Peaceful Hugs DBA: Legacy Children's Academy

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.

Child A was left in the classroom alone without appropriate care and supervision for several minutes. None of the staff was aware Child A was left alone. ................... ..................... .......................................... ... ................................................

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R 400.8125 · R 400.8125 1 Staff; volunteer; requirements. (1) All staff and volunteers shall provide appropriate care and supervision of children at all times.

On 11/10/2022, I interviewed the Complainant by telephone. The Complainant stated an incident occurred at the center between Ms. Rubino and Child, unaware of the exact date but approximately a couple of weeks ago. Child A was shaken and yelled at by Ms. Rubino and the center has not done anything about the incident. Ms. Rubino is currently still working at the center. On 11/14/2022, I completed an unannounced onsite investigation. Interviewed Mrs. Mary Peasley, licensee designee/program director, Lynda Rubino, childcare staff member, Heather Slucksin, childcare staff member and reviewed video. I informed Mrs. Peasley of the allegation and the reason for the investigation. Mrs. Peasley stated there was an alleged incident that occurred on 10/17/2022. She was not there when it happened but was contacted by a parent that was in the hallway that apparently witnessed Ms. Rubino picked Child A up by the arm and the tone of voice she used was concerning. I questioned why she had not contacted licensing about this matter since it was an allegation of inappropriate physical contact. After she reviewed the video and interviewed childcare staff members, she did not think there was something there that rose to inappropriate discipline. This incident occurred in the hallway as Child A was being taken to his bus. Ms. Rubino was trying to get him to his bus as he was enrolled in the local school district for a few hours and would then return. Ms. Rubino was having difficulties with trying to get him out the door. Child A apparently tried to head-butt Ms. Rubino and she was trying to stop him from injuring her. She explained that Child A had some behaviors problems that the center was working with him and the parents. The center had reduced the number of days and hours Child A attended. I asked Mrs. Peasley had there been any concerns previously with Ms. Rubino and how she cares for the children. Ms. Rubino was addressed before about the tone she uses towards the children. Mrs. Peasley disclosed that because of this incident and the tone used with Child A, Ms. Rubino received a written disciplinary because of the way she spoke towards Child A that appeared be out of frustration with his behaviors. Child A last attended the week of 10/28/2022. 3 On 11/14/2022, I reviewed the video at the center for the date of October 17, 2022, at appropriately 9:00 a.m. I observed Ms. Rubino holding Child A but the video "distorted" for several moments. After several tries to review it was still difficult to see any instances of Ms. Rubino shaking Child A. There was no sound available for the video. I interviewed Ms. Rubino. Ms. Rubino stated on 10/17/2022, she was attempting to change Child A's diaper but that he was moving around and was very "handsy." She been trying to change him for approximately 10-15 minutes without any success: as she was walking with Child A, he kept dropping his body. After the last final drop, she picked him up and took him to the front to other staff. She did not shake Child A but did pick him up by his arm but was not trying to hurt Child A but was frustrated with his behaviors. Before leaving into the hallway, Child A was running in circles in the room as she was trying to get him and had run into a shelf (no injuries reported). Child A's behavior became progressively worse since he started, not very verbal, would make animal sounds, and only recently started to use one-word responses. Child A was known to take toys from other children, difficulty following directives, and would be handsy towards staff and children. Child A required a lot of attention and assistance. Ms. Rubino received a written disciplinary notice in her employee file because of the tone used when she was getting Child A to his bus. She has what she calls a "loud" voice and been told to tone it down. She is aware that at that time when interacting with Child A on 10/17/2022 she was frustrated with his behaviors but would not have harm him but realized she shou

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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.

There is not enough evidence to support that Ms. Rubino physically disciplined Child A.

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R 400.8158 · ......................................................................... J R 400.8158 Incident, accident, injury, illness, death, fire reporting. (2) A licensee, licensee designee, or program director shall report to the child's parent and the department, directly or via phone, fax, or email, within 24 hours of the occurrence of any of the following: (b) An incident involving an allegation of inappropriate contact.

