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. 4

The center self-reported an alleged incident on 05/27/2022. The report alleged that Child Care Staff Member (CCSM) Denise Jackson allegedly hit Child A (2-year-old, male). I conducted an on-site investigation on 05/31/2022. Upon my arrival, I interviewed the Licensee Designee, Celina Byrd. She said she was never informed that a teacher allegedly hit a child but was informed that a teacher heard Child A say "ow". The information was shared that CCSM, Elizabeth Cornwell said she heard something, but never saw anyone touch Child A. I interviewed CCSM, Elizabeth Cornwell. She stated that she was in a classroom next door to the room that Child A was in. There is a bathroom that separates the two rooms, and she can look into the other classroom. She stated that after lunch on 05/27/2022, she heard CCSM Ms. Jackson say to Child A. "That's why you don't do that to Ms. Jackson." She did not see Ms. Jackson touch Child A, she only saw Child A crying and said "ow". Ms. Cornwell, stated that she said out loud, "that's kind of concerning, not sure what I just saw." She told CCSM, Alex Purdy what she had seen and explained that she did not see Ms. Jackson hit or touch Child A. She 2 later found out that Ms. Purdy texted another staff member, then that staff member texted another staff member and from there, her statement was blown out of context. Ms. Cornwell stated she asked Ms. Byrd the next day if she could speak to her regarding the statements that were being made. She wanted to be clear that she never stated she saw Ms. Jackson hit Child A. I interviewed CCSM Alex Purdy. She said Elizabeth Cornwell stated, "I just saw something." She went on to say that Ms. Cornwell said she heard Child A say, "ouch that hurt". Then the teacher said, "I wouldn't have to do that if you act straight". She also stated that Ms. Cornwell stated, she was not going to say anything because she did not actually see anything. Ms. Purdy said she tried to find the school principal, Ms. Verna, but she could not find her so then she texted CCSM, Ailayh Harbough who was in another classroom and told her a "hypothetical situation without using names". I asked Ms. Purdy why she took this action, and she stated, "it was personal to me." I called Ms. Ailayh Harbough, as she was not present at the time of the on-site inspection. She stated she received a text from Ms. Purdy about what allegedly happened. She said she told Ms. Purdy that she should report the information to Ms. Sydney Varner, the program director. In the meantime, she decided that since she had been involved in a similar situation with her child at a daycare center, she felt that Child A's Mother should know, so she texted her and told her. Child A's Mother also works at the center. I interviewed Child A's Mother, who is also a CCSM at the center. She stated that Ms. Harbough told her that Ms. Jackson had either pinched or hit Child A on his arm and he had said "ouch that hurt". She was told that Ms. Jackson then was heard saying, "it wouldn't hurt if you did what I told you to do". She said she took Child A home and asked him "Did the teacher hit you". He said yes and touched his hand by the wrist area. She reported she understands that Child is very active and felt that if he was acting out, the teacher could have called her to assist with him. Child A's Mother stated that she did not see any marks or bruises anywhere on Child A. She left and went on break and when she returned, she was confronted with the information. She did feel that things should have been handled better. She had no prior concerns about the treatment of Child A in the classroom. After interviewing the involved staff members, I spoke to Ms. Byrd to request the contact information for Ms. Jackson and the assistant, Ms. Tamara Anderson. She reported that both teachers quit the same day after all the allegations were made. She said things were not handled properly which contributed to both CCSM leaving the facility. It appears that the a

Open Not marked corrected in the state record

Category: recordkeeping. Open / not marked corrected.

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 2/7/2022, I conducted an unannounced inspection at the Child Care center. I interviewed CCSM, Lisa Brady. She stated she observed CCSM Ms. Davis "tap" Child A on the forehead. Ms. Brady described as Ms. Davis having an open hand with the palms facing up. She used two knuckles and tapped him on the forehead two times in quick succession. She stated Child A did not cry or appear to be upset. She stated he did not react at all. She stated she told Ms. Davis she could not do that. Ms. Davis just looked at her and walked out the door. I interviewed the program director Sydney Varner. She stated because Ms. Brady filed a complaint Ms. Davis was placed on leave until the agency finished their 2 internal investigation. Ms. Davis is a good employee and there have been no complaints about her. The agency's compliance team was doing the investigation and she did not have any further information. Ms. Varner informed Child A's Mother of the allegations. She asked what happened but did not have any other concerns. I interviewed licensee designee Ms. Byrd she stated this is a matter of cultural differences. Because this is a very diverse center both in children and staff, they have had training on cultural differences. She felt like this issue could have been resolved if the complainant had addressed the issue internally, with her or Ms. Varner. On 2/8/2022, I interviewed Ms. Barbara Davis by telephone. She stated she did not use physical discipline or hit Child A. She stated Child A was giving Ms. Brady a hard time about transitioning to a new classroom. He came to her, and she tapped his forehead and told him to "stop being mean." She was doing nothing more than getting his attention. She stated CCSM, Ms. Brady must have thought she saw something else because she then said, "You can't do that." Ms Davis stated there are cultural differences between the two of them, which effects how they communicate with the children. She stated the center even did a training on this topic. Ms. Davis stated she was hurt that Ms. Davis would make this compliant against her. On 2/18/2022, I contacted Child B's Mother and Child C's Mother. Neither parent had any concerns about the care and supervision of their children at the center. I attempted to contact Child A's Mother on 2/8/2022, 2/11/2022. She has not replied to my request for a call back.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R400.8140 · R400.8140 Discipline (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment.

Ms. Davis did not use a prohibited form of punishment toward Child A.

Open Not marked corrected in the state record

Open / not marked corrected.