• Violation

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

  On 03/03/2023, the department received an incident report from the facility. The report stated, Child A (14-year-old, female) was sent upstairs to put away the basketballs and Child B (15-year-old, male) was signed out and dismissed to go home. After five minutes, child care staff member (CCSM) 1 followed upstairs and found Child A and Child B engaged in a sexual act. Child A was bent over a desk and pants were pulled down. On 03/06/2023, I completed an onsite inspection at Duke Ellington Elementary. I interviewed Victoria Myles, program director. Ms. Victoria said on 03/02/2023 at 5:40 p.m., she received a telephone call from, CCSM 1 making her aware of an incident 21st that had just occurred involving two children in a sexual act at the Century after- school program located inside Duke Ellington School. Ms. Victoria said she immediately headed over to the facility as she was on the phone with CCSM 1, discussing the details of the incident. Ms. Victoria asked CCSM 1 if Child A could hear her over the phone. CCSM 1 confirmed that Child A was able to hear her over the speaker phone. Ms. Victoria asked Child A what made her, and Child B think that was okay for them to do? Child A told Ms. Victoria that she and Child B talked about liking each other and had conversations about sex. Ms. Victoria said she told Child A that 8th grade is too young and a school is not the appropriate place. She also told Child A that she would have to tell her father upon him picking her up. Ms. Victoria said she then called Child B's parent to ensure he made it home then she told Child B's Mother about the incident and how he ran off before she could hear his side of the story. She told Child B's Mother that due to the nature of the incident; he could no longer be in the program. Ms. Victoria said she then contacted her district director; Carla Chinavare and she instructed her and CCSM 1 to write statements about what they observed. Ms. Victoria then contacted the principal of the school. On 03/06/2023, while onsite, I interviewed CCSM 1. She said on 03/02/2023 at approximately 5:30 p.m., she asked Child A to return a basketball upstairs to the media center. Immediately following the directive, she gave to Child A, CCSM 1 signed out Child B. The attendance sheet indicated that the time of sign out for Child B was at 5:35 p.m. CCSM 1 said Child B walks home every day. CCSM 1 said she usually signs him out, he leaves the building, and he walks home. At 5:35 p.m., CCSM 1 signed out her last child and walked her to the door to exit the building. CCSM 1 went upstairs to get Child A who she sent to return the basketball. CCSM 1 wanted to prepare to lock up for the evening and wait for Child A's parents to arrive. When CCSM 1 walked upstairs towards the media center, she saw Child A and Child B engaged in a sexual act in which Child B had Child A bent over a desk with her pants slightly pulled down. CCSM 1 immediately went in the media center. Child B ran out of the media center before she could address him about the situation. Child A began to cry as Child B hurriedly left. CCSM 1 immediately spoke to Child A about the inappropriateness of what just occurred. CCSM 1 immediately called program director, Victoria Myles and they both talked to Child A over the phone. Ms. Victoria headed to the facility while talking to Child A 5 and CCSM 1. She instructed CCSM 1 to call Child A's parent. At approximately 5:45 p.m., Ms. Victoria arrived at the facility, and Child A's parents arrived moments following. Ms. Victoria and CCSM 1 discussed the incident with Child A's parents. They appreciated being informed and left the facility. On 03/06/2023, I received written statements via email from Ms. Victoria and CCSM 1. Their written statements aligned with both face-to-face interviews. On 03/08/2023, 03/21/2023, 04/18/2023, and 05/09/2023, I attempted to contact both Child A's and Child B's parents to discuss the incident. I have been unsuccessful on each date, not being

Two children were upstairs alone and engaged in a sexual act where their pants were pulled down. 4

Disposition: Substantiated