• Violation

  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 October 6, 2022, I interviewed the complainant. On October 4, 2022, she was waiting to pick up a child at Elementary school and was in the back parking lot. She observed Child A, a male child around the age of 3 years, acting out and hitting the child care staff member (CCSM) on the preschool playground. She 2 i •ir- 1 _•- • -• • s- • • I• -i t• r ~ ~~ r '• - -. - - ____ - • • - • -• - • •-- • ! - • • •a • and • f' • • - • _ •' • • - f • i' • i • • • i .•!' '! • playground 1 • f - I• t -• i - - • •- • • of • _ •f• •• S_ - •- _ • - • • A not • • and - - • also camera, you can see CCSM1 and Child A's shadow on the sidewalk. CCSM1 does not appear to make physical contact during this time, which lasts approximately one minute. The only physical contact witnessed between CCSM1 and Child A is when she is holding up her arms in front of her body to deflect Child A's hitting. At 3:20pm, Kelly Fuerst arrives at the playground to assist with the children. Child A is picked up by a parent around 3:25pm. While onsite, I observed the distance from the playground area to the entrance of the back parking lot to be approximately 100 feet. I interviewed CCSM1 while at the center. She denied ever hitting, spanking or slapping Child A at any time. CCSM1 said that Kelly Fuerst is often the second caregiver in the classroom as this classroom currently has not permanent assistant caregiver. I did a follow-up interview with the complainant for further clarification as I did not see CCSM1 spank or slap Child A on the preschool playground on October 4, 2022. She was in her car in the parking lot when she observed CCSM1 and Child A on this date. She got out of her car and approached the playground exit when she thought Child A might be able to get out of the playground area. She again stated that she saw CCSM1 swat Child A's behind when they were on the area of the playground away from the gate. In viewing the video, there is only one time when CCSM1 and Child A go to this area of the playground. This is when Child A again tries to climb a fence and CCSM1 is seen walking over to him and taking him down from the fence and carrying Child A back to the area near the playground exit gate. CCSM1 does not appear to ever swat or slap Child A when they are in this area of the playground. The complainant provided me with a phone number of a person who also witnessed this. As of the date of this report, I have not received a return call from this person (Witness1) despite numerous attempts to reach her by phone and text.

On October 4, 2022, a child care staff member was witnessed spanking a child on the playground.

Disposition: Substantiated