The center did not notify Child A's Mother when there was an allegation on inappropriate physical contact between Ms. Lynda Rubino.

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R 400.8158 · R 400.8158 j Incident, accident, injury, illness, death, fire reporting. (4) A licensee, licensee designee, or program director shall submit a written report to the department of the occurrences outlined in subrules (1), (2), and (3) of this rule, in a format provided by the department, within 72 hours of the verbal report to the department.

The center did not verbally report nor complete an incident report of the allegation of inappropriate physical contact with Ms. Rubino and Child A. I

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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 08/24/2022, I spoke with Ms. Mary Peasley by telephone. She informed me that Child A was left alone in a bathroom. After she reviewed the center's video, it was determined that Child A was left in the restroom for appropriately 12 minutes. Child A was found by Ms. Janell Hardwick, returned to the classroom, and she contacted Child A's Mother to tell her what happened. She will forward the incident report to me once completed. On 08/24/2022, Ms. Peasley forward a copy of the incident report to me by email. The incident report stated the following: "Frances took a small group of children to the bathroom. She left the bathroom at 10:05 a.m. She returned the children to Ms. Lynda. Ms. Frances left the classroom to start breaks. Ms. Lynda realized a child was missing and alerted the next-door classroom to check the bathrooms. Ms. Janell found Child A in the bathroom and returned her to class at 10:12 a.m." I interviewed Child A's Mother by telephone on 08/24/2022. Child A's Mother stated she was contacted by Ms. Peasley that there been an incident at the center where Child A was left unattended in the bathroom, was upset but had settled down. Child A's Mother was not happy, she asked what the center's protocol for transitioning and accounting for children. It been almost a year since Child A was enrolled in the center and prior to this incident she had not had any concerns about the care Child A receives at the center. She has requested to view the video of the incident. Follow-up interview with Child A's Mother by telephone on 08/24/2022. Child A's Mother had mistakenly called but did have a few questions. She learned that Ms. Johannes had since been fired from her position at the center. Although she was unhappy this incident occurred with Child A, she wanted to know if termination was normal. I explained each center has their own policies they follow as it relates to the care and wellbeing of children in care. On 08/25/2022, I completed on site investigation. I interviewed Ms. Peasley, Ms. Lynda Rubino, and Ms. Janell Hardwick. Ms. Peasley stated after reviewing everything it was determined it was best to terminate Ms. Johannes from employment. She explained that Ms. Johannes was a floater and would assist in the classroom that needed her. I informed Ms. Peasley I would complete interviews before reviewing the video. 3 I interviewed Ms. Rubino. Ms. Rubino stated she been employed at the center since the center's opening. She works in the 2 -3 years old preschool classroom. On 1/2 08/24/2022, she stayed behind with another child that was having problems settling down in the classroom, leaving Ms. Johannes to take five children to the restroom which included Child A. When Ms. Johannes returned the children to the classroom and left; she was still dealing with the one child and it was not until she was sitting everyone down at the table she realized Child A was missing. She could not leave the classroom as she was the only adult in the room and yelled to the classroom next to hers to look in the bathroom for Child A. Child A was found by Ms. Hardwick. She was told by Ms. Hardwick Child A was sitting on the potty crying but when she was returned to class, Child A was calm. She has never had any issues with Child A, when she transitions with the children out of the classroom she will complete name to face and count, while walking in the hallway she will walk backwards ensuring all the children are with her. Child A was picked-up early by her father and there was no discussion with Child A's Father about what happened. I interviewed Ms. Hardwick. Ms. Hardwick stated she has only been working at the center for approximately four months and currently works in the older preschool classroom. On 08/24/2022, Ms. Rubino came over to the room and asked if someone could go to the bathroom and look for Child A. She went to the bathroom and found Child A on the toilet crying in the dark. She changed Child A and was able to calm her before ret

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