspection at the facility. I interviewed program director, Emily Ancinek. She provided me with statements in writing. Ms. Ancinek said, on the afternoon of 3/23/2022, Ms. Alawie stopped her in the hallway to report an incident she had just witnessed. Ms. Alawie stated that she saw CCSM, Eric Nogalski walking down the hallway towards the gym with Child A. Mr. Nogalski was grabbing the back of Child A's neck. Child A was shrugging his shoulder to try and remove Mr. Nogalski's hand. Ms. Alawie told Ms. Ancinek that she looked at Mr. Nogalski and put her hands up in a way of saying what are you doing. Mr. Nogalski let go of Child A and they both entered the gym. Ms. Ancinek and Ms. Alawie both checked Child A for marks or bruising around his neck. Neither of them observed any bruising on Child A. Ms. Ancinek spoke with Child A's Mother on the day of the incident while she was there to read to the children. She informed her that Child A ran out of the gym to Mr. Nogalski and he walked him back to the gym. She did not mention the allegations to Child A's Mother due to contacting licensing. After speaking with Mr. Nogalski, Ms. Ancinek does not have any concerns regarding Mr. Nogalski's care of children. He has been employed with the center for many years and has no complaints. Mr. Nogalski was placed on leave for two days after the allegation was made. Ms. Ancinek said Child A asked about Mr. Nogalski's whereabouts while gone and wanted to know what he did. On 4/5/2022, I interviewed Mr. Nogalski. He said he and Ms. Alawie were in the gym together with their class. Mr. Nogalski left to use the restroom. He was gone for no more than five minutes. Child A left the gym following behind him. Ms. Alawie was standing by the door as they were heading back to the gym. Child A has run out of the gym in the past and Mr. Nogalski is the one to bring him back. Child A is a very active child. Mr. Nogalski said he touched the back of Child A's neck and upper back to guide him back to the gym. Child A could have moved away from him easily if he 3 wanted to, as he did not apply pressure to his neck. He never squeezed Child A's neck and he would never hurt any of the children. In his written statement, he said he was coming back from the restroom. Child A ran out to him, and he put his hand up in a stop motion. He asked Child A what he was doing out there and Child A replied he did not know. They were walking back to the gym, and he placed his hand on the upper back neck area to guide him back to the gym. On 4/12/2022, I interviewed CCSM, Victoria Ban. Ms. Ban said she shares Jack and Jill restroom with Mr. Nogalski and she has been outside on the playground with him. She has never heard or observed Mr. Nogalski do anything inappropriate with the children. On 5/10/2022, I interviewed Child A's Mother. She was in the hallway waiting for the children to leave the gym and return to class. She was scheduled to read to the children. Ms. Ancinek saw her in the hallway and informed her that Child A ran out of the gym. She asked Ms. Ancinek if Child A was okay, and she responded he was. Ms. Ancinek informed her that she just wanted to report it to her because it needed to be reported to licensing. She was never informed that Child A may have been grabbed inappropriately. I informed Child A's Mother that these were allegations that are being investigated. She stated that Child A does not like being touched on his shoulders. She would speak with him that night to find out any more details regarding the allegation. On 5/11/2022, I received a call from Child A's Mother. She stated that after speaking with Child A, he informed her of more allegations regarding Mr. Nogalski and it is not sitting well with her. She has contacted an attorney and prefers not to tell me what Child A said to her. I asked permission to interview Child A and she stated that she was not comfortable and would need to speak with her attorney fi

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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.

The allegation regarding Mr. Nogalski squeezing Child A's neck is unfounded. According to Ms. Ancinek, there were no marks or bruising around Child A's neck. Ms. Alawie and Ms. Ancinek checked Child A and there were no marks or bruising to be found. Child A never accused Mr. Nogalski of hurting his neck. Based on interviews and written statements from staff and parents they have never observed inappropriate discipline being used by Mr. Nogalski.

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