R 400.1911 · R 400.1911 Care; supervision; children. (1) A licensee shall ensure appropriate care and supervision of children at all times.

A phone interview was conducted on 05/12/ 2021 with the complainant. As the complainant pulled into the building across the highway from Ms. Johnson's child care, Child A, wearing what looked like grey or green clothing, was observed walking down the north side of US 2/41 unattended at approximately 11:33am. A man in a maroon pickup truck pulled over, picked Child A up and carried him approximately 80 feet to Ms. Johnson's house. The complainant was unaware that Ms. Johnson was a licensed child care provider. There did not appear to be anyone looking for Child A. Ms. Johnson's house is located approximately seventy feet from the north side of US 2/41. The road is two lanes with a passing lane in the middle with a speed limit of 35 mph. The north side of the road has no designated path or white line. A high school and bank are located across US 2/41 (south) of Ms. Johnson's house. A Dollar Store is located approximately 176 yards east with a vacant house as well as a row of 15 feet high shrubs perpendicular to the highway between the store and Ms. Johnson's. To the west is a one story house surrounded by shrubs tall enough to prevent the house from being seen from the highway as well as from Ms. Johnson's. Ms. Johnson's house faces south with a fenced backyard. At the time of the inspection there were gaps on each side of the gate located between the house and the garage which Ms. Johnson had attempted to block after the incident occurred. There is approximately six feet between the garage and the house. An on site inspection was conducted on 05/17/2021. At the time of the incident, Ms. Johnson was in the back yard with five children: two 2 year olds one of which was Child A and three 4 year olds. Ms. Johnson had her back to the gate, facing north interacting with the other four children present. She last saw Child A towards the back of the yard and did not know he was missing until she heard a car horn honk. A truck was in the driveway and a man was carrying Child A who was crying. Ms. Johnson did not know the name of the man. An inspection of the fence revealed gaps approximately six inches wide on either side of the gate located between the garage and house which Ms. Johnson had attempted to close. Ms. Johnson did not contact Child A's mother as she arrived shortly after the incident occurred, telling her "I understand if you don't want to come anymore." Two attempts were made to contact Child A's mother. Voicemails were left on 05/17/21 and 06/09/21 with no response received. On 06/04/2021, Ms. Johnson verified that Child A was still enrolled at her child care. Child care staff members Patricia Mair and Amanda Lenca were in the house at the time of the incident. During the on site inspection, Ms. Lenca stated that she and 3 Ms. Mair were caring for three infants and making lunch. A review of the staff child attendance sheets confirmed this. A phone interview was conducted with the witness on 05/21/2021. While driving west along US2/41, a small child was observed walking along the side of the road just west of the Dollar General at approximately 11:00am. He pulled into Ms. Johnson's driveway and walked east along the side of the road to pick Child A up. He then carried Child A, who was crying, back to his truck and honked the horn. Ms. Johnson came out of the house crying. He told her a lock should be put on the gate. The witness was alone at the time of the incident.

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.