R 400.8140 · R 400.8140 Discipline. (1) Positive methods of discipline that encourage self- control, self-direction, self-esteem, and cooperation must be used.

On 10/27/2022 I spoke with administrator Codi Benjamin. Ms. Benjamin said that the center has been addressing concerns that Child A's mother had with child care staff member Nancy Adams. On 10/25/2022 Child A had a red mark visible on his neck. When asked about it, Child A reported that a child care staff member did it. Child A then demonstrated using a "choking" motion with his hands. Child A's mother also informed Ms. Benjamin that Child A does not know the child care staff members by name, but Child A has provided her with a description that leads her to believe the child care staff member Child A is referring to is Nancy Adams. Ms. Benjamin provided me with written details of their own internal investigation. I reviewed the documents and discovered that child care staff member Nancy Adams was not in attendance on 10/25 the day the red mark was observed on Child A. I completed an onsite inspection on 10/28/2022. There were only two child care staff members available for interview that day. Child care staff member Kayla Hayes reported that she has never witnessed any child care staff member choke a child. She denied ever choking a child or knowing how a red mark could have appeared on Child A. I also interviewed child care staff Jenna Crawford while onsite on 10/28/2022. She reported that she has never witnessed any child care staff member choke a child or even lay hands on a child. She denied choking or using any physical discipline. On 10/31/2022 I completed more onsite interviews with program director Jennifer Marshall. She reported that she has never witnessed any child care staff members choke a child and she would never allow that to happen. She provided me with a copy of the discipline policy for review. The center will use redirection by sending the children to a safe spot with "a tucker the turtle" book which is a book the center utilizes as part of their discipline policy to help redirect children and have them read and calm down. I spoke with Child A's mother on 10/31/2022. She reported that she understands it is unlikely that a child care staff member actually choked Child A and she said that Child A does not know the child care staff members by name. She said that there 3 was a small red mark on 10/25/2022 that her mother (who usually does the pickup) told her about and so she asked Child A and Child A demonstrated a choking motion. Child A's mother reported that she contacted the center because they have had ongoing concerns about a child care staff member that Child A refers to as "the big lady" and how she is "mean". She first brought this to the center's attention on or about 9/15/2022. She is choosing to keep Child A out of the classroom until the investigation is complete because she does not believe that her child feels safe. I also spoke to Child B's mother and Child C's mother on 10/31/2022. They reported no concerns for the way their children has been disciplined in the center. On 11/1/2022 I spoke via phone call with child care staff member Nancy Adams. Ms. Adams said that she has no idea why Child A would be fearful of her. Ms. Adams said the day the red mark was seen she was not at work and was also not present the day prior (10/24/2022). Ms. Adams said that Child A can be mischievous at times, but she has never laid hands on Child A for discipline. Ms. Adams said she did walk Child A out to his grandmother's car two or three times and had to hold Child A's hand to keep him from wandering into the parking lot, but that is the only time she has had physical contact with Child A. On 11/14/22 I spoke to child care staff member Terra French. Ms. French reported that she has never witnessed Ms. Adams or any other child care staff member choke a child or lay hands on a child. PPLICABLE RULE R 400.8140 I Discipline. (2) All of the following means of punishment are prohibited: (a) Hitting, spanking, shaking, biting, pinching, or inflicting other forms of corporal punishment. ANALYSIS: I Ms. Adams did not ch

Open Not marked corrected in the state record

Category: ratio. Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. (1) Positive methods of discipline that encourage self- control, self-direction, self-esteem, and cooperation must be used.

