10A NCAC 09 .0604 · Violation

Name of Operation: THE SHIRLEY WHITLEY CDC, H.S./EARLY HEAD START Facility ID: 43000579 Consultant: TANYA HERRING Operation Type: Center Case Number: 0426-366L Visit Date: 4/30/2026 Number Present: 28 Completed Date: 4/30/2026 Age: From 3 To 4 Total Minutes: 215 Time In: 09:55 AM Time Out: 01:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Self Report Announced/Unannounced: Unannounced The purpose of today’s visit was to investigate a self-report received by the Division of Child Development and Early Education (DCDEE) on April 23, 2026. Upon my arrival, I was greeted by the family advocate, L. Brown. Ms. Brown stated that the administrator, A. Jones, was present onsite. During today’s visit, a handwritten visit summary was shared with Ms. Jones due to connectivity issues. Additionally, the violations cited during the visit were explained in detail regarding the confirmed allegations. A computer-generated visit summary will be provided to you within two (2) business days. Limited monitoring of the child care requirements occurred during today’s visit. The license was posted. This facility currently operates with a five-star license issued on November 12, 2025. Ms. Jones accompanied me as I completed a general walk-through of the indoor and outdoor environments. A total of twenty-eight (28) children were present. The children were observed during teacher- directed activities, completing routine care tasks, and outdoor play. The allegations are as follows: -A concern of inappropriate discipline -A concern of an unsafe environment During today’s visit, I discussed the self-report with the administrator, Ms. Jones, and she was given the opportunity to share her perspective regarding the information surrounding the allegations. I also interviewed three (3) staff members, reviewed four (4) staff files and one (1) children’s record. My findings are as follows: Ms. Jones stated that on April 22, 2026, a teacher came to her with information regarding another staff person. The teacher reported that on the previous day, she observed another staff member place a 3-year-old child in a locked bathroom and turned off the lights. The staff member reported that the child was in the locked bathroom for approximately fifteen (15) minutes while the rest of the children ate their lunch. The teacher went on to report that the staff member remained positioned at the door, preventing the child from exiting the bathroom, and that she could hear the child crying and kicking while alone in the bathroom. When the child was eventually allowed to come out of the bathroom, the teacher stated the staff member stood in front of the child and told the child that they had five (5) minutes to eat their lunch. The teacher went on to state that there is a chair designated for the child to sit on while in the bathroom. After being notified of the allegation, Ms. Jones explained that she began an internal investigation and interviewed staff members designated to work in the classroom where the alleged incident took place. During the interviews, Ms. Jones asked the staff members about the chair and why it was in the bathroom. Initial statements made by one staff member was that the chair was used for sitting during diaper and/or pull up changes. However, the second staff member acknowledged that the chair was used for the child to sit in while in the locked bathroom with the lights off. When Ms. Jones asked why the child was being placed in a locked bathroom, the staff person replied that the child was hitting and kicking staff members. Following the interviews, the involved staff members were sent home. Ms. Jones then notified her immediate supervisor who in turn instructed her to contact DCDEE. During today’s visit, Ms. Jones contacted Human Resources who confirmed that following the conclusion of the internal investigations, the staff members involved were terminated from their positions effective April 30, 2026. Based on the statements provided by staff, the allegations regarding inappropriate discipline and an unsafe environment are CONFIRMED. The following violations were observed during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. On April 21, 2026, a 3-year-old child was placed in a locked bathroom. The child could be heard yelling, kicking and screaming, which occurred in the presence of children. 10A NCAC 09 .0601(a) 812 Electrical outlets and power strips, not in use, which were located in space used by children did not have safety outlets or were not covered with safety plugs unless located behind furniture or equipment that cannot be moved by a child. In classroom 8, an electrical outlet accessible to children was uncovered. 10A NCAC 09 .0604(c) 849 Leftover medicines were not returned to the parent after the course of treatment was completed, after authorization was withdrawn or after authorization had expired and/or medication was not discarded within 72 hours of completion of treatment or withdrawal of authorization. Written authorization to administer albuterol for enrolled children, B.J. expired on December 4, 2025, and L.C. expired on March 19, 2026. .0803(12) 905 Child was put in locked confinement. On April 21, 2026, a 3-year-old child was disciplined by being put into a locked bathroom, with the lights off. The child remained in the locked bathroom for approximately 15 minutes. .1803(a)(2) COMPLIANCE HISTORY: Prior to today’s visit, the 18-month compliance history for this facility was 94%. COMPLIANCE LETTER: All violations must be corrected immediately. A compliance letter is due to me within two (2) weeks of today’s visit. By May 14, 2026, please send me a letter addressing each violation, how the violations were corrected, and how compliance will be maintained in the future. In your letter, be sure to include your facility name, facility ID number and each item number for the violation cited. You may submit the letter to me electronically at tanya.herring@dhhs.nc.gov. If you elect to mail your letter, please ensure that you allow sufficient time so that the letter reaches me on time. My mailing address is: Tanya Herring 2201 Mail Service Center Raleigh, NC 27699-2200 Due to the nature of the violation cited during today’s visit, a follow-up visit will occur in the near future to ensure ongoing compliance has been maintained. In addition, the DCDEE may recommend an Administrative Action against your facility. TECHNICAL ASSISTANCE/CONSULTATION: During today’s visit, Ms. Jones stated that the staff are all trained to use Conscious Discipline strategies when children have behaviors such as kicking, hitting, or causing physical harm to themselves or other children. She stated that their organization has its own contracted mental health department manager, L. Conley, who has come in to observe this child but has not yet provided any strategies to the teachers to support the child’s behavior. In the meantime, Ms. Jones stated she has observed the teachers implementing strategies such as encouraging children to take deep breaths when they become frustrated or upset, using a designated “stomping zone” as a safe space to release feelings of anger and frustration, and applying the “pressure pushing wall” technique, which allows children to push against a wall to help regulate strong emotions. She also stated that she has communicated with parents to gather insight into behaviors observed at home and to share the strategies being used in the classroom to support consistency in addressing the child’s needs. I also encouraged you to contact the Child Care Resource Center at 1-888-600-1685. You may also visit the website at childcareresourcesinc.org to access support from a Healthy Social Behaviors Coach (HSB). The HSB coach can provide educational resources and training, develop a coaching relationship with the administrators and the classroom teachers, and make community connections to support young children and families with challenging behaviors. These services can provide your teachers with practical strategies to respond to challenging behaviors in ways that are both appropriate and nurturing, while aligning with each child’s individual cognitive and developmental stage. Finally, during today's visit, staff members were reminded that they are mandated reporters. I stated that as a mandated reporter, they are legally required to report suspected child abuse or neglect to the relevant authorities. The relevant authorities may be DCDEE, the Department of Social Services (DSS), Child Protective Services (CPS) or local law enforcement such as the police or sheriff's department. Additional information on mandated reporting can be found at Children's Advocacy Centers of North Carolina on their website at https://cacnc.org/. Thank you for your time today. If you have any questions, please contact me at tanya.herring@dhhs.nc.gov or at 910-624-4171. You may also contact Licensing Supervisor, Teraesa Leak at teraesa.leak@dhhs.nc.gov or by phone at 919-971-7765. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times

Open Not marked corrected in the state record

Category: supervision. Open / not marked corrected.