• 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 08/02/2021, I made contact with program director (PD), Melissa Woods. Ms. Woods self-reported the incident. She shared Child A was standing near Child B's mat and pulled his pants down exposing his genitals to Child B. Child B who was kneeling on her mat, reached out and touched Child A's genitals. Ms. Woods shared she made contact with both parents immediately. The classroom was within ratio and there have been no concerns regarding supervision issues with Ms. DeBrincat who was the Child Care Staff 2 Member (CCSM) working during the incident. I asked if there have been prior incidents involving Child A exposing himself. She denied this. On 08/05/2021, I interviewed Child A's mother. Child A's mother was aware of the incident and shared she received a call from the child care facility the day it occurred. Child A started care at the facility in January 2021. Child A's mother denied having any supervision concerns and denied that Child A has ever shared concerns. She shared she had a conversation with Child A about the incident. On 08/05/2021, I interviewed Child B's parent. Child B's mother was aware of the incident and shared no concerns. She shared Child B has been in care at the facility since she was 3 months old (with a small break in service due to the pandemic). She denied having any concerns regarding supervision issues and believe this incident was handled appropriately. She denied that Child B has ever shared any concerns similar to this incident. On 08/09/2021, I completed an unannounced onsite inspection. I spoke with assistant director, Sarah Jeannette. Ms. Jeannette shared the program director; Ms. Woods spoke with both parents and no concerns from the parents have been shared. She said there has been no supervision concerns for CCSM, Ms. DeBrincat. I requested the number of children present at the time of the incident. A total of 11 were present with one staff. The staff to child ratio for this age group is 1 staff member to 12 children. I interviewed Child Care Staff Member (CCSM), Shaylah DeBrincat. Ms. DeBrincat shared she was working in the room covering a break. She had 11 children. After lunch the children started washing their hands. There were only four children who nap, so their mats were set up for them. After washing their hands, they went to their assigned mats. Ms. DeBrincat shared she started cleaning the table during hand washing time. As she looked up to make sure the nappers were at their designated spots, this is when she observed Child A with his pants down. She shared the incident happened within seconds and she witnessed the motion of him pulling his pants down next to Child B and Child B reaching out to touch his penis area. She immediately called his name which distracted him, and she told him to pull his pants up. Ms. Woods was walking by the classroom at the same time, so she made her aware of the incident. Ms. DeBrincat denied having any disciplinary actions against her for supervision concerns. Ms. DeBrincat shared the incident occurred quickly, but she was present and within site at all times. After speaking with Ms. DeBrincat, I requested to view the room to ensure there were no supervision blind spots that could obstruct CCSM's view. I observed an open floor plan with no concerns. On 08/09/2021, I spoke with PD, Ms. Woods to share the findings of the investigation. 3

Four-year-old (male) Child A pulled his pants down and Child B (4yr old female) touched his genitals.

Disposition: Substantiated