On 3/22/2022 I spoke to program director Codi Benjamin. Ms. Benjamin reported that child care staff member Trista Rink called to let her know that Child A's parent called and said that she was concerned with what she saw during pick up time on 3/15/2022. Child A's mother reported to Ms. Rink that she witnessed child care staff member Nancy Adams pull Child A by the arm when trying to get her coat on, and then got in her face telling her to listen. Child A's mother reported that she knew Child A was having a hard week with her behaviors at home and thought she was also displaying those behaviors in the classroom. Child A's mother did not think much about it until later that evening and then decided to call Ms. Rink, the classroom supervisor to discuss the concern. Ms. Rink reported to Ms. Benjamin that Child A had not been having any unusual behaviors, and she did not witness Ms. Adams being inappropriate in her treatment of Child A. On 3/24/2022 I completed an onsite inspection and interviews with child care staff members Ms. Adams and Ms. Rink and program director Stacey Daniels. Ms. Adams reported that last week she was helping Child A get her coat on for pick up time, and Child A was hurried and acting silly and tried to pull away from her when she saw her mother in the doorway. Child A's coat was not fully on yet, so Ms. Adams still had ahold of the one arm that was in the sleeve and told Child A "not yet, we have to get your coat on". Ms. Adams then put Child A's other arm in the sleeve and crouched down to help Child A zip the coat. Child A's mother did not appear upset and walked away telling the child to "knock that shit off'. Ms. Adams was unsure what she was referring to, other than Child A was acting a little hyper and running just a little bit ahead of mom. Ms. Adams denied pulling Child A's arm in anyway and denied getting in Child A's face for discipline. Ms. Adams believes that from where mom was standing in the doorway, she saw her crouch down to zip Child A's coat and thought she was disciplining Child A for pulling away when attempting to get the coat on. Ms. Adams reported that for discipline they re-direct the children to a new activity or explain feelings and guide them through them. Ms. Rink reported that she was in the classroom when mom picked Child A up and she never had any concerns with the way Ms. Adams handled Child A. She said that Child A does have issues at drop off time, with not wanting mom to leave so she believes she was anxious to be picked up when Child A saw mom in the doorway and was just in a hurry. Ms. Rink has never been concerned with the way Ms. Adams disciplines or handles children. She did not witness Ms. Adams get into Child A's face for anything. Ms. Rink reported that they use re-direction as a way to deter unwanted behavior. The discipline policy for the classroom was reviewed. The policy stated that re-direction and talking through emotions would be utilized. Ms. Daniels was not present during the pickup time on 3/15/2022 and reported that she has never had any concerns with the way Ms. Adams disciplines the children and does not believe that Ms. Adams was really even disciplining, just handling Child A being a little rambunctious and, in a hurry, to greet her mom at the door. 4 Child A's mother could not be reached for interviews after several contact attempts on 3/24/2022, 4/05/2022, 4/15/2022 and 4/26/2022. I spoke to Child C's mother. She reported that she has always been very comfortable with Child C's child care staff members and Child C loves to attend school. She had no concerns to bring to the department's attention. I also spoke to Child D's mother on 3/24/2022. She reported that Child D has never told her anything concerning about the classroom, and she is very happy with the care her child receives. Child B's mother, Child E's mother and Child F's mother were not interviewed regarding this allegation because their children are not enrolled in this classroom.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.

R 400.8140 · R 400.8140 Discipline. (1) Positive methods of discipline that encourage self- control, self-direction, self-esteem, and cooperation must be used.

On 3/24/2022 1 completed an onsite inspection and interviews with child care staff members Sam Beasley and program director Stacey Daniels. Ms. Daniels reported that she was present for the incident that happened on 3/15/2022 after Child B was dropped off by his mother. Child B had been having a very difficult morning and Child B's mother let her and Ms. Beasley know this. Child B immediately ran under one of the child care staff members' desk to hide. Ms. Beasley pulled the chair out from the desk, and it caught on the nearby area rug, and tipped over. Ms. Daniels reported that Ms. Beasley was not being aggressive when she pulled the chair away, it just caught on a wheel and tipped. Ms. Beasley then tried to coax Child B out from under the desk, and he refused to come out. Ms. Beasley then attempted to pick Child B up by placing her hands under his armpits and his coat was not zipped so he slid out of his coat. At this point Ms. Beasley let him sit under the desk for a while and try to regulate himself. Ms. Daniels said he had behavior issues the remainder of the day. She did not have any concerns for the 5 way that Ms. Beasley handled the situation and said Ms. Beasley did not raise her voice or disciplined Child B in anyway. Ms. Beasley reported that when Child B came into the classroom, he was having behavior issues already, and Child B's mom said it had been a difficult morning for him. Ms. Beasley said that Child B went immediately under her desk to hide and refused to come out. She knew there were cords under there and did not think it was safe for him to remain there. Child B had pulled the chair back under the desk when he went under, so she pulled the chair out from under the desk. The chair is on wheels and one of the wheels caught the edge of a nearby area rug and tipped on its side. She then picked the chair back up and tried to get Child B from under the desk to play with his friends. Child B still refused so when he turned his back to her, she put her hands under his armpits in an attempt to lift him from under the desk. Child B slide out of his coat and continued to refuse to come from under the desk. Not wanting to further upset him, she decided to keep an eye on him until he was ready to come out, which a few minutes later he did. She reported that for the remainder of the day Child B had a difficult time until after rest time. For discipline they re-direct the children and do emotion coaching (talking a child through what they are feeling). The discipline policy for the classroom was reviewed. The policy stated that re-direction and talking through emotions would be utilized. On 3/24/2022 I spoke to E's mother. She reported no concerns with the child care staff members in Child E's classroom. She recently moved from a different area, and is much happier with the care Child E receives in this facility compared to the other state she lived in. On 3/25/2022 I spoke to Child B's mother and Child F's mother. Child B's mother reported that Child B can sometimes have difficulty regulating himself and transitioning into the classroom, especially if he is tired. She believes this is what happened on 3/15/2022 and she has no concerns for the way the child care staff members handled the situation. She was impressed that the agency program director even called to discuss it with her. She has no concerns to bring to the department's attention and Child B will continue to be enrolled in the classroom. Child F's mother reported that she is very happy with the care her child gets at the facility and had no concerns to discuss with the department. Child A's mother, Child C's mother and Child D's mother were not interviewed regarding this allegation because their children are not enrolled in this classroom. A